Desert Hot Springs Municipal Code Art. III Curfew and Truancy

This article shall be known as the City of Desert Hot Springs Curfew and Truancy Ordinance.

(Prior code § 131.25)

The words and phrases when used in this article shall have the meanings ascribed to them in this article:

“Curfew hours”

means the period from 10:00 p.m. any evening of the week, until 6:00 a.m. the following day.

“Emergency”

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

“Establishment”

means any privately owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment.

“Guardian”

means and includes the following:

A person who, under court order, is the guardian of the person of a minor; or

A public or private agency with whom a minor has been placed by the court.

“Minor”

means any person under 18 years of age.

“Parent”

means a person who is a natural parent, adoptive parent, or stepparent of another person.

“Public place”

means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

“Responsible adult”

means a person at least 18 years of age, authorized by a parent or guardian to have the care and custody of a minor.

“Serious bodily injury”

means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(Prior code § 131.26)

It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City during curfew hours and for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City during curfew hours.

(Prior code § 131.27)

It is a defense to prosecution under Section 9.08.130 that the minor was:

A. Accompanied by the minor’s parent or guardian, or by a responsible adult;

B. On an errand at the direction of the minor’s parent or guardian, or the responsible adult, without any detour or stop;

C. In a motor vehicle involved in interstate travel;

D. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

E. Involved in an emergency;

F. On the sidewalk abutting the minor’s residence;

G. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, or another similar entity that takes responsibility for the minor;

H. Exercising First Amendment rights protected by the United States Constitution;

I. Emancipated pursuant to law; or

J. The minor’s parent has given the minor written permission to remain in a public place or establishment during the school hours.

(Prior code § 131.28)

Before taking any enforcement action under Section 9.08.130, a police officer shall ask the apparent offender’s age and reason for being in the public place or on the premises of the establishment during curfew hours. Upon the first violation of this article, the officer shall issue a warning citation to the minor. The officer shall not issue a citation or make an arrest under this article unless the police officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under Section 9.08.080 is present or applicable.

(Prior code § 131.29)

It is unlawful for any minor, who is subject to compulsory education or to compulsory continuation education pursuant to the California Education Code, to be present in any public place or on the premises of any establishment within the City during the hours of 7:30 a.m. and 2:10 p.m. or other hours as designated by the respective school district or school, on days when school is in session.

(Prior code § 131.30)

It is a defense to prosecution under Section 9.08.130 that the minor was:

A. Accompanied by the minor’s parent or guardian, or by a responsible adult;

B. On an errand at the direction of the minor’s parent or guardian, or the responsible adult, without any detour or stop;

C. In a motor vehicle involved in interstate travel;

D. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

E. Involved in an emergency;

F. Permitted to leave the school campus and has in his or her possession a validly issued off-campus permit;

G. Excused for a scheduled day off, holiday, vacation or illness;

H. Exercising any First Amendment rights protected by the United States Constitution;

I. Emancipated pursuant to law; or

J. The minor’s parent has given the minor written permission to remain in a public place or establishment during the school hours.

(Prior code § 131.31)

Before taking any enforcement action under Section 9.08.130, a police officer shall ask the apparent offender’s age and reason for not being in school during school hours. The officer shall not issue a citation or make an arrest under this article unless the police officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under Section 9.08.110 is present or applicable.

(Prior code § 131.32)

A. Any person violating the provisions of this article shall be guilty of a misdemeanor. Every parent, guardian, or responsible adult who knowingly aids, abets, or allows such minor to violate this chapter is guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure.

B. Any minor convicted of violating this chapter is punishable by:

1. A fine not exceeding $50 or ten hours community service for the first offense;

2. A fine not to exceed $75 or 15 hours community service for the second offense;

3. A fine not exceeding $100 or 20 hours community service for the third offense.

(Prior code § 131.33)

Each violation of this article shall constitute a separate offense.

(Prior code § 131.34)

Each time a juvenile is cited for violation of this article, the Police Department shall cause a notice of delinquency to be sent to the parents or guardian of such juvenile. Such notice shall include, among other things, a reference to the California Penal Code Section 272 regarding the provisions pertaining to contributing to the delinquency of a minor and shall include a space for the explanation of any circumstances relevant to an applicable exemption for any applicable fees. Such notice shall be signed and returned by the parent(s) or legal guardian(s). Where the juvenile has been cited for a first-time curfew violation pursuant to Sections 9.08.070 and 9.08.090 of this article, the parents or guardians shall further be notified that upon a second violation, the parents or guardians may be held liable for actual administrative and transportation costs.

(Prior code § 131.35)

A. Determination by the City Manager or Designee—Cost Recovery. As determined by the City Manager and/or his or her designee, for the second violation and every violation thereafter of the curfew provisions of this article that requires personnel of the Police Department provide services relating to the detention, processing, or supervision of such minor in excess of one hour, a fee for the actual costs of administrative and transportation service for the return of a minor to his or her place of residence, or to the custody of his or her parent(s) or guardian(s), may be charged jointly or severally to the minor, his or her parent(s) or guardian(s) in accordance with the California Welfare and Institutions Code Section 625.5.

B. Amount of Fee—Adjustment. The amount of the fee assessed pursuant to this article shall be determined by the City Manager or his or her designee. Such fee shall be subject to revision by the City Manager if upon review, he or she determines adjustment is necessary in order to permit the City to recover its actual costs.

C. Appeal of Fee. Any person receiving a bill for police services pursuant to this section may, within 15 days after the billing, file a written request appealing the imposition of such charge. Any billing sent pursuant to this section shall inform the billed party of the right to appeal the billing. Upon the filing of a request for appeal, payment of the bill shall not be required until notice of the decision of the City Manager, or designee. If this appeal is denied, in whole or in part, all amounts due pursuant thereto shall be paid to the City within 30 days after notice of the decision of the City Manager, or designee.

D. Appeal Hearing—Discretion to Waive Fee. Upon petition of the person required to pay the fee, the City Manager, or his or her designee, shall conduct a hearing as to the validity of the fees charged. The City Manager, or his or her designee, shall have the discretion to do either of the following:

1. Waive payment of the fee by the minor, his or her parent(s) or guardian(s), upon finding good cause;

2. Waive payment of the fee by the parent(s) or guardian(s), upon a determination that the person has made reasonable efforts to exercise supervision and control of the minor;

3. Waive payment of the fee by the parent(s) or guardian(s), upon a determination that the person has limited physical custody and control of the minor;

4. Waive payment of the fee upon a determination that neither the minor nor the parent(s) or guardian(s) has the ability to pay the fee; or

5. Provide for the performance of community service in lieu of imposition of the fee.

(Prior code § 131.36)

Notwithstanding any liability imposed under Section 9.08.130(A) of this chapter, the parent or guardian providing written consent under Section 9.08.080(J) or 9.08.110(J) of the Desert Hot Springs Municipal Code may be held liable for acts of the minor performed during school hours or curfew hours, as follows:

A. Civilly liable to the extent provided under State law, including, but not limited to, liability imposed by California Civil Code Section 1714.1 for any willful misconduct of the minor which results in injury or death to another person, or damage to the property of another; or

B. Criminally liable as a misdemeanor for any criminal act of a minor to the extent provided under State law.

(Prior code § 131.37)