Calexico Municipal Code Ch. 9.50 Daytime Loitering by Minors

The purpose of prohibiting daytime loitering of minors in public places on school days is to reduce the incidence of juvenile truancy that plagues our schools and creates a burden upon the health, safety and welfare of the community. Students who are absent from school are denied an education; unexcused absences result in a loss of state and federal funding to the detriment of all students; unsupervised students may involve themselves in unsafe activities by loitering in residential neighborhoods, business districts, or industrial centers; some unsupervised students may engage in criminal activity to the detriment of the community; further some unsupervised students may become a burden on police who must return them to school, wait for parents to pick them up, and investigate any and all criminal activity related to the students' truancy. As a result, therefore, the city council of the city of Calexico finds and determines that a special need exists for the adoption of a city ordinance to prohibit truancy of any minor person under the age of eighteen, who is subject to compulsory education or compulsory continuation education, with certain specific exceptions set forth herein. It is further the intent of the city council of the city of Calexico to provide appropriate criminal sanctions against any minor who violates the provisions of this chapter.

(Ord. No. 1075, § 1, 9-2-08)

A. It is unlawful for any minor who is under the age of eighteen and who is subject to compulsory education or to compulsory continuation education to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, or the premises of any establishment, vacant lots or any unsupervised place between the hours of eight-thirty a.m. and two p.m. on any day when school is in session for that minor.

B. This chapter does not apply:

1. When the minor's parent(s) accompany the minor;

2. When the minor is on an emergency errand directed by his or her parent(s);

3. When the minor is going to, or coming directly from, his or her place of gainful employment;

4. When the minor is going to or coming directly from a medical appointment;

5. To minors having permission to leave school campus for lunch or school-related activities;

6. To minors currently enrolled in an independent study program or home schooling; or

7. To minors awarded with a high school diploma or a high school equivalency certificate.

(Ord. No. 1075, § 1, 9-2-08)

Any person who violates this chapter is guilty of an infraction and, upon conviction thereof, is punishable by a fine not to exceed one hundred fifty dollars, plus court costs, and/or by requirement that the minor perform county, city, school-approved work projects, community service, or both, in the discretion of the court. Upon violation of Section 9.50.020(A), public safety personnel may issue a citation to the minor. In addition, public safety personnel may detain the minor until the minor's parent(s) retrieve the minor from custody and/or public safety personnel may transport the minor to his or her home or school.

(Ord. No. 1075, § 1, 9-2-08)

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.

(Ord. No. 1075, § 1, 9-2-08)