Coalinga Municipal Code Art. 2 Daytime Juvenile Curfew

This Article 2 shall be known as the Coalinga Daytime Juvenile Curfew Law. Unless the context clearly indicates otherwise, the terms used in this article will be defined as follows:

"Minor:" Any person under eighteen (18) years of age.

"Public place:" As defined in Section 5-10.01.

"Compulsory education" or "compulsory continuing education:" As defined in the California Education Code section 48200, et seq.

(Ord. No. 756, § 1, eff. 4-18-2010)

It is unlawful for any minor, who is subject to compulsory education or compulsory continuing education, to loiter, idle, wander, stroll or aimlessly drive or ride about in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot or abandoned or vacant building during the regular hours of the said minor's school day on days when the minor's school is in session.

The provisions of this subsection do not apply when:

(a) The minor's school has an open campus lunch; or

(b) When the minor is accompanied by his parent, guardian or other adult person authorized by a parent or guardian to have the care and custody of the person; or

(c) When the minor is upon an errand directed by his parent, legal guardian or other adult person having the legal care or custody of the minor; or

(d) The minor has in his possession a written excuse from his parent, legal guardian or other adult person having the legal care or custody of the minor; or

(e) When the minor is involved in an emergency; or

(f) The minor has written permission to leave campus and has in his possession a valid, school issued off campus permit; or

(g) The minor is going directly to or returning from a place where the minor is gainfully employed, to or from the place where the minor has a medical appointment or to or from the place of a public meeting, public entertainment such as a movie, play, sporting event, dance or school activity, provided that such meeting, event or activity is a school approved activity for the minor or is otherwise supervised by school personnel or the minor's school; or

(h) The minor is receiving instruction by a qualified tutor pursuant to Education Code section 48224, or is otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code; or

(i) The presence of such minor in said place or places is connected with, or required with respect to, a business, trade, profession or occupation in which the minor is lawfully engaged; or

(j) The minor is lawfully exercising First Amendment rights protected by the United States Constitution; or

(k) The minor is emancipated pursuant to law.

(Ord. No. 756, § 1, eff. 4-18-2010)

Before taking any enforcement action under this article, a law enforcement officer shall ask the apparent offender's age and reason for being present in a "public place", as defined in this article, during curfew hours. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that a violation of Section 5-10.06 has occurred and that, based on the apparent offender's responses, no exemption under that section is applicable.

(Ord. No. 756, § 1, eff. 4-18-2010)

A minor who is found in a public place in violation of Section 5-10.06 shall be guilty of a misdemeanor.

(Ord. No. 756, § 1, eff. 4-18-2010)

Notwithstanding the provisions of this article, the court may set aside the fine imposed by this article, or any portion thereof, if the fine is based on a minor's first violation under this article and provided the minor produces proof satisfactory to the court that the following has occurred during the period between the time the minor was issued the citation and any hearings set by the court:

(a) The minor has had no unexcused absences from school; and

(b) As directed by the court, the minor has performed ten (10) hours of court-approved community service during the times other than said minor's hours of school attendance.

(Ord. No. 756, § 1, eff. 4-18-2010)

Every parent, guardian, or other person having legal care, custody or control of any minor who intentionally causes or encourages such person in, or with criminal negligence fails to restrain such person from violating any provision of this daytime curfew is guilty of a misdemeanor.

(Ord. No. 756, § 1, eff. 4-18-2010)

The provisions of this Chapter 10 do not supercede or replace the truancy or other laws of the State requiring compulsory school attendance of all minors.

(Ord. No. 756, § 1, eff. 4-18-2010)