Duarte Municipal Code Ch. 9.56 Minors—loitering and Curfew

No person under the age of eighteen years shall 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 unsupervised place between the hours of ten p.m. on any day and sunrise of the immediately following day; provided however, that the provisions of this section shall not apply when:

(a) Such person is accompanied by his or her parent or parents, legal guardian or other adult of at least eighteen years of age having the legal care or custody of such person, or by his or her spouse eighteen years of age or older;

(b) Such person is conducting an errand and is traveling directly en route to or from a specific place or location in the conduct of such errand as directed by his or her parent or parents or legal guardian or other adult of at least eighteen years of age having the legal care or custody of such person, or by his or her spouse eighteen years of age or older;

(c) Such person is directly en route to or from his or her home to or from a public meeting, or a place of public entertainment, such as a movie, play, sporting event, dance or school activity; or is directly en route from one public meeting or place of public entertainment; or is directly en route to or from the home of another person to or from his or her own home.

(d) The presence of such person in said place or places is connected with or required with respect to a business, trade, profession or occupation in which said person is lawfully engaged.

(Ord. 652 § 1, 1989: Ord. 12 § 1, 1957)

It is unlawful for any minor under the age of eighteen years who is subject to compulsory education or to compulsory continuation of education to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots, or any unsupervised place during the hours of eight-thirty a.m. and one-thirty p.m. on days when school is in session. This section does not apply:

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

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

(c) When the minor is going or coming directly from or to his or her place of gainful employment, or to or from a medical appointment; or

(d) To students who have permission to leave school campus for lunch or school-related activity and have in their possession a valid, school-issued, off-campus permit.

(Ord. 720 § 3, 1995: Ord. 12 § 2, 1957)

(a) Determination by Court. When, based on a finding of civil liability or criminal conviction for violations of curfew, daytime loitering (truancy), or wilful misconduct in violation of Welfare and Institutions Code Section 602, a minor under eighteen years of age is detained for a period of time in excess of one hour, and said detention required the supervision of the juvenile offender by law enforcement 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.

(b) Determination by Director of Safety. As determined by the director of safety or his or her designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of wilful misconduct in violation of Welfare and Institutions Code Section 602 where police personnel provide services relating to the detention, processing or supervision of minors that are over and above the normal services usually provided by the law enforcement department, may be assessed and billed for the cost of providing such personnel for such services beyond those normally provided by said department.

(c) Appeal. Any person receiving a bill for law enforcement services pursuant to this chapter may, within fifteen days after the billing date, file a written request appealing the imposition of said charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the city manager, or his or her designee, as the hearing officer. Within ten days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the city shall be paid within thirty days after notice of the decision of the hearing officer.

(Ord. 720 § 4, 1995)