Chapter 11.57
DAYTIME LOITERING*
Sections:
* Prior ordinance history: Ord. 96-26.
11.57.010 Definitions.
“Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to present serious bodily injury or loss of life.
“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.
“Guardian” means a person who, under court order, is the guardian of the person of a minor, or a public or private agency with whom a minor has been placed by a court.
“Minor” means any person under eighteen (18) years of age.
“Operator” means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of any association or partnership and the officers of a corporation.
“Parent” means a natural parent, adoptive parent, or step-parent of another person, or a person at least eighteen (18) years of age, and authorized by a parent or guardian to have the care and custody of a minor.
“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, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
“Remain” means to linger, stay, loiter, idle, wander, stroll, or play upon public or private property, or to fail to leave premises, when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
“Truancy” means any person under the age of eighteen (18) who is subject to compulsory education or to compulsory continuation of education and is found off school grounds, on any day that school is in session, during the designated school hours of the individual or individuals in question without a valid excuse.
“Valid excuse” means any specific exception included within Section 11.57.30 of the Santa Clarita Municipal Code. (Ord. 97-17, 10/15/97; amend Ord. 02-11, 11/12/02)
11.57.020 Prohibited Act.
No minor under the age of eighteen (18) who is subject to compulsory education or subject to compulsory continuing education, shall alone or in concert with others remain 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 place open to the public during the designated school hours of the individual or individuals in question. (Ord. 97-17, 10/15/97; amend Ord. 02-11, 11/12/02)
11.57.030 Valid Excuses.
The provisions of Section 11.57.020 shall not apply when:
A. The minor has in his or her possession a written excuse from the minor’s parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor, which excuse provides a reasonable explanation, as determined by the court, for the minor’s absence from school;
B. The minor is accompanied by his or her parent, guardian, or other adult person over the age of eighteen (18) having the care and custody of the minor;
C. The minor is on an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor;
D. The minor is going to or coming directly from his or her place of employment;
E. The minor is going to or coming from a medical appointment;
F. The minor has permission to leave campus for lunch or a school-related activity and has in his or her possession a valid, school-issued, off-campus permit or is supervised by school personnel;
G. 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. (Ord. 97-17, 10/15/97)
11.57.040 Penalty.
Each violation of Section 11.5 7.020 shall constitute a separate offense and shall be an infraction, and the peace officer shall be authorized to issue a citation to appear in a juvenile traffic court of competent jurisdiction or to file a juvenile application for a petition to be filed under Section 601 or 602 of the Welfare and Institutions Code, at the discretion of the peace officer.
A minor cited for an infraction under this chapter must attend a court hearing on the infraction and must be accompanied at the hearing by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor. If any such parental or custodial person(s) fails to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the court shall continue the hearing and shall issue a citation to said parental or custodian person(s) directing said person(s) to appear at the continued hearing with the minor.
Any person convicted of wilfully violating this chapter is guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100.00) for the first offense within a one-year period and not exceeding two hundred fifty dollars ($250.00) for subsequent offenses within a one-year period and/or performance of community service for a total time not to exceed ten (10) hours over a period not to exceed thirty (30) days, during times other than his or her hours of school attendance or employment.
The court may continue the imposition of the sentence described herein and if, after sixty (60) days, the minor has had no unexcused absences from school during that period, the minor’s parents have attended a court-approved parenting class or classes, and the minor has performed sixteen (16) hours of court-approved community service, the court may cause the imposition of the fine imposed to be set aside. (Ord. 97-17, 10/15/97)
11.57.050 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Santa Clarita hereby declares it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions may be declared invalid or unconstitutional. (Ord. 97-17, 10/15/97)