Manhattan Beach Municipal Code Ch. 4.124 Daytime Juvenile Curfews

It shall be unlawful for any minor to be present in or remain in or upon the public streets, avenues, highways, roads, curb areas, alleys, parks, playgrounds, other public places, establishments, places of amusement, eating places, vacant lots or other unsupervised places during the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when said minor's school is in session. It shall also be unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow a minor for whom they are responsible, to remain in any public place or on the premises of any establishment within the City during these daytime curfew hours.

(§ 1, Ord. 1950, eff. July 4, 1996, as amended by § 2, Ord. 1984, eff. September 3, 1998)

The provisions of this chapter shall not apply when a minor has one (1) of the following valid excuses:

A. The minor has in his or her possession a written excuse from the minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor, which excuse provides a reasonable explanation, as determined by the court, for the minor's absence from school;

B. The minor is accompanied by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor;

C. The minor is upon an emergency errand directed by said minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor;

D. The minor is going to or returning directly from a medical appointment;

E. The minor has permission to leave campus and said minor has in his or her possession a valid, school-issued, off-campus permit;

F. The minor is going to or returning directly from a public meeting, or place of public entertainment, such as a movie, play, sporting event, dance or school activity, provided such meeting, event or activity is a school-approved activity for the minor or is otherwise supervised by school personnel of said minor's school;

G. The presence of the minor in said place or places is connected with or required by a school-approved or school-related business, trade, profession or occupation in which said minor is lawfully engaged;

H. The minor, due to split sessions or year round school, is not required at the time he or she is found, to be in attendance at school;

I. When the minor is exempt by law from compulsory education or compulsory continuation education; or

J. When the minor is authorized to be absent from his school pursuant to the provisions of California Education Code Section 48205 or any other applicable State or Federal law.

(§ 2, Ord. 1950, eff. July 4, 1996, as amended by § 2, Ord. 2001, eff. June 3, 1999)

Violation of this chapter shall constitute an infraction punishable by a fine not to exceed five hundred dollars ($500.00) provided for in Section 1.04.010(B) of this Code.

(§ 3, Ord. 1950, eff. July l4, 1996)

A minor cited for an infraction under this chapter must attend a court hearing on the infraction and must be accompanied at the hearing by all of the persons (or person) having the legal care or custody of said minor. If any such person fails to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the court shall continue the hearing and shall issue a citation to said person directing said person to appear at the continued hearing with the minor.

(§ 4, Ord. 1950, eff. July 14, 1996)

Notwithstanding the provisions of this chapter, the court may set aside the fine imposed by this chapter, or any portion thereof, if the fine is based on the minor's first infraction under this chapter and provided the minor produces proof satisfactory to the court that the following has occurred during the period between the initial hearing on the infraction and any subsequent hearing set by the court:

A. The minor has had no unexcused absences from school; and

B. The minor has performed ten (10) hours of court-approved community service during times other than said minor's hours of school attendance; or

C. The minor's parent(s), legal guardian(s), or other adult person(s) who have the legal care or custody of said minor, has or have attended a parenting class or a series of parenting classes approved by the court.

(§ 5, Ord. 1950, eff. July 4, 1996)