El Cerrito Municipal Code Art. 2 Daytime Curfew

A. State law requires all persons between the ages of six and eighteen to attend school. Regular school attendance provides important benefits not only to the students themselves but also to the health, safety, and welfare of all residents within the city. Regular school attendance promotes employability upon graduation and reduces delinquency as well as the potential for future dependence upon public assistance.

B. The community as a whole suffers when a minor student is not attending school. Truancy or unexcused absenteeism from school results in a loss of educational opportunities to the student and a loss of revenue to the school. Truancy also often leads to vandalism, petty theft, daytime burglaries, and other criminal activity. Truants often tend to loiter in and about public places; frequently, persons going about their lawful business as well as public property become targets of the delinquent behaviors of truants when they should be in school.

C. It is the intent of the City Council of the City of El Cerrito, by this Chapter and in cooperation and coordination with the West Contra Costa County Unified School District by the exercise of the city's traditional police powers and its curfew powers over minors, to establish and enforce a curfew upon minors of school age on school days during the hours between 8:00 a.m. and 2:00 p.m., with stated exceptions, in order to provide protection for the community and public property from deleterious effects of truancy. This is not intended to abridge or interfere with the lawful rights of parents or legal guardians or to contravene or supersede the laws of the State of California dealing with such matters.

(Ord. No. 2010-02, § II, 2-1-2010)

The authority of the ordinance codified in this chapter is based upon (a) the police power granted to the city by the Constitution of the State of California, Article XI, Section 7 and (b) independent and separate from the provisions of California Welfare and Institutions Code, Sections 625, 626 and 626.5.

(Ord. No. 2010-02, § II, 2-1-2010)

It shall be unlawful for any minor subject to compulsory full-time education or to compulsory continuation education to be found away from his or her home between the hours of 8:00 a.m. and 2:00 p.m. when absent from school within the city without lawful excuse as defined in Section 10.70.050.

(Ord. No. 2010-02, § II, 2-1-2010)

It shall be permissible for a minor subject to compulsory full-time education or to compulsory continuing education to be found away from his or her home between the hours of 8:00 a.m. and 2:00 p.m. under the following circumstances:

A. When the minor is accompanied by his or her parent, guardian or other adult person having care or custody of the minor.

B. When the minor is on an emergency errand directed by his or her parent, guardian, or other adult person having care or custody of the minor.

C. When the minor is going or coming directly to or from his or her place of gainful employment or to or from a medical appointment.

D. When the minor has permission to leave for lunch or school-related activity and has in his or her possession a valid, school issued, off-campus permit.

E. When the minor is going or coming directly to or from a school approved or school related business, trade, profession, occupation or program in which the minor is lawfully engaged, such as work study or work experience program, subject to verification by a proper school authority.

F. When the minor is exempt by law from compulsory education or compulsory continued education.

G. When the minor is authorized to be absent from his or her school under the provisions of California Education Code section 48205, or any applicable state or federal law.

H. When the minor is going directly to or from an event or activity that is directly related to any medical condition of a parent or other adult person having the care and custody of the minor.

(Ord. No. 2010-02, § II, 2-1-2010)

A. A violation of any section in this article is an infraction and not a misdemeanor.

B. The fine for this violation shall be listed in the City of El Cerrito Master Fee Schedule as adopted from time to time by resolution.

C. A peace officer or probation officer may assume temporary custody, during school hours, of any minor subject to compulsory full-time education or to compulsory continuation education found away from his or her home and who is absent from school without a valid excuse and return such minor to his or her school of registration.

D. This section shall not be construed to limit the authority of the court to render any disposition authorized by California Welfare & Institutions Code Section 258, subdivision (a) or any other provision of the Juvenile Court Law for violation of this article.

(Ord. No. 2010-02, § II, 2-1-2010)