Compton Municipal Code § 7-2 Minors — Loitering and Curfew

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1, 780, 856, 1401, 1417, 1681, 1970, 1982 and 1993.

[Ord. #2054, § 1]

The definitions set forth in this section shall govern the application and interpretation of this section.

a. EMERGENCY – Shall mean an unforeseen circumstance or circumstances or the resulting situation that calls for immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

b. ESTABLISHMENT – Shall mean any privately owned place of business to which the public is invited, including but not limited to any place of amusement, entertainment, or recreation.

c. GUARDIAN – Shall mean:

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 a court; or

3. A person who is at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

d. MINOR – Shall mean any person under 18 years of age.

e. PARENT – Shall mean a person who is a natural parent, adoptive parent, or stepparent of a minor.

f. PUBLIC PLACE – Shall mean:

1. Any out-of-door area to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, sidewalks, alleys, parks, playgrounds, or other public grounds; and

2. The out-of-doors common areas of establishments, including, but not limited to, entryways and parking lots.

g. SCHOOL – As used herein, shall mean and has reference to the actual school the minor is assigned to under the State of California Compulsory Education System or the school to which he or she should be assigned and otherwise attending pursuant to the State of California Compulsory Education System.

h. SERIOUS BODILY INJURY – Shall mean bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ.

[Ord. #2054, § 1]

It is unlawful for any minor under the age of 18 years to be in any public place within the City between the hours of 10:00 p.m. and 5:00 a.m. of the date immediately following, except as provided under Subsection 7-2.3.

[Ord. #2054, § 1]

A minor under the age of 18 years shall not be in violation of Subsection 7-2.2 if, at the time the minor was stopped by a peace officer, the minor was:

a. Accompanied by his or her parent, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse 18 years of age or older; or

b. On an errand directed by his or her parent or legal guardian or other adult person having legal care or custody of the minor, or by his or her spouse 18 years of age or older; or

c. Driving or riding in a motor vehicle or riding on public transportation; or

d. Engaged in a lawful volunteer or paid employment activity, or going to or returning home from a lawful volunteer or paid employment activity; or

e. In active military service of the United States; or

f. Acting in response to an emergency; or

g. On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence; or

h. Attending or going to or returning home from a school, religious, cultural, sports, amusement, entertainment, or recreation activity; or any organized rally, demonstration, meeting or similar activity; or

i. Waiting at a train or bus station for transportation; or

j. Emancipated in accordance with the California Family Code or other applicable state law.

[Ord. #2054, § 1]

It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or to compulsory continuation education to be in any public place within the City between the hours of 8:30 a.m. and 2:30 p.m. of the same day, on days when the minor's school is in session.

[Ord. #2054, § 1]

A minor under the age of 18 years shall not be in violation of Subsection 7-2.4 if, at the time the minor was stopped by a peace officer, the minor was/is:

a. Accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or

b. On an errand directed by his or her parent, guardian or other adult person having care or custody of the minor; or

c. Going to or coming directly from or to their place of lawful volunteer or paid employment activity or to or from a medical appointment; or

d. In possession of a valid, school issued, off-campus permit; giving permission to leave school campus for lunch or school related activity; or

e. In possession of a written excuse from his or her parent, guardian or other adult person having care or custody of the minor; or

f. Attending or going directly to or returning from a school, religious, cultural, sports, amusement, entertainment, or recreation activity; or any organized rally, demonstration, meeting or similar activity; provided such meeting, event or activity is a school-approved activity for the minor or is otherwise supervised by school personnel of the minor's school; or

g. Receiving instruction by a qualified tutor pursuant to California Education Code § 48224, or is otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code; or

h. During such time the minor is not required to be in school.

[Ord. #2054, § 1]

Nothing in this section shall be interpreted to preclude minors from being in a public place for the purpose of exercising the rights guaranteed by the United States Constitution and by the California Constitution, including the free exercise of religion, freedom of speech, the right of assembly, and the right to petition.

[Ord. #2054, § 1]

a. Before taking any enforcement action under this section, a peace officer shall ask the apparent offender's age and reason for being in the public place.

b. The peace officer shall not take enforcement action under this section unless the officer has probable cause to believe that neither Subsection 7-2.3, 7-2.5 or 7-2.6 applies.

c. Notwithstanding any other provision of this Code, when a person under the age of 18 years is charged with a violation of this Code, and a peace officer issues a notice to appear in Superior Court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under section 601 or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the Court.

[Ord. #2079, § 1]

a. The Truancy Program is for youth ages 6-18.

b. The enrollment fee of $25 is due within 48 hours of being referred by the juvenile court system.