9.04.210 - Daytime restrictions for minors.

(a)

Definitions.

(1)

"Compulsory continuation education" means any law which requires all persons generally sixteen years of age or older and under eighteen years of age not otherwise exempted by the California Compulsory Continuation Education Law to attend special continuation classes maintained by the governing board of the high school district in which they reside or by the governing board of a neighboring high school district for not less than four sixty-minute hours per week for the regularly established annual school term.

(2)

"Compulsory education" means any law which requires a person between the ages of generally six and sixteen years of age not exempted under the provisions of the California Compulsory Education Law to attend the public full-time day school or continuation school or classes for full-time designated as the length of the school day by the governing board of the school district in which the residency of the parent or guardian is located.

(3)

"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, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(4)

"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.

(5)

"Guardian" means:

(A)

A person who, under court order, is the guardian of the person of a minor; or

(B)

A public or private agency with whom a minor has been placed by the court.

(6)

"Minor" means any person under the age of eighteen.

(7)

"Parent" means a person who is:

(A)

A natural parent, adoptive parent, or step-parent of another person; or

(B)

At least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

(8)

"Public place" means any place to which the public or a substantial portion of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment buildings, office buildings, transport facilities, shops, restaurants and banquet facilities.

(b)

Daytime Restrictions.

(1)

It is unlawful for any minor under the age of eighteen, who is subject to compulsory education or to compulsory continuation education, to be absent from school and found present in a public place or establishment unless the minor has one of the valid excuses specified in this section.

(2)

For purposes of this section, a minor is "absent from school and found in a public place or establishment" if said minor is found present in a public place or establishment between the hours of eight-thirty a.m. and one-thirty p.m., inclusive, of the same day or days when said minor's school is in session.

(c)

Valid Excuses. The daytime restrictions above shall not apply when a minor has one of the following valid excuses:

(1)

The minor has in his or her possession a written excuse from the minor's parent(s) or guardian(s) which upon verification by the parent(s) or guardian(s) provides for the minor's absence from school.

(2)

The minor is accompanied by his or her parent(s), guardian(s), or other adult person(s) having the legal care or custody of the minor.

(3)

The minor is upon an emergency errand directed by said minor's parent(s), guardian(s), or other adult person(s) having the legal care or custody of the minor.

(4)

The minor is going to or returning directly from a medical appointment.

(5)

The minor has permission to leave campus and said minor has in his or her possession a valid, school-issued, off-campus permit.

(6)

The minor is going to or returning directly from an establishment or other place of public entertainment, such as a movie, play, sporting event, dance or school activity provided such place is a school-approved activity for the minor or is otherwise supervised by school personnel of said minor's school; or the presence of the minor in said establishment or public place is connected with or required by a school-approved or school-related business, trade, profession or occupation in which minor is lawfully engaged.

(d)

Infraction—Penalty. A violation of the daytime restrictions shall constitute an infraction punishable by a fine not to exceed six hundred seventy-five dollars; or in lieu of a fine, court-approved community service hours ranging from seventy-five to two hundred fifty hours; or parent counselling for a period of thirteen weeks at two hours per week; or directed to the probation office from six months up to one year dependent upon the minor's criminal record.

(e)

Hearing Requirement—Parental Obligation to Attend. A minor cited for an infraction under this section must attend a juvenile court hearing on the infraction and must be accompanied at the hearing by his or her parent(s) or guardian(s). If the minor fails to attend the hearing, a bench warrant will be issued. If any such parent(s) or guardian(s) fail(s) to attend the hearing, the court may continue the hearing and issue a citation to said parental or custodial person(s) directing such person(s) to appear at the continued hearing with the minor or may impose such penalty upon said parent(s) or guardian(s) including contempt of court, or may impose such penalties on said minor as authorized in this section.

(f)

Penalty May Be Set Aside for First Infraction. The court may set aside the fine imposed by this section, or any portion thereof, if the fine is based on the minor's first infraction under this section and provided the minor produces proof satisfactory to the court that the following has occurred during the period between the initial hearing on the infraction and any subsequent hearing set by the court:

(1)

The minor has had no unexcused absences from school; and

(2)

The minor has performed ten hours of court-approved community service during times other than said minor's hours of school attendance; or

(3)

The minor's parent(s) or legal guardian(s) has or have attended a parenting class or a series of parenting classes approved by the court.

(g)

Severability. If any provision of the ordinance codified in this section or the application to any person or circumstances is held invalid by order of court, the remainder of this section or the application of such provision to other persons or other circumstances shall not be affected.

(Ord. 525 § 1, 1997).