Chino Municipal Code Ch. 9.80 Juvenile Loitering and Curfew Violations

Footnotes:

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Prior history: Prior code § 16-3.

The city council of the city of Chino finds and declares that the provisions of this chapter are enacted for the following reasons:

A. The Chino community suffers a loss when a minor of our community is not attending school. The minor loses educational opportunities and the school's financial resources are reduced.

B. The restlessness of truant minors often leads to vandalism, petty theft, burglary and the attraction of truants from other communities into Chino creating additional problems and influencing others in a manner unacceptable to the general norm.

C. It has been shown that comprehensive programs established as a low-cost alterative to the juvenile justice system can result in a reduction of juvenile crime and return truant minors to school.

D. To encourage minors to take advantage of educational opportunities, to reduce the incident of daytime burglary, and to reduce losses due to daytime juvenile crime. The city council of the city of Chino establishes this program to keep minors in school and out of the juvenile justice system.

(Ord. 95-10 § 1 (part), 1995.)

For purposes of this chapter, the following definitions shall apply:

"Law enforcement officer" means a police officer, code enforcement officer, the director of community services, parks, and recreation or the director's designee.

"Minor" is any unemancipated person under the age of eighteen.

"Parent" is any person having legal custody of a minor: (1) as a natural or adoptive parent, (2) as a legal guardian, (3) as a person who stands in loco parentis, or (4) as a person to whom legal or physical custody has been given by court order.

"Public place" means any place to which the public or a substantial group of persons have access and includes, but is not limited to, common areas of schools, shopping centers, parking lots, parks, playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades and similar areas that are open to the use of the public.

"Public street" means a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. "Street" includes, but is not limited to, alleys, the cartway of traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street.

(Ord. 95-24 § 1 (part), 1995.)

(Ord. No. 2023-016, § 12, 2023.)

A. It is unlawful for any minor who is subject to compulsory education or compulsory continuing education to loiter, wander or in any other manner be in or upon the public streets, or any public place during the hours in which classes are held at the school, public or private, which the minor is or should be currently enrolled in, and/or is required to attend. .

B. The prohibition herein shall not apply whenever:

1. The minor is accompanied by his or her parent; or

2. The minor is accompanied by an adult authorized by his or her parent, for a designated period of time and purpose within a specified area; or

3. The minor is on an emergency errand directed by his or her parent; or

4. The minor is traveling directly to or from a medical appointment or place of gainful employment; or

5. The minor has permission to leave the school campus for lunch or a school-related activity and has in his or her possession a valid, school-issued, permit to leave the school campus for a designated period of time and purpose within a designated area; or

6. The minor is enrolled in an alterative education, home school, or other such program of study and possesses verifiable permission from the officials of such alterative education program, school, or his or her parents to be absent from the premises during the time that such program is in session; or

7. The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, provided the minor or the minor's parent has first delivered to the chief of police, or the chief's designee, a written communication, signed by the minor and counter-signed by a parent of the minor with their home address and telephone number, specifying when, where and in what manner the minor will be in a public place during hours when this chapter is applicable to said minor in the exercise of a First Amendment right specified in such communication; or

8. The minor is in his or her residence or sidewalk thereof, and the adult owner or resident of that property has given permission for the minor to be there; or

9. The minor is, with parental consent, engaged in normal inter-state travel through the city or originating or terminating in the city.

(Ord. 2000-17 § 1, 2001; (Ord. 95-24 § 1 (part), 1995.)

A. It is unlawful for any minor to loiter, idle, wander or in any other manner be in or upon the public streets, or any other public place between the hours of 10:00 p.m. and sunrise the following day.

B. The prohibition herein shall not apply whenever:

1. The minor is accompanied by his or her parent; or

2. The minor is accompanied by an adult authorized by his or her parent, for a designated period of time and purpose within a specified area; or

3. The minor is on an emergency errand directed by his or her parent; or

4. The minor is traveling directly to or from a medical appointment or place of gainful employment; or

5. The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, provided the minor or the minor's parent has first delivered to the chief of police, or the chief's designee, a written communication, signed by the minor and counter-signed by a parent of the minor with their home address and telephone number, specifying when, where and in what manner the minor will be in a public place during hours when this chapter is applicable to said minor in the exercise of a First Amendment right specified in such communication; or

6. The minor is in his or her residence or sidewalk thereof, and the adult owner or resident of that property has given permission for the minor to be there; or

7. The minor is returning home by a direct route (without any unnecessary detour or stop) from and within one hour of termination of a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event. If the event is not commercial in nature or does not have a fixed, publicly known time at which it will or does end, the sponsoring organization must register the event with the chief of police (or the chief's assigned representative), at least twenty-four hours in advance, informing the police department of the time the such event is scheduled to begin, the place at which it shall be held, the time at which it shall end, and the name of the sponsoring organization; or

8. The minor is, with parental consent, engaged in normal inter-state travel through the city or originating or terminating in the city; or

9. The minor possesses a curfew permit pursuant to Section 9.80.050 herein; or

10. The minor is authorized by regulation issued by the chief of police as provided in Section 9.80.060 herein.

(Ord. 95-24 § 1 (part), 1995.)

A. The chief of police, or the chief's designee, may issue a curfew permit when necessary night-time activities of a minor may be inadequately provided for by other provisions of this chapter.

B. The chief of police, or the chief's designee shall make findings of reasonable necessity for the use of a public place to the extent warranted by a written application signed by a minor and by a parent of the minor, if feasible, at such hours as in the opinion of the chief of police may reasonably be necessary for the minor's safety or the exercise of the minor' s First Amendment rights.

C. The application for a curfew permit shall state all of the following:

1. The name, age and address of the minor;

2. The name, address and telephone number of a minor's parent;

3. The height, weight, sex, color of eyes and hair or other physical characteristics of the minor;

4. The necessity that requires the minor to remain upon a public place during the curfew hours otherwise applicable;

5. The public place;

6. The beginning and ending time by date and hour.

(Ord. 95-24 § 1 (part), 1995.)

A. The chief of police may issue regulations in situations when reasonably necessary night-time activities of more minors than can readily be dealt with on an individual curfew permit basis may be inadequately provided for by other provisions of this chapter.

B. Regulations by the chief of police permitting the use of public places should be issued sufficiently in advance to permit appropriate publicity through news media and through other agencies such as the schools.

C. Regulations adopted pursuant to this section shall define the activity, the scope of the use of the public places permitted, the period of time involved not to extend more than one hour beyond the time for termination of the activities, and the reason for finding that the regulation is reasonably necessary and consistent with the purposes of this chapter.

(Ord. 95-24 § 1 (part), 1995.)

It is unlawful for a parent having custody of a minor to permit, or by inefficient control, to allow the minor to remain in any public street or any public place in violation of this chapter. It is the intent of the city council by this section to impose strict liability on parents for the acts of minors within their custody.

(Ord. 95-10 § 1 (part), 1995.)

A. Notwithstanding any other provision of this code, each violation of this chapter shall constitute a separate offense.

B. When a minor is charged with a violation of this chapter, and any peace officer issues a notice to appear in a juvenile traffic court of competent jurisdiction to such minor as a result thereof, the charge shall be deemed to be an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code.

C. Any person convicted of violating this chapter is guilty of an infraction punishable by fine pursuant to Section 1.12.010(B) of this code.

(Ord. 95-24 § 1 (part), 1995.)

Law enforcement officers are authorized to temporarily detain any minor upon a reasonable suspicion based on articulable facts that the minor is in violation of this chapter and to transport that minor to his or her school or place of permanent or temporary residence or to the custody of his or her parents.

(Ord. 95-24 § 1 (part), 1995.)

A. The chief of police shall notify the public of the adoption of this chapter by posting notices thereof in public places likely to notify the public, by issuing news releases to the all local newspapers and radio and television stations, by making public presentations and by notifying the principals of the schools serving children from the city of Chino.

B. The city council shall evaluate and update this chapter by requesting semi-annual reports from the chief of police regarding the enforcement and effectiveness of this chapter.

(Ord. 95-24 § 1 (part), 1995.)