El Cajon Municipal Code Ch. 9.82 Daytime Loitering by Minors

Unexcused absences of minor students from school result in students sacrificing their educational opportunities, decreasing state and federal funding, and, apparently, vandalism, petty theft, burglary, and/or other crimes. This chapter is intended to encourage minors' school attendance, to prevent loss of educational funds, and to reduce the incidence of crimes committed by minors.

(Ord. 4517, 1996)

The following definitions apply to this chapter:

"Adult"

is any person 18 years old or older.

"Emergency"

includes but is not limited to fire, natural disaster, automobile accident, or immediate medical care for another person.

"Minor"

is any person under 18 years old.

"Parent"

is a person who is the natural or adoptive parent of a minor. "Parent" includes court appointed guardians or other adult authorized by the minor's parent(s), by court order, or by a court appointed guardian to have care and custody of the minor.

"Public place"

is any place with public access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, office buildings, transport facilities, shopping centers, and malls.

(Ord. 4517, 1996)

A. It is unlawful for any minor who is subject to compulsory education, or to compulsory continuation education, to loiter on or in any public place between the hours of 7:00 a.m. and 2:30 p.m., Monday through Friday, at times when school is regularly in session for that minor.

B. This chapter does not apply:

1. When the minor's parent(s) accompany the minor;

2. When the minor is on an emergency errand directed by his or her parent(s);

3. When the minor is going to, or coming directly from, his or her place of gainful employment;

4. When the minor is going to or coming directly from a medical appointment;

5. To minors having permission to leave school campus for lunch or school-related activities;

6. To minors currently enrolled in an independent study program or home schooling; or

7. To minors awarded with a high school diploma or a high school equivalency certificate.

(Ord. 4517, 08/13/96)

It is unlawful for a minor's parent(s) to knowingly or negligently permit their minor to violate Section 9.82.030A.

(Ord. 4517, 08/13/96)

A. Upon violation of Section 9.82.030A, public safety personnel may issue a citation to the minor. In addition, public safety personnel may detain the minor until the minor's parent(s) retrieve the minor from custody; public safety personnel may transport the minor to his or her home or school.

B. A charge under this chapter may be prosecuted either as a misdemeanor or 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, if any, shall be set by the court.

C. Upon first violation of this chapter, the minor's parent(s) shall accompany the minor to court. If found guilty of violating this chapter, the court shall inform the minor's parent(s) of the citation; the court shall advise the parent(s) that the minor was found violating the ordinance; and the court shall remind the minor's parent(s) of their responsibility and liability.

D. Upon a second violation of this chapter, when a minor's parent(s) were previously warned as set forth in Section 9.82.050(c), public safety personnel may issue a citation for an infraction to the parent(s) to appear in court. The amount of the fine imposed, if any, shall be set by the court.

E. Upon subsequent violations of this chapter, when the parent(s) were previously issued an infraction, public safety personnel may issue a citation for a misdemeanor to the parent(s) to appear in court. Penalties, if any, will be assessed by the court at that time.

(Ord. 4517, 08/13/96)

A. Any person convicted of an infraction for violating Sections 9.82.030A or 9.82.040 may be punished by a fine not exceeding $250 or by a requirement to perform county, city, or school-approved work projects or community service or both. If required to perform a project, the total time for performance shall not exceed 20 hours over a period not to exceed 60 days, during times other than a minor's hours of school attendance or a minor's or parent(s)' hours of employment.

B. Any parent convicted of a misdemeanor violation of Section 9.82.040 may be punished by imprisonment in the County Jail for a period of time not exceeding six months, or by a fine not exceeding $1,000, or both.

(Ord. 4517, 08/13/96)

This section shall apply only if a court enters a civil finding or criminal conviction in violation of this chapter against a minor. If a minor is detained for a period in excess of one hour under the supervision of El Cajon Police Department employees, the minor's parent(s) shall be jointly and severally liable for the cost of providing such supervision and other costs normally associated with such detention. This assessment shall be payable to the City of El Cajon.

(Ord. 4517, 08/13/96)

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

(Ord. 4517, 08/13/96)