Avenal Municipal Code Ch. 16 Citation System for Juveniles

AND CURFEW VIOLATIONS AND COST RECOVERY Sections: 5-16.01 Intent. 5-16.02 Infractions, penalties, continuing violations. 5-16.03 Daytime loitering by minors. 5-16.04 Minor curfew, loitering or wilful misconduct—Cost recovery. 5-16.05 Aiding or abetting. 5-16.06 Penalty for violation. 5-16.07 Severability. 5-16.01 Intent. To encourage juveniles to take advantage of education opportunities, to reduce the incident of daytime burglary, reduce losses to daytime juvenile crime, and in reducing juvenile truancy to develop a program to keeping juveniles out of the juvenile justice system. (Ord. 95-13 § 1, 1995) 5-16.02 Infractions, penalties, continuing violations. Notwithstanding any other provision of this chapter, when a person under the age of eighteen (18) years is charged with a violation of this chapter and a peace officer issues a notice to that minor to appear in court, the charge shall be deemed an alternate misdemeanor/infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the Court. (Ord. 95-13 § 2, 1995) 5-16.03 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 appear in or 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 unsupervised place, whether in a vehicle or not, between the hours of 8:00 a.m. and 3:00 p.m., on days when 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 lawful 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 lawful 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

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 47 (d) To students who have permission to leave a school campus for lunch or school related activity and have in their possession a valid, school issued, off-campus permit. (Ord. 95-13 § 3, 1995; Ord. 2000-5, 2000) 5-16.04 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 hour, and such detention required the supervision of the juvenile offender by Avenal Police Department employee(s), the parent(s) or legal guardian(s) having custody or control of the 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 Avenal Police Department or City Manager. As determined by the Avenal Police Department or City Manager, or their designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of 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 Avenal Police Department, may be assessed and billed for the cost of providing such personnel for such services beyond those normally provided by such department. (c) Appeal. 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 the 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 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, the amounts due to the City shall be paid within thirty (30) days after notice of the decision of the hearing officer. (Ord. 95-13 § 4, 1995; Res. No. 2010-64, 10-28-2010) 5-16.05 Aiding or abetting. It is unlawful for any person to willfully or knowingly aid, abet or assist any minor in violating Section 5-16.03. (Ord. 95-13 § 5, 1995; Ord. 2004-03 (part), 2004) 5-16.06 Penalty for violation. Any parent, guardian, or other adult person having legal control or charge, permanent or temporary, of any minor person, who suffers or permits or lets, either willfully or negligently, such minor violate the provisions of this chapter, is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000.00). (Ord 2004-03 (part), 2004) 5-16.07 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 48 (Ord. 2004-03 (part), 2004)