Chapter 9.28
CURFEW
Sections:
9.28.030 Daytime curfew – Truancy.
9.28.040 Penalty for violation.
9.28.010 Definitions.
As used in this chapter:
“Compulsory education” or “compulsory continuing education” shall have the meaning set forth in Section 48200 of the California Education Code.
“School attendance hours” means and includes the hours designated as the length of the school day on the days school is in session according to the governing board of the school district.
“School district” means any school district that governs the operation of elementary and secondary schools within the city. [Ord. 23-2007 § 1].
9.28.020 Nighttime curfew.
A. It is unlawful for any minor under the age of 18 years to loiter, idle, wander, stroll aimlessly, drive or ride about, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and eating places, vacant lots or any unsupervised place between the hours of 10:00 p.m. and daylight immediately following; provided, however, that the provisions of this section do not apply:
1. When the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor;
2. When the minor is upon an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor;
3. When the minor is returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, sporting event or school activity; or
4. When the presence of such minor in said place or places is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged.
B. It is unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 18 years to permit or allow such minor to loiter, idle, wander, stroll aimlessly, drive or ride about or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and eating places, vacant lots, or any other unsupervised place between the hours of 10:00 p.m. and daylight immediately following in violation of subsection (A) of this section.
C. Each violation of the provisions of this section shall constitute a separate offense. [Ord. 23-2007 § 1; Ord. 18-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
9.28.030 Daytime curfew – Truancy.
A. It is unlawful for any student, who is subject to compulsory education or to compulsory continuing education, to be absent from school during school attendance hours on days when said student’s school is in session. This section does not apply:
1. When the student is accompanied by his or her parent, guardian, or other adult person having the care or custody of the student; or
2. When the student is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the student; or
3. When the student is going or coming directly to or from a medical appointment; or
4. To any student who has permission to leave the school campus for lunch or a school-related activity and has in his or her possession a valid, school-issued, off-campus permit; or
5. When the student is exempt by law from compulsory education or compulsory continuing education; or
6. When the minor is going to or returning directly from a public meeting or place of public entertainment, such as a movie, play, sporting event, dance or school activity, provided such meeting, event or activity is a school-approved activity for the minor or the minor is otherwise under the supervision of school personnel; or
7. When the presence of the minor away from school is connected with or required by a school-approved or school-related business, trade, profession or occupation in which the student is lawfully engaged; or
8. When the student is authorized to be absent from his or her school pursuant to the provisions of Section 48205 of the California Education Code, or any other applicable state or federal law.
B. It is unlawful for the parent, guardian or other adult person having the care and custody of a student to permit or allow such student to be absent from school during school attendance hours when said student’s school is in session in violation of subsection (A) of this section.
C. Each violation of the provisions of this section shall constitute a separate offense. [Ord. 23-2007 § 1; Ord. 18-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
9.28.040 Penalty for violation.
A. Each violation of this chapter shall constitute an infraction and shall be punishable by a fine not to exceed $500.00 in accordance with Section 36900(b) of the Government Code or successor statute.
B. Prior to the commencement of any enforcement action taken pursuant to this section, the enforcement authority shall issue a warning notice to the minor or student and his or her parent(s) or legal guardian(s). The warning notice shall be in a form approved by the chief of police.
C. If a subsequent violation of RCMC 9.28.030 occurs after the service of a warning notice, the minor and his or her parent(s) or legal guardian(s) shall be subject to the penalties set forth in this section.
D. The enforcement authority shall make a good faith effort to issue a warning notice prior to the commencement of any enforcement action taken pursuant to this section. However, the failure to serve a warning notice prior to the commencement of any enforcement action taken pursuant to this section shall not invalidate further enforcement proceedings under this chapter. [Ord. 23-2007 § 1; Ord. 18-2005 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
9.28.050 Cost recovery.
A. Determination by Court. In addition to the other penalties imposed by this chapter, if a court determines that a minor under 18 years of age is subject to civil or criminal liability based on violation of this chapter, it may provide that the parent(s) or legal guardian(s) of the minor shall be jointly and severally liable for the cost of providing law enforcement personnel to supervise the minor during his or her detention, over and above the cost of services normally provided by the city’s law enforcement agency.
B. Determination by Chief of Police. When the chief of police or designee thereof determines that the city’s law enforcement agency incurred costs over and above the cost of services normally provided by the agency in providing law enforcement personnel to supervise a minor during his or her detention for violation of this chapter, and when it has been determined by a court that the minor was civilly or criminally liable for such misconduct, the parent(s) or legal guardian(s) of the minor may be assessed, and billed for, such additional costs.
C. Appeal. Any person receiving a bill for police 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 police 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. 23-2007 § 1; Ord. 18-2005 § 1].