Menifee Municipal Code Ch. 11.15 Control of Curfew and Truancy of Minors

As used in this chapter, the following words and phrases shall have the meaning forth herein.

CURFEW HOURS. The period from 10:00 p.m. any evening of the week, until 6:00 a.m. the following day.

EMERGENCY. One or more unforeseen circumstances or the resulting state requiring immediate action, such as a fire, natural disaster, accident or situation requiring immediate action to prevent or to treat serious injury or loss to person or property.

ESTABLISHMENT. Any privately-owned place of business to which the public is invited, including, but not limited to, places of amusement or entertainment.

GUARDIAN.

(1) A person who, pursuant to a court order, is designated as the guardian of a minor; or

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

MINOR. Any person under 18 years of age.

PARENT. A person who is a natural, adoptive or stepparent of another person.

PUBLIC PLACE. Any place to which the residents of the city or a substantial group of them have access and includes, but is not limited to, streets, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities, establishments, parks, docks or beaches.

RESPONSIBLE ADULT. A person at least 18 years of age authorized by a parent or guardian to have care, custody or control of the minor.

TRUANCY HOURS. Seven a.m. to 4:00 p.m. or other hours as designated by the respective school district or school on days when school is in session.

(Ord. 2009-34, passed 5-20-2009)

(A) It is unlawful for any minor under the age of 18 who is subject to compulsory education or to compulsory continuation education to be present in any public place or establishment within the city during truancy hours.

(B) The provisions of this section shall not apply under any one of the following circumstances:

(1) The minor is accompanied by his or her parent(s), legal guardian or a responsible adult;

(2) The minor is involved in an emergency;

(3) The minor is attending, going to or returning home without any detour or stop from an official meeting or lesson, school activity, civic organization, educational, religious or recreational activity supervised by a responsible adult;

(4) The minor is engaged in lawful employment activity, or is going to, or returning home from a lawful employment activity without any detour or stop;

(5) The minor is going to, or returning from, a medical or similar appointment without any detour or stop; and

(6) The minor is in possession of valid proof that he or she is a student who has permission to leave the school campus.

(Ord. 2009-34, passed 5-20-2009)

(A) It is unlawful for any minor to be present in any public place or on the premises of any establishment within the city 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 be present in any public place or on the premises of any establishment within the city during curfew hours.

(C) The provisions of this section shall not apply if the minor was:

(1) Accompanied by the minor’s parent, guardian or a responsible adult;

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

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

(4) Involved in an emergency;

(5) On the sidewalk abutting the minor’s residence;

(6) Engaged in, going to or returning home from an official school, religious or other recreational activity supervised by a responsible adult, sponsored by the county, a civic organization or another similar entity that takes responsibility for the minor; or

(7) Exercising First Amendment rights protected by the United States Constitution.

(Ord. 2009-34, passed 5-20-2009)

(A) It is unlawful for the parent or guardian of a minor to knowingly permit, or by insufficient control, allow the minor to be present in any public place or on the premises of any establishment within the city during truancy hours, unless the minor is so present because of one of the express exceptions under § 11.15.020.

(B) It is unlawful for the parent or guardian of a minor to knowingly permit, or by insufficient control, allow the minor to be present in any public place or on the premises of any establishment within the city during curfew hours, unless the minor is so present because of one of the express exceptions under § 11.15.030.

(Ord. 2009-34, passed 5-20-2009)

(A) Before taking any enforcement action under this chapter, a law enforcement officer shall ask the apparent offender’s age and a reason for being in the public place or on the premises of an establishment during curfew or truancy hours. The 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 no defense under §§ 11.15.020 or 11.15.030 is applicable.

(B) Each violation of this section shall constitute a separate offense. Any person who violates any of the provisions of §§ 11.15.020, 11.15.030 or 11.15.040 shall be guilty of a misdemeanor or an infraction and, upon conviction thereof, shall be punished by a fine of not more than $500, or by imprisonment in the County Jail for a period of not more than six months, or by both the fine and imprisonment. Minors shall be dealt with in accordance with juvenile court law and procedure.

(Ord. 2009-34, passed 5-20-2009)