4250.1. - DEFINITIONS.

(a)

For purposes of this Section, the term "loiter" shall be defined in accordance with the definitions adopted by the courts of the State of California.

(b)

For purposes of this Section, notwithstanding the fact that a person may be "loitering" as defined herein, it shall not be a violation of this Section if the person is exercising First Amendment rights protected by the United States Constitution.

(Added by Ord. 2076 adopted 9-16-97)

Before taking any enforcement action under this Section, a police officer shall ask the apparent offender's age and reason for being in the prohibited place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, the person is not exercising First Amendment rights protected by the United States Constitution.

(Added by Ord. 2076 adopted 9-16-97)

4251. • DAYTIME LOITERING BY MINORS.

It is unlawful for any minor under the age of eighteen (18) years, who is subject to compulsory education or to 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 8:30 a.m. and 1:30 p.m. on days when said minor'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 any minor who has permission to leave school campus for lunch or school related activity and has in his or her possession a valid, school issued, off-campus permit; or

(e)

When the minor is exempt by law from compulsory education or compulsory continuation education; or

(f)

When the minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, or any other applicable State or Federal law.

Subject to Arcadia Municipal Code Section 1200(a) according discretion to deem violation of this Section as an infraction, each violation of the provisions of this Section shall constitute a separate offense and shall be a misdemeanor.

(Added by Ord. 2046 adopted 4-2-96; amended by 2101 adopted 5-4-99)

4252. • MINOR CURFEW. LOITERING OR WILFUL MISCONDUCT—COST RECOVERY.

A.

Determination by Court. When, based on a finding of civil liability or criminal conviction for violations of curfew, daytime loitering (truancy) or wilful misconduct in violation of Welfare and Institutions Code Section 602, a minor under eighteen (18) years of age is detained for a period of time in excess of one (1) hour, and said detention required the supervision of the juvenile offender by Arcadia Police 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.

B.

Determination by Chief of Police. As determined by the Chief of Police or his designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act or wilful misconduct in violation of Welfare and Institutions Code Section 602 where police personnel provide services relating to the detention, processing or supervision of minors that are over and above the normal services usually provided by the Arcadia Police Department, may be assessed, and billed for, the cost of providing such personnel for such services beyond those normally provided by said department.

C.

Appeal. Any person receiving a bill for police services pursuant to this Section 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 designee, as the hearing officer. Within ten (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 thirty (30) days after notice of the decision of the hearing officer.

(Added by Ord. 2046 adopted 4-2-96)