Chapter 9.20
CURFEW
Sections:
9.20.030 Curfew for juveniles.
9.20.040 Exceptions—Curfew for juveniles.
9.20.060 Exceptions—Daytime curfew.
9.20.070 Parent or guardian responsibility.
9.20.110 Cost recovery appeals.
9.20.010 Purpose and intent.
The city council of the city of San Jacinto finds, determines and declares that this chapter has been enacted based upon the following facts and purposes:
A. Juveniles who remain in public places or establishments or drive about the city aimlessly or congregate in places without parental supervision during late evening and early morning hours frequently engage in criminal or other delinquent behavior.
B. Juveniles who are subject to compulsory education laws, who do not attend school during school hours, without a lawful excuse, frequently engage in criminal or delinquent behavior.
C. School absenteeism is a problem that plagues schools and creates a burden for the city.
D. The unexcused absences of students from school result in the loss of state and federal funding to the detriment of all students.
E. Unsupervised students become a burden on police who must return them to school, wait for parents to pick them up, and investigate any and all criminal activity related to a student’s absenteeism.
F. The city of San Jacinto has a compelling interest in protecting the public from juveniles committing crimes, increasing the exercise of parental responsibility for the city’s children, reducing the opportunities for juvenile crime, and improving school attendance.
It is, therefore, the intent of the city council in enacting this chapter to prohibit any juvenile as defined in this chapter, who is subject to compulsory education or compulsory continuation education, subject to specific expectations related herein, from being in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds during the period of the day when the juvenile is required to be in school, subject to the exceptions and terms of the chapter.
In addition, it is the intent of the city council to provide appropriate criminal sanctions against any juvenile who violates this chapter by making a violation of this chapter a misdemeanor or an infraction for a first offense and a misdemeanor for subsequent offenses. It is also the intent of the city council to provide appropriate criminal sanctions against any parent who violates this chapter by making a violation of this chapter a misdemeanor. Finally, it is also the intent of the city council to allow juveniles to move about freely while participating in legitimate activities, and to pursue legitimate activities during the day with the permission of his or her parent, guardian, or other adult person having the lawful care and custody of the juvenile. (Ord. 1104-02-11 § 1 (part))
9.20.020 Definitions.
“Emergency” means a sudden or unexpected occurrence or combination of occurrences demanding prompt action. The term includes, but is not limited to, fire, natural disaster, automobile accident or requirement for immediate medical care for another person.
“Establishment” means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
“Juvenile” means any person under eighteen (18) years of age.
“Parent” means a person who is the natural or adoptive parent of a person. This includes a court-appointed guardian or other person eighteen (18) years of age or older authorized by the parent, by a court order or by a court appointed guardian to have the care and custody of that juvenile.
“Public place” means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, parks and the common areas of schools, hospitals, office buildings, transport facilities, shopping centers, and malls. (Ord. 1104-02-11 § 1 (part))
9.20.030 Curfew for juveniles.
It is unlawful for any juvenile to remain in any public place or on the premises of any establishment in the city or to idle, wander, stroll, or aimlessly drive or ride about in or upon any public street, avenue, highway, road, curb area, alley, park, playground, public place or public building, place of amusement or eating place, establishment, vacant lot or unsupervised place between the hours of ten p.m. of any day and six a.m. of the following day. (Ord. 1104-02-11 § 1 (part))
9.20.040 Exceptions—Curfew for juveniles.
Section 9.20.030 shall not apply when the juvenile is:
A. Accompanied by the juvenile’s parent;
B. On an errand at the direction of the juvenile’s parent;
C. In a motor vehicle involved in interstate travel;
D. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
E. Engaged in activity that is connected with or required with respect to a business, trade, profession or occupation in which the juvenile is lawfully engaged;
F. Involved in an emergency;
G. On the sidewalk abutting the juvenile’s residence;
H. Returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, or sporting event;
I. Attending an official school, religious or other recreational activity supervised by one or more adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the juvenile, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by one or more adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the juvenile;
J. Exercising First Amendment rights protected by the United States Constitution; or
K. Emancipated pursuant to law. (Ord. 1104-02-11 § 1 (part))
9.20.050 Daytime curfew.
It is unlawful for any juvenile who is subject to compulsory education or compulsory continuation education to be in or upon any public street, highway, road, alley, park, playground, or other public ground, public place, public building, place of amusement, eating establishment or vacant lot during the hours of eight-thirty a.m. to one-thirty p.m. on days when said juvenile’s school is in session. (Ord. 1104-02-11 § 1 (part))
9.20.060 Exceptions—Daytime curfew.
Section 9.20.050 shall not apply:
A. When the juvenile is accompanied by his or her parent; or
B. When the juvenile is on an emergency errand directed by his or her parent; or
C. When the juvenile is going or coming directly to or from his or her place of gainful employment or to or from a medical appointment; or
D. To any juvenile who has permission to leave the school campus for lunch or other school-related activity and has in his or her possession valid proof of such permission if such proof of permission is required; or
E. When the juvenile is exempt by law from compulsory education or compulsory continuation education from private or public school; or
F. When the juvenile is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, 48222, or 48224 or any other applicable state or federal law authorizing private schooling or private schooling at home; or
G. When the juvenile is exercising First Amendment rights protected by the United States Constitution; or
H. When the juvenile is emancipated pursuant to law. (Ord. 1104-02-11 § 1 (part))
9.20.070 Parent or guardian responsibility.
It is unlawful for the parent of any juvenile to knowingly permit or, by insufficient control, allow the juvenile to be in violation of any section of this chapter. (Ord. 1104-02-11 § 1 (part))
9.20.080 Enforcement.
A. Before taking an enforcement action under this chapter, a peace officer shall ask the apparent offender’s age and reason for being in a public place or establishment during curfew hours. The officer shall not issue a citation or detain a juvenile unless the officer reasonably believes an offense has occurred and based upon the juvenile’s response(s) and circumstances, no defense under this chapter appears present or applicable.
B. A peace officer may issue a citation to any juvenile or parent found to be in violation of this chapter and may detain any juvenile, until the juvenile can be placed in the care and custody of a parent. If cited, the juvenile and a parent shall appear in court as directed by the citation. (Ord. 1104-02-11 § 1 (part))
9.20.090 Violation—Penalties.
A. Any juvenile convicted of a misdemeanor for violations of any section of this chapter may be punished by a fine not exceeding one thousand dollars ($1,000) or by a requirement to perform city or school-approved work projects or community service or both. If required to perform a project, the total time for performance shall not exceed twenty (20) hours over a period not to exceed sixty (60) days, during times other than a juvenile’s hours of school attendance or juvenile or parent’s hours of employment.
B. Any parent violating any provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed one thousand dollars ($1,000), or by imprisonment for a period of not more than six months in the county jail or by both fine and imprisonment.
C. Notwithstanding subsection A of this section, the police department may file the first violation of Sections 9.20.030 and 9.20.050 as an infraction. The superior court, traffic division, is authorized to hear such a case as an infraction.
D. In addition to issuing the citation for the first violation of this chapter, the chief of police or his designee shall issue to the juvenile a warning citation regarding the consequences of a second violation of the chapter.
E. The chief of police or his designee shall also provide the parent(s) of the juvenile with notice via U.S. mail that states that upon a second violation, the parent may be held liable for actual administrative and transportation costs. This notice shall have a section for the parent(s) to sign and return to the police acknowledging the notice and its contents. This notice shall also include a space for the explanation of any circumstances relevant to an applicable exemption from the fee as provided by Section 9.20.100(E). (Ord. 1104-02-11 § 1 (part))
9.20.100 Cost recovery.
A. Section 625.5 of the Welfare and Institutions Code shall apply to this chapter.
B. A fee for the actual costs of administrative and transportation services for the return of the juvenile to his or her place of residence, or to the custody of his or her parents, may be charged jointly or severally to the juvenile or his or her parent in an amount not to exceed those actual costs.
C. The police chief or his designee may assess this fee on the parent of a juvenile committing any public offense amounting to an act of willful misconduct in violation of Welfare and Institutions Code Section 602, where police personnel provide services relating to the detention, processing, or supervision of juveniles that are over and above the normal services usually provided by the San Jacinto police department, may be assessed, and billed for, the cost of providing such personnel for such services beyond those normally provided by said department.
D. The fee may also be assessed upon a finding of civil liability or criminal conviction for violations of curfew, pursuant to Welfare and Institutions Code Section 625.5, daytime curfew, or willful misconduct in violation of Welfare and Institutions Code Section 602, a juvenile is detained for a period of time in excess of one hour, and said detention required the supervision of the juvenile offender by a member(s) of the San Jacinto police department, the parent having custody or control of said juvenile shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by said department.
E. The city manager or his/her designee shall be the designated hearing officer for any appeals and after a hearing may:
1. Waive the payment of the fee by the parent upon a determination that the person has made reasonable efforts to exercise supervision and control over the juvenile; or
2. Waive the fee if he/she determines that neither the juvenile nor the parent has the ability to pay the fee; or
3. Require performance of community service in lieu of imposing the fee; or
4. Waive the payment of the fee by the parents upon a determination that the parent(s) has limited physical or legal custody and control of the juvenile. (Ord. 1104-02-11 § 1 (part))
9.20.110 Cost recovery appeals.
Any person receiving a bill for police services pursuant to this chapter may, within fifteen (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 ten (10) days after the conclusion of the hearing, the hearing officer shall give written notice of the decision to the appellant. The city manager, or his or her designee, may waive payment of the fee by the juvenile, his or her parents upon a finding of good cause. 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 the city shall be paid within thirty (30) days after the notice of decision of the hearing officer or such other time as deemed appropriate by the hearing officer. (Ord. 1104-02-11 § 1 (part))