Dinuba Municipal Code Art. II Daytime Curfew

A. Hours. It shall be unlawful for any minor under the age of eighteen years who is subject to compulsory education or to 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 between the hours of eight a.m. and three p.m. of the same day on days when the minor’s school is in session.

The provisions of this subsection do not apply when:

1. The minor is accompanied by his parent, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse, eighteen years of age or older; or

2. 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 by his or her spouse, eighteen years of age or older; or

3. 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 from his or her spouse eighteen years of age or older; or

4. The minor has written permission to leave campus and has in his possession a valid, school issued off-campus permit; or

5. The minor is going directly to or returning directly 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 of the minor’s school; or

6. 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

7. 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.

B. Parental Responsibility—Cost Recovery.

1. Determination by Court. When a court determines that a minor under eighteen years of age is subject to civil or criminal liability based on violation of the daytime curfew provided for in subsection (B)(3) of this section, “Parental Responsibility,” it may impose a judgment of civil liability on the parent or legal guardian of the minor rendering the parent or legal guardian jointly and severally liable for the cost of providing law enforcement personnel to supervise the minor during his detention, over and above the cost of services normally provided by the city law enforcement agency.

2. Determination by Chief of Police. When the chief of police or his designee determines that the city law enforcement agency has incurred costs over and above the cost of services normally provided by the agency in providing law enforcement personnel to supervise a minor during his detention for violation of the daytime curfew imposed by this section, and when it has been determined by a court that the minor was civilly or criminally liable for such misconduct, the parent or legal guardian of the minor may be assessed and billed for such additional costs.

3. Parental Responsibility. Every parent, guardian or other person having legal care, custody or control of any person under the age of eighteen years who intentionally causes or encourages such person in, or with criminal negligence fails to restrain such person from, violating any provision of this curfew is guilty of a misdemeanor.

C. Appeal. Any billing sent pursuant to subsection (B) of this section, “Parental Responsibility—Cost Recovery,” shall inform the billed party of the right to appeal said billing. Any person receiving a bill for law enforcement services pursuant to subsection (B) of this section may, within fifteen working days after the billing date, contest that there was a violation of this section, and request a hearing, pursuant to Section 1.18.080, “Appeal of administrative citation.” The hearing request form must be submitted with an advanced deposit, the full amount of the fine, which will be refunded if it is determined, after the hearing, that the person charged in the administrative citation was not the responsible person for the violation(s) or that there was no violation(s) as charged in the administrative citation.

D. The city of Dinuba police department shall have the primary responsibility for enforcing this section. The city of Dinuba expressly reserves its prosecutorial discretion to determine whether to prosecute and/or cite violations as an administrative citation, infraction, or misdemeanor. Nothing in this section shall prevent the city from engaging in efforts to obtain voluntary compliance by means of warnings, notices, or educational programs.

(Ord. 2023-10 § 2, 2023)