El Centro Municipal Code Div. 3 Daytime Truancy of Minors in Any Public Place on School Days

(a) It shall be unlawful for any minor, the age of seventeen (17) or under, who is subject to compulsory education or compulsory alternative education, to loiter, idle, wander, or be in or upon the public streets, highways, roads, alley, parks, playgrounds, or other public grounds, public places, public buildings, or the premises of any establishment, vacant lots or any unsupervised place between the hours of 7:30 a.m. and 2:30 p.m. on any day when school is in session for that minor.

(b) It shall be unlawful for the parent, guardian, or other adult person having the care and custody of the minor to knowingly permit or by insufficient control allow the minor to be in violation of El Centro City Code section 18-48.1(a).

(Ord. No. 05-05, § 1)

The provisions of this division shall not apply when:

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

(b) The minor is on an emergency errand directed by his or her parent or guardian or other adult having the care and custody of the minor.

(c) The minor is going or coming directly from or to their place of gainful employment.

(d) The minor is going or coming from or to a medical appointment.

(e) The minor has permission to leave campus for lunch and has in his or her possession a valid, school-issued, off-campus permit.

(f) The minor is attending or going to or returning directly home from a public meeting, or place of public entertainment, such as a movie, play, sporting event or school activity.

(g) 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.

(h) The minor is involved in an emergency such as a fire, natural disaster, automobile accident, a situation requiring immediate action to prevent serious bodily injury or loss of life, or any unforeseen combination of circumstances or the resulting state which calls for immediate action.

(i) The minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code 48205, or any other applicable state or federal law.

(j) The minor is an 'emancipated minor' as that term is defined in California Family Code Section 7002.

(Ord. No. 05-05, § 1)

(a) Upon any violation of City Code section 18-48.1(a), a peace officer may issue a citation for an infraction to the minor and may transport the minor to the custody of his or her parent, guardian or other adult person having the care and custody of the minor, to his or her home, or to the school from which the minor is absent. If cited, the minor and a parent, guardian, or other adult person having the care and custody of the minor shall appear in court as directed in the citation. The parent, guardian, or the adult person having the care and custody of the minor shall be advised of fact that the minor was cited for a violation of City Code section 18-48.1(a). The parent, guardian or other adult person having the care and custody of the minor shall be warned of their responsibility and liability as the minor's parent, guardian, or other adult person having the care and custody of the minor.

(b) If a parent, guardian or other adult person having the care and custody of the minor has been previously warned as set forth in City Code section 18-48.3(a), upon the minor's second violation of City Code section 18-48.1(a) within one (1) year, a peace officer may issue a citation for an infraction to the parent, guardian, or other adult person having the care and custody of the minor to appear in court for violation of City Code section 18-48.1(b).

(c) If a parent, guardian or other adult person having the care and custody has been previously issued a citation for an infraction as set forth in this section within one (1) year, upon any subsequent violation of City Code section 18-48.1(b), a peace officer may issue a citation for a misdemeanor to the parent, guardian or other adult person having the care and custody to appear in court for a violation of Section 18-48.1(b).

(Ord. No. 05-05, § 1)

(a) Any person convicted of an infraction for violation of City Code section 18-48.1(a) or (b) may be punished by a fine not exceeding two-hundred fifty dollars ($250.00) or by a requirement to perform city, county or school-approved projects or community service, or both. If required to perform a project, the total time for performance shall not exceed sixty (60) days, during times other than a minor's hours of school attendance or a minor or parent, guardian, or other adult person having the care and custody of the minor hours of employment.

(b) Any parent, guardian, or other adult person having the care and custody of the minor convicted of a misdemeanor violation of City Code section 18-48.1(b) may be punished as set forth in City Code section 1-12.

(Ord. No. 05-05, § 1)