Beaumont Municipal Code Ch. 9.22 Juvenile Daytime Loitering and Truancy

The City Council is concerned with the level of juvenile delinquency, juvenile graffiti activity, and juvenile crime in the City. The City Council finds that juveniles who are not exempt from compulsory education are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities, and to be victims of older perpetrators of crime during daytime hours. The City Council believes that having an enforceable daytime loitering and truancy ordinance for juveniles who are not exempt from compulsory education requirements is critical to preserving the public health, safety and welfare.

(Ord. No. 926, § 1, 2-19-08)

"Emergency" means the 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 or requirement for immediate medical care for another person.

"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.

"Juvenile" means any person under 18 years of age who is not emancipated pursuant to law.

"Parent" means a person who is the natural or adoptive parent of a person. The term includes a court appointed guardian or other person 18 years of age or older authorized by the parent, by a court order or by a court appointed guardian to have the care and custody of that juvenile.

"Public place" means any place to which the public has access and includes but is not limited to streets, highways, parks and the common areas of schools, hospitals, office buildings, transport facilities, shopping centers, and malls.

(Ord. No. 926, § 1, 2-19-08)

It is unlawful for any juvenile, who is subject to compulsory full-time education or to compulsory continuation education under state law, to remain in or upon any public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, or the premises of any establishment, vacant lots, or other place away from his or her place of residence, including any railway car, engine, truck or other vehicle without the consent of the owner or person rightfully in charge thereof during the hours and on days when the juvenile's school is in session. The provisions of this Section do not apply if:

A. The juvenile is accompanied by his or her parent, legal guardian or other adult having the care and custody of the juvenile; or

B. The juvenile is on an emergency errand directed by a parent, legal guardian or other adult having care and custody of the juvenile; or

C. The juvenile is going to or coming directly from his or her place of employment; or

D. The juvenile is going to or from a medical appointment; or

E. The juvenile is a student who has permission to leave the school campus for lunch or school related activity, and has in his or her possession a valid, school-issued, off-campus permit; or

F. The juvenile is going to or coming from a compulsory alternative education program activity; or

G. The juvenile is attending or, without any detour or stop, going to or returning form an official school, religious, government-sponsored activity, or other recreational activity supervised by adults; or

H. The juvenile is attending or, without any detour or stop, going to or returning from an event or activity directly related to the medical condition of the parent or legal guardian; or

I. The juvenile is officially enrolled in home schooling; or

J. The juvenile is exempt by law from compulsory education or compulsory continuation education; or

K. The juvenile 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.

(Ord. No. 926, § 1, 2-19-08)

It is unlawful for the parent or legal guardian of any juvenile to knowingly permit or, by insufficient control, to allow the juvenile to be in violation of Section 9.22.030 of this Chapter.

(Ord. No. 926, § 1, 2-19-08)

In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an administrative citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040.

Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six months in jail, or both.

(Ord. 997, 5-3-11)