Benicia Municipal Code Art. II Daytime Curfew

State law requires all persons between the ages of six and 18 to attend school. Regular school attendance provides important benefits not only to the students themselves but also to the health, safety, and welfare of all residents within the city. Regular school attendance promotes employability upon graduation and reduces delinquency as well as the potential for future dependence upon public assistance.

The community as a whole suffers when a minor student is not attending school. Truancy or unexcused absenteeism from school results in a loss of educational opportunities to the student and a loss of revenue to the school. Truancy also often leads to vandalism, petty theft, daytime burglaries, and other criminal activity. Truants often tend to loiter in and about public places; frequently, persons going about their lawful business as well as public property become targets of the delinquent behaviors of truants when they should be in school. This is not intended to abridge or interfere with the lawful rights of parents or legal guardians or to contravene or supersede the laws of the state of California dealing with such matters.

This article is intended to assist with the policing of public places in the city during specified daytime hours and the prevention of crimes by and against minors during those hours. It is not intended to interfere with the enforcement of state laws regulating truancy or with the school district's truancy programs. This article is intended to provide the city with an additional proactive intervention tool to protect youth.

(Ord. 08-17 § 1)

For the purpose of this article, the following terms shall be defined as follows:

A.

"Curfew hours"

shall mean the period of the minor's regular scheduled school time on school days.

B.

"Emergency"

shall mean any unforeseen combination of circumstances or a situation that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident, explosion, or any condition requiring immediate action to prevent serious bodily injury or loss of life.

C.

"Establishment"

shall mean any privately owned place of business operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment.

D.

"Guardian"

shall mean:

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

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

E.

"Loiter"

shall mean to delay an activity, errand, or journey with aimless idle stops and purposeless distractions, to remain in a place in an idle manner, to hang around aimlessly or without real necessity.

F.

"Minor"

shall mean any person under 18 years of age.

G.

"Operator"

shall mean any individual, firm, association, partnership or corporation operating, managing or conducting any establishment.

H.

"Parent"

shall mean a person who is a natural parent, adoptive parent or step-parent of a minor.

I.

"Public place"

shall mean 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.

J.

"Remain"

shall mean:

To stay behind while others withdraw, to tarry, to stay; or

To fail to leave the premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises.

K.

"Responsible adult"

shall mean a person at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

L.

"Serious bodily injury"

shall mean 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.

(Ord. 08-17 § 1)

It is unlawful for any minor subject to compulsory full-time education or to compulsory continuation education to be found away from his or her home during the minor's regular scheduled school time when absent from school within the city without lawful defense as defined herein in BMC § 9.28.100.

(Ord. 08-17 § 1)

A. When the minor is accompanied by his or her parent, guardian, or other adult person having care or custody of the minor.

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.

C. When the minor is going or coming directly to or from his or her place of gainful employment or to or from a medical, dental or other health care appointment.

D. When the minor has permission to leave for lunch or school-related activity.

E. When the minor is going or coming directly to or from a school-approved or school-related business, trade, profession, occupation or program in which the minor is lawfully engaged, such as a work study or work experience program, subject to verification by a proper school authority.

F. When the minor is exempt by law from compulsory education or compulsory continued education.

G. When the minor is authorized to be absent from his or her school under the provisions of California Education Code Section 48205, or any applicable state or federal law.

H. When the minor is going directly to or from an event or activity that is directly related to any medical condition of a parent or other adult person having the care and custody of the minor.

I. Exercising First Amendment rights protected by the United States Constitution, or going to or returning home from, without any detour or stop, such as the free exercise of religion, freedom of speech and the right of assembly.

J. Traveling from an activity listed in this section to another activity listed in this section, without any detour or stop.

(Ord. 08-17 § 1; Ord. 11-01 §§ 3, 4)

Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this article unless the officer reasonably believes that an offense has occurred and, based upon the minor's response(s) and other circumstances, no defense under BMC § 9.28.100 appears present or applicable.

(Ord. 08-17 § 1)

Any person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed or continued. Any person who violates the offenses described in this article shall be guilty of an infraction.

The fine for this violation shall be $50.00 for the first offense, $100.00 for the second offense within one calendar year of the first offense, and $200.00 for the third and consecutive offense(s) within one year from the second offense. In lieu of paying the fine, first-time offenders who are eligible for the city's diversion program may provide community service through the diversion program.

(Ord. 08-17 § 1)