Mendota Municipal Code Ch. 9.20 Curfew

The term "loitering" or "loiter," as used in this chapter, means remaining idle in essentially one location, to be dilatory, to tarry, to dawdle, and shall include, but not be limited to, standing around, hanging out, sitting, kneeling, sauntering or prowling.

(Ord. 94-05 § 4, 1994: prior code § 7.01.004)

It is unlawful for any person under the age of eighteen (18) years to loiter on or about any street, sidewalk, curb, gutter, parking lot, alley, vacant lot, park, playground or yard, whether public or private, without the consent or permission of the owner or occupant thereof, during the hours between ten p.m. and six a.m. and between the hours of eight a.m. and three p.m. of the same day on days when school is in session, according to the applicable time standard then in effect for the city, unless accompanied by a parent, guardian, or other adult person over the age of twenty-one (21) years; provided, however, that the provisions of this section do not apply when the minor is upon an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor, or when the minor is traveling directly to or from a social, civic, religious, entertainment or educational activity, or when the presence of such minor in such place is connected with and required by some legitimate business, trade, profession or occupation in which the minor is lawfully engaged.

(Ord. 94-05 § 1, 1994: prior code § 7.01.001)

(Ord. No. 10-06, § 1, 3-23-2010)

It shall be the duty of the arresting officer to provide notice to the parent or guardian of any minor so arrested pursuant to the provisions of this chapter. Upon the first arrest of a minor, that minor's parent or guardian shall be given verbal notice of the arrest and of the requirements of this chapter. Upon the second arrest of the same minor, that minor's parent or guardian shall be given written notice of the arrest and of the requirements of this chapter. Upon the third arrest of the same minor, that minor's parent or guardian shall be cited for violation of Section 9.20.040 of this chapter. Such violation shall be a misdemeanor, for which evidence of prior notice shall be presumptive proof of the violation.

(Ord. 94-05 § 3, 1994: prior code § 7.01.003)

It is unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of eighteen (18) years to intentionally or with gross negligence permit or allow such minor to loiter between the hours of ten p.m. and six a.m. contrary to the provisions of Section 9.20.020 of this chapter.

(Ord. 94-05 § 2, 1994: prior code § 7.01.002)