McFarland Municipal Code Ch. 9.04 Curfew

Footnotes:

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Editor's note— Ord. No. 004-2010, § 1, adopted April 8, 2010, in effect, repealed the former Chapter 9.04, §§ 9.04.010, 9.04.020, and enacted a new Chapter 9.04 as set out herein. The former Chapter 9.04 pertained to similar subject matter and derived from Ord. No. 26, 1958.

A. It is unlawful for any minor of age twelve to seventeen 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, or the premises of any establishment, vacant lots or any unsupervised public place on days and at times when the minor's school is in session.

B. A minor's presence in such location is not unlawful, however:

1. When the minor is accompanied by his or her parent or other adult having the care or custody of the minor;

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

3. When the minor is going to, or coming directly from, his or her place of school-approved employment;

4. When the minor is going to, or coming directly from a medical appointment;

5. When the minor has permission to leave the school campus for lunch and has in his or her possession, a valid, school-issued, off-campus permit;

6. When the minor is going to, or coming from a compulsory alternative education program activity;

7. When the minor is attending or, without detour or stop, going to or returning from a school, religious, government-sponsored activity, or other recreational activity supervised by adults;

8. When the minor is attending or, without detour or stop, going to or returning from an event or activity directly related to the medical condition of a sibling or parent;

9. When the minor is enrolled in a private school or "home school" qualified under California Education Code Section 48222; or

10. When the minor has passed a general educational development test and received a California high school equivalency certificate.

(Ord. No. 004-2010, § 1, 4-8-10)

A. It is unlawful for any minor under the age of eighteen years 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, or the premises of any establishment, vacant lots, or any unsupervised public place between the hours of ten p.m. and five a.m. of the following day from September 1 to May 31, inclusive, of each year and between the hours of eleven p.m. and five a.m. of the following day from June 1 to August 31, inclusive of each year.

B. A minor's presence in such location during such hours is not unlawful, however:

1. When the minor is accompanied by his or her parent or other adult having the care or custody of the minor;

2. When the minor is going to, or coming directly from or being at night classes, library study, games, dances or other school, church, organized group or civic functions.

(Ord. No. 004-2010, § 1, 4-8-10)

It is unlawful for the parent of any minor to knowingly permit or, by insufficient control, to allow the minor to be in violation of Section 9.04.010 or Section 9.04.020.

(Ord. No. 004-2010, § 1, 4-8-10)

A. Upon any violation of Section 9.04.010 or Section 9.04.020, a peace officer may detain the minor until he or she can be placed in the care and custody of his or her parent, may transport the minor to his or her home or to the school from which the minor is absent, and may issue a citation to the minor. If cited, the minor and a parent or legal guardian shall appear in court as directed on the citation. The parent or legal guardian shall be advised that the minor was cited for a violation of McFarland Municipal Code Section 9.04.010 or Section 9.09.020. The parents shall be warned of their responsibility and liability as the minor's parents.

B. After a parent has been previously warned as set forth in Section 9.04.040(A), upon a parent's violation of Section 9.04.030 anytime thereafter, a peace officer may issue the parent a citation to appear in court.

C. When a parent has previously been issued a citation for an infraction pursuant to Section 9.04.040(A), upon any subsequent violation by a parent of Section 9.04.030 a peace officer may issue a citation for a misdemeanor to the same parent of the minor to appear in court.

(Ord. No. 004-2010, § 1, 4-8-10)

A. Any person convicted of an infraction for a violation of Section 9.04.010 or Section 9.04.020 may be punished by a fine not exceeding two hundred fifty dollars plus court fees, or by a requirement to perform county, city, or school-approved work projects or community service, or both. If required to perform a work project, the total time for performance shall not exceed twenty hours over a period not to exceed sixty days, at such times other than a minor's hours of school attendance or a minor or parent's hours of employment.

B. Any parent convicted of a misdemeanor violation of Section 9.04.030 may be punished by imprisonment in the county jail for a period of time not exceeding six months, or by a fine not exceeding one thousand dollars, or both.

(Ord. No. 004-2010, § 1, 4-8-10)