Chapter 9.26


9.26.010    Intent.

9.26.020    Infractions, penalties, continuing violations.

9.26.030    Daytime loitering by minors.

9.26.040    Minor curfew, loitering or wilful misconduct – Cost recovery.

9.26.010 Intent.

It is the intent of this chapter to encourage juveniles to take advantage of educational opportunities; to reduce the incidence of daytime burglary; to reduce losses due to daytime juvenile crime; and, by reducing juvenile truancy, to develop a program to keep juveniles out of the Juvenile Justice System. (Ord. 455, 1996)

9.26.020 Infractions, penalties, continuing violations.

Notwithstanding any other provision of the Poway Municipal Code, when a person under the age of 18 years is charged with a violation of any provision of this chapter, and a peace officer issues a notice to that minor to appear in court, the charge may be prosecuted as either a misdemeanor or as an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the court. (Ord. 455, 1996)

9.26.030 Daytime loitering by minors.

It is unlawful for any person under the age of 18 years, who is subject to compulsory education or to compulsory continuation education, to loiter upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised public place between the hours of 8:30 a.m. and 1:30 p.m. Monday through Friday at times when such person’s school is in session.

This section does not apply:

A. When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or

B. When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or

C. When the minor is going or coming directly from or to their place of gainful employment or to or from a medical appointment; or

D. To students who have permission to leave a school campus for lunch or school-related activity and have in their possession a valid, school issued, off-campus permit; or

E. To students currently enrolled in an independent study program. (Ord. 455, 1996)

9.26.040 Minor curfew, loitering or wilful misconduct – Cost recovery.

A. Determination by Court. When a person under 18 years of age is detained for a period of time in excess of one hour, and said detention required the supervision of the juvenile offender by San Diego County Sheriff’s Department employee(s), the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by said department and may be assessed the cost thereof by the court if such detention results in civil finding or criminal conviction of violation of PMC 9.26.030. Said assessment shall be payable to the City of Poway.

B. Appeal. Any person receiving a bill for Sheriff’s Department services pursuant to this chapter may, within 15 days after the billing date, file a written request appealing the imposition of said charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the City Manager, or his or her designee, as the hearing officer. Within 10 days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the Sheriff’s services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the City shall be paid within 30 days after notice of the decision of the hearing officer. (Ord. 455, 1996)