Mammoth Lakes Municipal Code Ch. 9.44 Loitering During School Hours

This chapter shall be known as the "Daytime Loitering Ordinance."

(Code 1990, § 9.34.010)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes, but is not limited to, a fire, natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Guardian means:

(1) A person who, under court order, is the guardian of the person of a minor; or

(2) A public or private agency with whom a minor has been placed by the court.

Minor means a person less than 18 years of age.

Parent means a person who is a natural parent, adoptive parent, or a step-parent of another person.

Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, parks, playgrounds, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, theatres, game rooms, shopping malls, or any other public place of business.

Public street means a way or place, of whatever nature, open to the use of the public as a matter of right for the purpose of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term "public street" includes the legal right-of-way, including, but not limited to, the traffic lanes, curbs, sidewalk, whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term "public street" applies irrespective of what the legal right-of-way is formally called, whether alley, court, road, or otherwise.

(Code 1990, § 9.34.020; Ord. No. 09-03, § 1, 1-29-2009)

(a) Minors. Except as provided in Section 9.44.040, it is unlawful for any minor who is subject to compulsory education, or to compulsory continuation education, or to a compulsory alternative education program, to loiter, idle, wander, stroll, or be in or upon any public street, highway, road, alley, park, playground, parking area, or other public ground, public place, or public building, or any place of amusement or eating place, vacant lot, or the premises of any establishment, or any other place open to the public in the Town during the minor's regular school hours on any day when school for that minor is in session or, in the case of a minor subject to a compulsory alternative education program, between the hours of 8:00 a.m. and 2:00 p.m. on any day when that minor would otherwise be required to attend a compulsory education program.

(b) Parents/guardians. It is unlawful for the parent or guardian of any minor to knowingly permit or by insufficient control to allow the minor to be in violation of Subsection (a) of this section.

(Code 1990, § 9.34.030; Ord. No. 09-03, § 1, 1-29-2009)

It shall not be a violation of Section 9.44.020(a) if, at the time the minor is suspected of violating that section, one or more of the following circumstances exist:

(1) The minor is accompanied by a parent, guardian, or other adult person having the care and custody of the minor;

(2) The minor is upon an emergency errand directed by a parent, guardian, or other adult person having the care and custody of the minor;

(3) The minor is going directly to or returning from the place of a school-sponsored or school-approved employment, and the minor has in such minor's possession verification of that employment;

(4) The minor is going directly to or returning directly from a medical appointment and has in such minor's possession verification of that medical appointment;

(5) The suspected violation occurs during the lunch period of that school that the minor attends and either the school has an open campus lunch period policy, or the minor has permission to leave campus for lunch and has in such minor's possession a valid, school-issued off-campus permit;

(6) The minor is attending, going directly to, or returning directly from a school-sponsored activity, such as a sporting event, field trip, movie, or play, and the minor has in such minor's possession verification of that school-sponsored activity;

(7) The minor is going directly to or returning directly from an event or activity that is directly related to a medical condition of the parent, guardian, or other adult person having the care and custody of the minor;

(8) The minor is the subject of an alternative, modified, or special school schedule or program such that the minor is not required to be at school, even though school is in session;

(9) The minor is subject to a compulsory alternative education program and is going directly to or returning directly from a compulsory alternative education program activity;

(10) The minor is exercising rights protected by the First Amendment to the Constitution, such as the free exercise of religion, freedom of speech, and freedom of assembly;

(11) The minor is not a resident of the County, and the minor possesses a valid passport, visitor's visa, or other form of identification to establish that the minor is temporarily visiting within the County, or the minor is in a motor vehicle involved in interstate travel.

(Code 1990, § 9.34.040; Ord. No. 09-03, § 1, 1-29-2009)

(a) Upon observing any violation of Section 9.44.020(a), a peace officer may issue a citation to the minor and may also do one of the following:

(1) Detain the minor until same can be placed in the care and custody of such minor's parent, guardian, or other adult person having the care and custody of the minor;

(2) Transport the minor to same's home; or

(3) Transport the minor to the school from which the minor is absent.

(b) Upon the minor's second and subsequent citation for violating Section 9.44.020(a), a peace officer may also issue a citation to the minor's parent or guardian for violation of Section 9.44.020(b).

(Code 1990, § 9.34.050; Ord. No. 09-03, § 1, 1-29-2009)

Notwithstanding any other provision of this Code, when a minor is charged with a violation of Section 9.44.020(a) and a peace officer issues a notice to appear to that minor pursuant to Welfare and Institutions Code § 256, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Welfare and Institutions Code § 301 or 602. Each violation of Section 9.44.020(a) shall constitute a separate infraction.

(Code 1990, § 9.34.060; Ord. No. 09-03, § 1, 1-29-2009)

(a) Any minor found to have violated Section 9.44.020(a) is guilty of an infraction punishable by:

(1) A fine not to exceed $100.00, ten hours of community service, or both for the first violation;

(2) A fine not to exceed $200.00, 20 hours of community service, or both for the second violation; or

(3) A fine not to exceed $250.00, 25 hours of community service, or both for the third or subsequent violations.

(b) Any community service imposed as punishment hereunder shall be served during a time other than the minor's hours of school attendance or employment.

(Code 1990, § 9.34.070; Ord. No. 09-03, § 1, 1-29-2009)

Any parent or guardian found to have violated Section 9.44.020(b) is guilty of an infraction punishable by:

(1) A fine not to exceed $100.00, ten hours of community service, or both for the first violation;

(2) A fine not to exceed $250.00, 25 hours of community service, or both for the second violation; or

(3) A fine not to exceed $500.00, 50 hours of community service, or both for the third and subsequent violations.

(Code 1990, § 9.34.080; Ord. No. 09-03, § 1, 1-29-2009)