Hercules Municipal Code Art. 1 Daytime Curfew

(a) State law requires all persons between the ages of six (6) and eighteen (18) 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 Hercules, by this Chapter and in cooperation and coordination with the West Contra Costa County Unified School District and the John Swett 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 other legal guardians or to contravene or supersede the laws of the State of California dealing with such matters.

(d) This Chapter may be cited as the "Hercules Youth Protection Ordinance."

(Ord. 439 § 1 (part), 2008)

The authority of 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 therefrom, the provisions of California Welfare and Institutions Code Sections 625, 626 and 626.5.

(Ord. 439 § 1 (part), 2008)

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a)

"Emergency"

shall mean an unforeseen combination of circumstances or the resulting state that justifies immediate action. Emergency includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation justifying immediate action to prevent serious bodily injury, loss of life or damage to property.

(b)

"Guardian"

shall mean:

(1)

A person who, under court order, is the guardian of the person of a minor and may, under appropriate circumstances, include a person who, under court order, is the guardian of the estate of a minor; or

(2)

A public or private agency with whom a youth has been placed by order of a court of competent jurisdiction; or

(3)

A person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

(c)

"Juvenile"

shall mean any person less than eighteen (18) years of age. "Juvenile" is synonymous with "youth" and "minor."

(d)

"Loiter"

shall mean to delay, to linger or to idle about.

(e)

"Minor"

shall mean any person less than eighteen (18) years of age. "Minor" is synonymous with "youth" and "juvenile."

(f)

"Official warning"

means documentation that the minor and/or parent or guardian has been contacted, detained and/or counseled.

(g)

"Parent"

shall mean a person who is a natural parent, adoptive parent, or step-parent of a minor.

(h)

"Public place"

shall mean any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, sidewalks, highways, parking lots, private residences left open to the public without the presence of a parent or guardian as a supervisor and the common areas of schools, hospitals, apartment houses, multiple-family dwellings, office buildings, transport facilities, shopping centers, commercial establishments, retail establishments, and shops.

(i)

"Remain"

shall mean to loiter, linger or stay, whether on foot or in a vehicle, or fail to leave a public place when requested to do so by a police officer or the owner, operator or person in control of the public place.

(j)

"Youth"

shall mean any person less than eighteen (18) years of age and is synonymous with the term "minor" and "juvenile."

(k)

"Youth protection ordinance hours"

shall be from 8:00 a.m. until 2:00 p.m. and 10:00 p.m. until 5:00 a.m. of the following day.

(Ord. 439 § 1 (part), 2008)

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 4-4.105.

(Ord. 439 § 1 (part), 2008)

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 a 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. 439 § 1 (part), 2008)

(a) A violation of any section in this Article is an infraction and not a misdemeanor.

(b) The fine for this violation shall be fifty dollars ($50.00) upon a conviction for the first offense, one hundred dollars ($100.00) upon conviction for the second offense within one (1) calendar year of the first offense, and two hundred dollars ($200.00) upon a conviction for the third offense within one (1) year from the second offense.

(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 their school of registration.

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

(Ord. 439 § 1 (part), 2008)