Banning Municipal Code Ch. 9.24 Curfew

A. Recitals.

Whereas, there has recently been a significant increase in the incidence of graffiti and other forms of vandalism occurring in certain areas of the city and involving certain types of real property; and

Whereas, it has been determined that a significant portion of such increase is due to the activities of persons under the age of eighteen years between the hours of 10:00 P.M. and sunrise of the following day; and

Whereas, it is recognized that such activity is engaged in by only a small number of the persons in such age group and that the vast majority of such persons routinely go about their business in a lawful manner; and

Whereas, it is the determination of the city council that it is nevertheless necessary to restrict the activities of such persons in a limited manner in order to minimize the opportunities for the minority engaged in such violations to commit further action of graffiti and vandalism.

Now, therefore, the city council of the City of Banning adopts the restrictions and exceptions set forth in this section.

B. Restrictions. Except as otherwise set forth in this section, between the hours of 10:00 P.M. and sunrise, no person under the age of eighteen years shall loiter, idle, wander, stroll or play in or about:

1. The public streets, avenues, alleys, parks or public places of the city in the downtown commercial zone, limited commercial zone, general commercial zone, commercial manufacturing zone or manufacturing zone;

2. The public streets, avenues, alleys, parks or public places adjacent to any school building, adjacent to any unoccupied structure or adjacent to any location where graffiti appears.

C. Exceptions. The above-listed restrictions shall not apply to persons engaged in the following listed activities:

1. Any person under the age of eighteen years accompanied by a legal guardian, parent or other person at least five years older than such minor charged with the care and custody of the minor;

2. Any person under the age of eighteen who is traveling between his home or place of residence and the place where any approved place of employment, church, municipal or school function is being held.

D. Penalties. Any person found to be in violation of this section shall be subject to the maximum penalties permitted under California Welfare and Institutions Code Section 601.

(Code 1965, § 14-7.)

A. The Banning city council finds, determines and declares that this section has been enacted based upon the following findings:

1. School absenteeism is a problem that plagues our schools and creates a burden for all communities throughout the city.

2. Students who are absent from school without valid excuses are deprived of a formal education.

3. The unexcused absences of students from school result in loss of state and federal funding to the detriment of all students.

4. Truants involve themselves in risky activities by congregating in residences from which the supervising adults are absent, and loitering in residential neighborhoods, business districts, shopping centers and malls.

5. Truants are a significant portion of the persons who engage in residential burglaries, auto thefts, bicycle thefts, vandalism and other visible signs of disorder.

6. Truants become a burden on public safety resources because the police must return them to school, contact their parents or guardians and wait for them to take custody of them, and investigate any and all violations of law related to a student's truancy.

7. The City of Banning has a compelling interest in protecting the public from juveniles who fail to prepare themselves for a proper role in society by regularly attending school, whether public or other, and who commit crimes. Towards this end, the City of Banning has a compelling interest in increasing parental control of and responsibility for the city's children.

B. Definitions for Truancy Provisions.

1. "Truancy hours" means the period of the day when the school the minor would normally attend is in session, on days when the school the minor would normally attend is in session.

2. "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to fire, natural disaster, automobile accident, medical emergency or any situation requiring immediate action to prevent serious bodily injury or loss of life.

3. "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.

4. "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 which the court has placed a minor.

5. "Minor" means any person under eighteen years of age.

6. "Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person.

7. "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.

8. "Responsible adult" means a person at least eighteen years of age, authorized by a parent or guardian to have the care and custody of a minor.

9. "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

10. "School Campus" means the educational facility that the minor should be attending based on assignment by the proper school authorities.

C. Truancy Restrictions.

1. It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education to be present in any public place or on the premises of any establishment within the City of Banning during truancy hours.

2. It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the city during truancy hours.

3. It is a defense to prosecution under subsection (C)(1) or (C)(2) of this section that the minor was:

a. Accompanied by a parent, guardian, or responsible adult;

b. Involved in an emergency;

c. Going to or returning from a medical appointment without any detour or stop;

d. Engaged in, going to or returning home from an employment activity without any detour or stop;

e. In possession of valid proof that the minor is a student who has permission to leave the school

f. In possession of valid proof that the minor is being schooled in a program at a location other than the public school campus pursuant to the approval of the proper school authorities and that the minor is not in violation of the attendance requirements of such program.

D. Enforcement.

1. Before taking any enforcement action under this section, a law enforcement officer shall ask the apparent offender's age and a reason for being in the public place or on the premises of the establishment during truancy hours. 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 no defense under subsection (C)(3) is present or applicable.

2. Each violation of this section shall constitute a separate offense. Any person who violates any of the provisions of subsection (C) of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. The violation may also be enforced as an infraction punishable by a fine not exceeding two hundred and fifty dollars. Minors shall be dealt with in accordance with juvenile court law and procedure.

(Code 1965, § 14-8.)

The provisions of Section 9.24.010 shall not be construed so as to restrain a minor child under the age of eighteen years from performing necessary errands or duties directed by his parent, guardian or other person having legal custody or care of such child, or whose employment makes it necessary for him to be on the streets, avenues, alleys, parks or public places of the city or when returning from a supervised amusement house, theater, dance, supervised school function or other social affair, if permission to attend such function has been previously granted by a parent, guardian or other person having legal custody or care of such minor child.

(Code 1965, § 14-10.)