Delano Municipal Code Ch. 9.54 Daytime Curfew

It is the purpose of this chapter to reduce the incidence of crimes committed during the daytime; to reduce losses due to daytime juvenile crime; to reduce the incidents involving the victimization of juveniles; to encourage juveniles to take advantage of educational opportunities; to reduce truancy; and to develop a program to keep juveniles out of the formal Juvenile Justice System.

(Ord. 2008-1177 § 1(part), 2008).

The following terms are as defined for the meaning and intent of this chapter.

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

"Police officer" is synonymous with the term officer, peace officer, law enforcement officer, etc.

"Private residence" means a house, apartment, duplex, etc., which is rented or owned by a private person for habitation, but not that of said minor.

"Public place" means any place, business, structure, etc., which is open to the public.

"Responsible adult" means such person eighteen years or older who has been given the responsibility of care and custody of the minor by said minor's parent or legal guardian.

(Ord. 2008-1177 § 1(part), 2008).

Any violation of this chapter is an infraction and will be processed and adjudicated as prescribed in Sections 9.54.040 and 9.54.080.

(Ord. 2008-1177 § 1(part), 2008).

Notwithstanding any other provision of this Code, when a person under the age of eighteen years is charged with a violation of Section 9.54.050, and a peace officer issues a notice to the minor or the minor's parent or legal guardian to appear in court, the charge will be prosecuted as an infraction. If the issuing officer determines that there has been repeated violations and the minor is determined to fall under the provisions of Section 601 or 602 of the Welfare and Institutions Code, then a petition to the Juvenile Court may be filed. The court, as prescribed in Section 9.54.050, shall set the amount of the fine and/or community service to be imposed. The minor will be issued a citation to appear before the Juvenile Traffic Court Hearing Officer as prescribed in 256 of the Welfare and Institution Code.

(Ord. 2008-1177 § 1(part), 2008).

It is unlawful for any person under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education pursuant to Sections 48200 and 48410 of the Education Code, to be present upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised public place, or in a private residence without the permission of the owner or said minor's parent, legal guardian, or responsible adult having care and custody of said minor, between the hours of eight a.m. and two-thirty p.m., Monday through Friday, at time when such person's school is in session. Students enrolled in the continuation education program and/or independent study program are subject to this chapter as prescribed by their educational contract.

This section does not apply to the following:

A. When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor;

B. When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care of custody of the minor;

C. When the minor is going or coming directly from or to their place of gainful employment or to or from a medical appointment;

D. To students who have permission to leave a school campus for lunch or school-related activity and have in their possession a valid, school issued, off-campus permit as prescribed by school district policy;

E. When the minor is exempt by law from compulsory education or compulsory continuation education;

F. When the minor is authorized to be absent from his or her school pursuant to the provisions of Cal. Ed. Code 48205, or 48410, or any other applicable state or federal law; or

G. When the minor is attending or, without detour or stop, going to or returning from a school, religious, government-sponsored activity, or other recreational activity supervised by adults.

(Ord. 2008-1177 § 1(part), 2008).

A. Any peace officer as defined in Penal Code Section 830.1 et al and as defined in this Code, that encounters a minor who may be in violation will take reasonable steps necessary, under the circumstances, to investigate whether a violation is occurring or not. Such steps may be, but are not limited too, telephoning the parent and/or responsible adult, contacting the minor's school, or contacting any responsible individual who would be able to account for the minor's presence and status.

B. The detention will only be what is necessary to carryout a reasonable investigation to determine if a violation of this Code is occurring.

C. If there is a violation of this Code, the officer will issue the minor a citation and will transport said minor to the appropriate school site or to a parent, legal guardian, or responsible adult who has care and custody of said minor. (Ed. Code 48265)

D. The police officer will then comply with Ed. Code 48266 as prescribed.

(Ord. 2008-1177 § 1(part), 2008).

A. Determination by Court. When a person is under eighteen years of age and is detained for a period of time in excess of one hour, and said detention required the supervision of the juvenile offender by a Delano police department employee(s), the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by said department and may be assessed the cost thereof by the court if such detention results in civil finding or criminal conviction of violation of Section 9.54.050, pursuant to Cal. Welfare and Institutions Code 625.5, or 602. Said assessment shall be payable to the City of Delano.

(Ord. 2008-1177 § 1(part), 2008).

Upon finding the guilt by the Juvenile Court the penalty for any violation of Section 9.54.050 is punishable by a fine, not to exceed five hundred dollars, or community service, or both.

Community service will be determined and supervised by the chief of police or his or her designee, and at a location approved by the chief of police.

(Ord. 2008-1177 § 1(part), 2008).