Lodi Municipal Code Ch. 9.10 Loitering by Minors Prohibited During Certain Hours

The city council finds and declares that the problems associated with minors loitering on city streets and in other public places between the hours of eleven p.m. and five a.m. is an increasing problem, creating a danger to both the public and to the minors by allowing such minors to be in contact with or have the opportunity for participation in street gangs, illegal drugs, and other unlawful activity while not under direct parental supervision. The city council further finds and declares that the problems associated with such juvenile loitering impair the use and enjoyment of public and private property by law abiding citizens, create enforcement problems for police, and generally make the city a less desirable place to live. It is therefore necessary for the city council to protect both the members of the public and the minors who are at risk by regulating certain conduct by minors while in designated public places. It is not the intention of the city council to place restrictions upon minors while in such public places which involve legal and constitutionally protected activities.

(Ord. 1588 § 1 (part), 1993)

It is unlawful for a minor, as defined herein, to loiter in any public place within the city between the hours of eleven p.m. and five a.m. of the following day, subject to the definitions and exceptions contained in this chapter.

(Ord. 1588 § 1 (part), 1993)

It is unlawful and a misdemeanor for any parent or guardian having the legal care or custody of a minor to knowingly allow or permit such minor to violate the provisions of this chapter.

(Ord. 1588 § 1 (part), 1993)

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

"Emergency" means an unforeseen situation involving the health, safety, or welfare of the minor, of the minor's employer, or a member of the minor's immediate family, and which requires the minor to be present in a public place between the hours of eleven p.m. and five a.m. of the following day.

"Loiter" means the lingering for the specific purpose of committing a crime or crimes as the opportunity may be discovered.

"Minor" means a person under the age of eighteen years.

"Public place" means any street, sidewalk, alley, park, outdoor recreation facility, or other similar publicly-owned property generally open to the public, and shall also include privately-owned property customarily open to the public, including but not limited to restaurants, malls, and parking lots, but shall not include theaters, arcades or similar places of supervised amusement.

(Ord. 1588 § 1 (part), 1993)

This chapter shall not apply under the following circumstances to minors:

A. Emancipated pursuant to the provisions of California Civil Code Section 64 et seq. or similar statutes of another state;

B. Accompanied by a parent, guardian or other adult having legal care or custody of said minor;

C. Upon a specific, legitimate errand at the direction of a parent or guardian having the care or custody of a minor, while such minor is actually and directly carrying out such errand;

D. Going directly to or coming directly from a place of public amusement, school function, or place of employment, with the knowledge and consent of the minor's parent or guardian;

E. Present in a public place because of an emergency, as defined herein, while actually dealing with or responding to such emergency.

(Ord. 1588 § 1 (part), 1993)

Circumstances or factors which may create a presumption of violation of this chapter as it applies to determining intent to loiter, include but are not limited to the following:

A. The minor's presence in a public place known by police as a location in which illegal drug-related activity occurs or has occurred;

B. The minor's presence in a public place known by police as a location in which street gang members customarily congregate;

C. The minor's presence in a public place, without a legitimate reason, after such minor has been found in such public place, admonished or advised of the ordinance codified in this chapter by a police officer and given the opportunity to leave such public place(s). The presumption created by this paragraph shall be valid only if the advisement or admonishment occurs during the same eleven p.m. to five a.m. period specified above, as any alleged violation;

D. The minor's presence in a public place with or in a group wherein two or more persons are wearing or displaying street gang paraphernalia. For purposes of this chapter, "gang paraphernalia" shall include distinctively-colored, styled or marked clothing, hats, bandannas, emblems, or symbols intended by the wearer to identify that person as a member of or associated with a known street gang;

E. The minor's presence in a vehicle which has been observed by police to drive past one specific location in the city more than twice during any single period of time between eleven p.m. and five a.m. of the following day. The presumption created by this paragraph shall be valid only if the observation by police occurs during the same eleven p.m. to five a.m. period specified above as an alleged violation.

(Ord. 1588 § 1 (part), 1993)