Grass Valley Municipal Code Ch. 9.17 Curfew During School Hours

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Prior ordinance history: Ord. 587.

State law requires all persons between the ages of six and seventeen 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 county. Regular school attendance promotes employability upon graduation and reduces delinquency as well as the potential for future dependency upon public assistance.

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 the targets of the delinquent behaviors of truants when they should be in school.

It is the intent of the city council of the City of Grass Valley, by this chapter and in cooperation and coordination with the truancy prevention and enforcement programs of the Nevada County Superintendent of Schools and the ten school districts of Western Nevada County, by the exercise of the city's traditional curfew powers over minors, to establish and enforce a curfew upon minors of school age on school days during the hours between eight a.m. and two p.m., with stated exceptions, so as to provide protection for the community and public property from the deleterious effects of truancy. This chapter is not intended to abridge or interfere with the lawful rights of parents or other legal guardians or to contravene or supersede the laws of the State of California dealing with such matters.

(Ord. 631 § 1 (part), 2003)

It is 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 eight a.m. and two p.m. who is absent from school without lawful excuse as defined in this chapter within the city.

(Ord. 631 § 1 (part), 2003)

For the purposes of this chapter, the following words and phrases shall be construed as set forth in this section unless it is apparent from the context that a different meaning is intended.

"Absent from school" means being found away from a public school facility, home school or private school during school attendance hours.

"Compulsory education" or "compulsory continuing education" shall have the meaning set forth in California Education Code Section 48200, et seq.

"Minor of school age" means and includes any person who is age six through seventeen.

"School Attendance Review Board (SARB)" means and includes any administrative panel established by a school district or the office of the county superintendent of schools pursuant to the authority of California Education Code Section 48320, et seq.

"School district" means and includes any of the ten school districts in Western Nevada County or any successor school district that governs the operation of secondary schools within the county.

(Ord. 631 § 1 (part), 2003)

Section 9.17.020 shall not apply if a minor has one of the following excuses:

A. Going directly to or returning directly from a school sponsored sporting event, dance or other activity in which the minor is authorized to participate, or the minor is otherwise under the supervision of school personnel;

B. The absence is connected with or required by a school-approved or school-related business, trade, profession, occupation or program in which the minor is lawfully engaged, such as a work study or work experience program, subject to verification by a proper school authority;

C. The minor has written permission from the school or the school district to be absent from a school campus, and has in his/her possession a valid, dated, school-issued off campus permit;

D. Going to or returning directly from minor's own medical appointment or that of the minor's dependent child, provided the minor has possession of a written, dated, verification of the medical appointment;

E. The minor's own illness;

F. The minor is subject to lawful quarantine order;

G. For the reasons and under the conditions otherwise described at Education Code Section 48205(a).

(Ord. 631 § 1 (part), 2003)

A minor who is found in a public place in violation of Section 9.17.020 shall be subject to the following:

A. Upon a minor's first violation of this chapter, the issuance of a citation by any peace officer advising the minor of the opportunity to clear the violation without further proceedings by paying a penalty sanction in the amount of twenty-five dollars (plus court costs and assessments) or by making arrangements to perform supervised community service for twelve hours time during non-school hours.

B. Upon a minor's second violation of this chapter, the issuance of a citation by any peace officer advising the minor that the violation may be administratively cleared by paying a penalty sanction in the amount of fifty dollars (plus court costs and assessments) or by making arrangements to perform twelve hours of supervised community service.

C. Upon any third or subsequent violation, the issuance of a citation advising the minor of the opportunity to clear the violation by paying a penalty sanction in the amount of seventy-five dollars (plus court costs and assessments) or by making arrangements to perform twelve hours of supervised community service during non-school hours.

D. In the event a minor served with any citation hereunder fails to pay the prescribed penalty sanction within ten days thereafter and has not made written arrangements promising to perform supervised community service, or in the case of any minor who has failed without compelling reason to perform promised community service within the time allotted, the minor shall be served with a notice to appear before the juvenile court hearing officer, as applicable, for proceedings in accordance with California Welfare and Institutions Code Section 601(b). To the extent authorized by the employing public education agency, a school attendance administrator may issue notices to appear hereunder as provided in subdivision (d) of Section 601 of the California Welfare and Institutions Code.

E. It is the sense of the city council that consistent application of the suspension, delay or revocation of the driving privileges of minors found in violation of this chapter who have also been determined to be habitual truants by the proper authority as provided by California Vehicle Code Section 13202.7 may be the most effective means to secure compliance with compulsory attendance short of making the minor a ward of the juvenile court. Therefore, it is the intent of this chapter that a preference to drive to school on the part of a truant minor for whom free school bus transportation is available, shall not, standing alone, constitute a sufficient personal or family hardship for the purposes of subdivision (c) of Section 13202.7 of the Vehicle Code.

(Ord. 631 § 1 (part), 2003)

A peace officer or a probation officer may arrest or assume temporary custody, during school hours, of any minor subject to compulsory full-time education or to compulsory continuation education found away from his/her home and who is absent from school without valid excuse within the City of Grass Valley or any school district therein.

(Ord. 631 § 1 (part), 2003)