Maywood Municipal Code Ch. 12 Loitering and Curfew

(a) "Curfew hours" means between the hours of 10:00 p.m. on any day and sunrise of the immediately following day.

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

(c) "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.

(d) "Guardian" means a person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by court order.

(e) "Idle" means to move lazily and without purpose.

(f) "Loiter" means to delay or linger without a lawful purpose for being on a property.

(g) "Minor" means any person under eighteen (18) years of age except one who is married, or an emancipated minor in accordance with the provisions of the California Family Code.

(h) "Operator" means any individual, firm, association, partnership, or corporation operating, managing or conducting any establishment.

(i) "Parent" means a person who is a natural, adoptive, or step-parent of another person; or 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.

(j) "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, alleys, parks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, theaters, restaurants and shops.

(k) "Remain" means to linger or stay; or fail to leave the premises when requested to do so by a police office or the owner, operator, or other person in control of the premises."

(l) "Serious bodily injury" means bodily injury that creates a substantial risk of death, serious disfigurement, or serous permanent injury.

(m) "Truant" means a minor staying out of school without permission.

(n) "Wander" means to move about without a definite destination or purpose.

(§ 1, Ord. 301, as amended by § 1, Ord. 372, § 1, Ord. 88-346, eff. January 26, 1989, § 1, Ord. 97-444, eff. July 8, 1997, and § 1, Ord. 97-446, eff. August 21, 1997)

(Ord. No. 08-08, § 1, 8-26-2008)

(a) It is unlawful for any minor to remain in any public place or on the premises of any establishment within the City of Maywood during curfew hours.

(b) It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control to allow, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours.

(c) It is a defense to prosecution under Section 5-12.02 (a) or (b) that the minor was:

(1) Accompanied by his or her parent or guardian;

(2) On an errand at the direction of the minor's parent or guardian, without any detour or stop;

(3) Engaged in an employment activity, or going to or returning directly home from an employment activity, without any detour or stop;

(4) Involved in an emergency;

(5) In a vehicle involved in interstate travel;

(6) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor with the permission of an adult resident of the next-door neighbor's residence;

(7) Attending, or returning directly from, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a school, a civic organization or other similar entity that takes responsibility for the minor or returning directly from an establishment;

(8) Exercising First Amendment rights protected by the United States Constitution, including freedom of speech, the free exercise of religion, and the right of assembly; or

(d) Before taking any action under this section, a peace officer shall ask the apparent offender's age and reason for being in the public place. The peace officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no exception listed in subsection (c) of this section is present.

(§ 1, Ord. 301, as amended by § 1, Ord. 372, § 1, Ord. 97-444, eff. July 8, 1997, and § 1, Ord. 97-446, eff. August 21, 1997)

(Ord. No. 08-08, §§ 2—4, 8-26-2008)

It is unlawful for any minor under the age of eighteen (18) years, who is subject to compulsory education or to compulsory continuation education, to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place during the hours of 8:30 a.m. and 2:00 p.m. on days when school is in session for the student. This section does not apply:

(a) When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or

(b) When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or

(c) When the minor is going or coming directly from or to their place of employment or to or from a medical appointment; or

(d) When the minor is off-track; or

(e) To students who have permission to leave school campus for lunch or school related activity and have in their possession a valid, school issued, off-campus permit.

(§ 2, Ord. 301, as amended by § 2, Ord. 95-417, eff. April 25, 1995, and § 2, Ord. 95-418, eff. May 25, 1995)

Notwithstanding any other provision of this Code, when a person under the age of eighteen (18) years is charged with a violation of this Code, a peace officer may issue a notice to appear in Juvenile Traffic Court of the Superior Court to that minor and the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code. The amount of the fine and/or the amount of community service imposed shall be set by the court.

(§ 3, Ord. 301, as amended by § 3, Ord. 95-417, eff. April 25, 1995, § 3, Ord. 95-418, eff. May 25, 1995, and § 1, Ord. 95-420, eff. August 10, 1995)

No person shall loiter or stand in or upon any public highway, alley, sidewalk, crossway, or other public way open for pedestrian travel or otherwise occupy any portion thereof in such a manner as unreasonably to annoy or molest any pedestrian thereon or as to obstruct or unreasonably interfere with the free passage of pedestrians.

(§ 1, Ord. 71-83, eff. February 25, 1971)

No person shall sit, lie, or sleep in or upon any street, sidewalk, alley, or other public way. The provisions of this section shall not apply to persons sitting on the curb portion of any sidewalk or street while attending or viewing any parade permitted by this Code; nor shall the provisions of this section apply to persons sitting upon benches or other seating facilities provided for such purpose by municipal authority or permitted by this Code.

(§ 1, Ord. 71-83, eff. February 25, 1971)

(a) Parents shall be legally responsible for the daytime loitering, or truant behavior, of their minor children. It is unlawful for any parent or guardian of a minor to allow the minor, if subject to compulsory education or to compulsory continuation education, to remain in any establishment or public place within the City of Maywood between the hours of 8:30 a.m. and 2:00 p.m. on days when school is in session for the minor. This section does not apply:

(1) When the minor is accompanied by his or her parent, guardian or other adult person having the care or custody of the minor; or

(2) When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or

(3) When the minor is going or coming directly from or to their place of employment or to or from a medical appointment; or

(4) When school is out of session for the minor (off-track); or

(5) To students who have permission to leave school campus for lunch or school related activity and have in their possession a valid, school issued, off-campus permit.

(b) Notwithstanding Section 5-12.04, a parent violating Section 5-12.07(a), shall be subject to mandatory parenting classes and/or infraction charges and/or administrative fines.

(Ord. No. 08-08, § 5, 8-26-2008)