Live Oak, Sutter County Municipal Code Ch. 9.03 Daytime Loitering and Truancy of Juveniles

The purpose of this chapter is to reduce the incidents of juvenile loitering and truancy that create a burden upon the health, safety and welfare of the community. Students who are absent from school are more likely to participate in unlawful activities and to become victims of crime. In addition, they impose an extraordinary burden on the manpower and resources of law enforcement because juveniles taken into custody must be supervised by law enforcement personnel until they are released to a parent or guardian. Personnel supervising these juveniles are then unavailable to carry out law enforcement duties in the field thereby decreasing the level of protection afforded to the community. The City Council finds that having an enforceable juvenile loitering and truancy ordinance is critical to addressing these concerns and determines that a special need exists for the adoption of such an ordinance.

(Ord. 518 § 1, 2018)

For the purpose of this chapter, the following definitions shall apply:

"Adult"

means any person who is 18 years of age or older or who is emancipated pursuant to law.

"Caretaker"

means any person who is 18 years of age or older, other than the juvenile's parent or legal guardian, who has been given and has accepted responsibility for the care, custody and control of the juvenile by the juvenile's parent or legal guardian.

"Emergency"

means the unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident or requirement for immediate medical care for another person.

"Establishment"

means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

"Guardian"

means a person who, or private agency that, under court order, has been named the guardian of the juvenile.

"Juvenile"

means any person less than 18 years of age who is not emancipated pursuant to law.

"Loitering"

means to linger or hang around in a public place or establishment where one has no particular or legal purpose.

"Parent"

means a person who is the natural or adoptive mother or father of a person.

"Public place"

means any place to which the public has access and includes, but is not limited to, public streets, highways, roads, alleys, parks, playgrounds, public buildings, public rights-of-way, public grounds, dedicated open or trail space, or privately owned land that is unsupervised and from which the public is not expressly excluded under applicable trespass laws, including, but not limited to, vacant lots, parking lots and the common areas of hospitals, apartment complexes, housing complexes, office buildings, transport facilities, shopping centers and malls. For the purpose of this chapter, public place shall not include the buildings, grounds or facilities of the school which the juvenile is required to attend but shall include the buildings, grounds and facilities of schools in which the juvenile is not enrolled.

"Truancy"

means the act or condition of being absent from school without permission by one who is subject to compulsory full-time education or to compulsory continuation or alternative education under State law.

(Ord. 518 §1, 2008)

It is unlawful for the parent, legal guardian or caretaker of any juvenile to knowingly permit or, by insufficient control, to allow the juvenile to be in violation of Section 9.03.040 of this chapter.

(Ord. 518 §1, 2008)

It is unlawful for any juvenile, who is subject to compulsory full-time education or to compulsory continuation, or alternative education under State law, to loiter in, or upon, any establishment or public place during the hours of 8:30 a.m. and 2:00 p.m., on any day when that juvenile would otherwise be required to attend school. The provisions of this section shall not apply if:

A. The juvenile is accompanied by his or her parent, legal guardian or caretaker; or

B. The juvenile is on an emergency errand directed by a parent, legal guardian or caretaker; or

C. The juvenile is going to or coming directly from his or her place of school-authorized employment; or

D. The juvenile is going to or from a medical, dental, optometrical, or chiropractic appointment; or

E. The juvenile is a student who has permission to leave the school campus for lunch or school related activity and has in his or her possession a valid, school-issued, off-campus permit; or

F. The juvenile is going to or coming from a compulsory alternative education program activity; or

G. The juvenile is attending or, without any detour or stop, going to, or returning from, an event or activity directly related to the medical condition of the parent, legal guardian or child of whom the juvenile is the custodial parent; or

H. The juvenile is officially enrolled in home schooling; or

I. The juvenile is exempt by law from compulsory education, continuation education or alternative education; or

J. The juvenile is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, or any other applicable State or Federal law; or

K. The juvenile is, without any detour or stop, going to or returning from any event or activity authorized by the provisions of California Education Code Section 48205 or any other applicable State or Federal law; or

L. The school which the juvenile is required to attend is not in session.

(Ord. 518 § 1, 2018)

A. Violation. Any person who willfully violates any of the provisions of this chapter is guilty of an infraction, except that nothing herein shall be deemed to bar any legal, equitable, or summary remedy to which the City of Live Oak may be entitled.

B. Aiding and Abetting. Any person who willfully permits, aids, abets, allows or encourages any juvenile to violate any of the provisions of this chapter is guilty of an infraction, except that nothing herein shall be deemed to bar any legal, equitable, or summary remedy to which the County of Sutter may be entitled.

C. Enforcement. A peace officer may issue a citation to any juvenile, parent, guardian, caretaker or individual found to be in violation of this chapter and may detain that juvenile until he or she can be placed into the care and custody of a parent or legal guardian; or may transport the juvenile to his or her home or to the school from which the juvenile is absent. The peace officer may also notify the parent or legal guardian that the juvenile has been issued a citation. If cited, the juvenile and a parent or legal guardian shall appear in court as direction by the citation.

D. Penalties.

1. Any juvenile convicted of violating this chapter may be punished by the imposition of a fine not exceeding $250.00 or may be required to perform 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 juvenile's hours of school attendance or juvenile, parent or legal guardian's hours of employment.

2. Any parent, legal guardian, caretaker or individual convicted of violating this chapter may be punished by the imposition of a fine not exceeding $250.00.

(Ord. 518 § 1, 2018)