Blythe Municipal Code Ch. 9.73 Curfew and Truancy of Minors Ordinance

This chapter shall be known as the "Curfew and Truancy of Minors Ordinance" and may be so cited.

(Ord. No. 843, § 1, 2-9-10)

It is the purpose and intent of this chapter to protect minors, who due to their immature age and limited experience, are particularly vulnerable to falling victim to crime and/or being influenced to participate in delinquent behavior. These regulations are intended to prohibit any minor from loitering at inappropriate times in public places or on the premises of any establishment, subject to the exemptions and pursuant to the terms of this chapter.

(Ord. No. 843, § 1, 2-9-10)

The terms as used in this chapter or in any resolution or standard adopted by the city council pursuant to this chapter shall have the following meanings:

"Curfew hours" means the period from ten p.m. until six a.m. the following day.

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

"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.

"Guardian" means:

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

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

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

"Parent" means:

1. A person who is a minor's biological, adoptive, or step-parent and who has legal custody of a minor, including either parent, if custody is shared under a court order or agreement;

2. A person who is the biological, adoptive, or step-parent with whom a minor regularly resides; and/or

3. A person eighteen years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in subsection(s) 1 or 2 of this definition, above, for the person to assume the care or physical custody of the child, or as indicated by any other circumstances).

"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.

"Responsible adult" means a person at least eighteen years of age, authorized by a parent or guardian to have care and custody of a minor, including, but not limited to, a babysitter, nanny, relative, coach, teacher or tutor.

"School administrator" means any person employed by a public or private school or school district who typically serves in the capacity and title of principal, assistant principal, or his or her designee, who has the authority to permit students to leave the school campus during school hours, excuse absences and discipline students.

"School hours" means the period between seven-thirty a.m. and two-thirty p.m. on any day when school is in session.

"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.

(Ord. No. 843, § 1, 2-9-10)

A. It is unlawful for any minor to be present in any public place or on the premises of any establishment within the city during curfew hours.

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

(Ord. No. 843, § 1, 2-9-10)

It is a defense to prosecution under Section 9.73.040 that the minor was:

A. Accompanied by the minor's parent or guardian or by a responsible adult;

B. On an errand, without any detour or stop, at the direction of, and with confirmation from, the minor's parent or guardian;

C. In a motor vehicle involved in interstate travel;

D. Engaged in a legitimate employment activity, or going to or returning home from a legitimate employment activity, without any detour or stop;

E. Involved in an emergency or actively seeking medical assistance due to an emergency;

F. In the right-of-way abutting the minor's residence which is lawfully owned, occupied, or possessed by the minor, the minor's parent(s) or guardian(s);

G. Engaged in or going directly to or returning directly from an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

H. Engaged in, or going directly to or returning directly from, any other lawful activity with confirmation from the minor's parent or guardian;

I. Exercising First Amendment rights protected by the United States Constitution; or

J. Emancipated pursuant to California Family Code Section 7000 et seq.

(Ord. No. 843, § 1, 2-9-10)

A. 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 during school hours on days when the minor's school is in session. This provision shall also apply to minors whose enrollment status is that of suspension, expulsion, or transfers in progress.

B. It is unlawful for any parent or guardian of a minor to knowingly 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 school hours on days when the minor's school is in session.

(Ord. No. 843, § 1, 2-9-10)

It is a defense to prosecution under Section 9.73.060 that the minor was:

A. Accompanied by the minor's parent or guardian or by a responsible adult;

B. Involved in an emergency or actively seeking medical assistance due to an emergency;

C. Engaged in a legitimate employment activity, or going to or returning home from a legitimate employment activity, with a valid school work permit;

D. Engaged in, going directly to, or returning directly from a medical appointment for the minor or the minor's parent or guardian; and can show proof of that appointment;

E. Authorized to spend the lunch period off campus and possesses a valid, school-issued off campus permit; and has conformed to all the conditions and restrictions of the lunch pass;

F. Absent from school as a result of the minor's school, either on a particular day or as a matter of routine, having a start time after seven-thirty a.m. or a dismissal time prior to two-thirty p.m., or the student has an abbreviated school schedule which allows the student to start later or be dismissed earlier than the standard start or dismissal time;

G. Authorized to engage in a school-sponsored event or activity, or going directly to or returning directly from an official school sponsored event or activity, such as a sporting event, field trip, or other such school activity;

H. Absent with the prior authorization of a school administrator;

I. Exercising First Amendment rights protected by the United States Constitution;

J. Receiving instruction by a qualified tutor pursuant to California Education Code Section 48224, or is receiving home or private school instruction pursuant to California Education Code Section 48222, and is current in his or her assignments and studies;

K. Authorized to be absent from school pursuant to the provisions of California Education Code Section 48205, or any other applicable state or federal law; or

L. Emancipated pursuant to California Family Code Section 7000 et seq.

(Ord. No. 843, § 1, 2-9-10)

A. Before taking any enforcement action under this section a police officer shall ask the minor's age and reason for being in the public place, establishment or other location covered under this section during curfew hours or school 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, based on any responses and other circumstances, no defense under this section is applicable.

B. Power of Law Enforcement Officers. Nothing in this chapter shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this section not been enacted.

(Ord. No. 843, § 1, 2-9-10)

Each violation of the provisions set forth in this chapter shall constitute a separate offense and shall be treated as an infraction pursuant to the provisions of Blythe Municipal Code Section 1.24.040.

(Ord. No. 843, § 1, 2-9-10)

A. Any minor violating any provision of this chapter shall be punished in accordance with Blythe Municipal Code Section 1.24.030 and/or any other penalty provided by California Welfare and Institutions Code section 258.

B. 1.

A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;

3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

(Ord. No. 843, § 1, 2-9-10)

A. Any parent or guardian violating any of the provisions of this chapter shall be punished in accordance with Blythe Municipal Code Section 1.24.030.

B. 1.

A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;

3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

(Ord. No. 843, § 1, 2-9-10)