Monrovia Municipal Code Ch. 9.28 Minors—loitering and Curfew

It is unlawful for any minor under the age of 18 years to loiter, idle, wander, stroll, or aimlessly drive or ride about in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot or unsupervised place between the hours of 10:00 p.m. on any day and sunrise of the immediately following day.

(`83 Code, § 9.28.010) (Ord. 90-03 § 1 (part), 1990)

Section 9.28.010 shall not apply when:

(A) The minor is accompanied by his or her parent, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse 18 years of age or older;

(B) The minor is on an errand directed by his or her parent or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse 18 years of age or older;

(C) The minor is returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, sporting event or school activity; or

(D) The presence of such minor in said place or places is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged.

(`83 Code, § 9.28.020) (Ord. 90-03 § 1 (part), 1990; Ord. 94-16 § 3, 1994)

It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or to compulsory continuation education to be in or upon any public street, highway, road, alley, park, playground, or other public ground, public place, public building, place of amusement, eating establishment or vacant lot during the hours of 8:30 a.m. to 1:30 p.m. on days when said minor's school is in session. 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 to or from his or her place of gainful employment or to or from a medical appointment; or

(D) To any minor who has permission to leave school campus for lunch or school-related activity and has in his or her possession a valid, school issued, off-campus permit; or

(E) When the minor is exempt by law from compulsory education or compulsory continuation education; or

(F) When the minor is authorized to be absent from his or her school pursuant to the provisions of Cal. Education Code § 48205, or any other applicable state or federal law.

(`83 Code, § 9.28.030) (Ord. 99-06 § 2, 1999; Ord. 94-16 § 4, 1994)

(A) Determination by court. When, based on a finding of civil liability or criminal conviction for violations of curfew, pursuant to Cal. Welfare and Institutions Code § 625.5, daytime loitering (truancy), or wilful misconduct in violation of Cal. Welfare and Institutions Code § 602, a minor under 18 years of age is detained for a period of time in excess of one hour, and said detention required the supervision of the juvenile offender by Police Department employee(s), the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by said department.

(B) Determination by Chief of Police. As determined by the Chief of Police or his or her designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of wilful misconduct in violation of Cal. Welfare and Institutions Code § 602 where police personnel provide services relating to the detention, processing or supervision of minors that are over and above the normal services usually provided by the Monrovia Police Department, may be assessed, and billed for, the cost of providing such personnel for such services beyond those normally provided by said Department.

(C) Appeal. Any person receiving a bill for police services pursuant to this chapter may, within 15 days after the billing date, file a written request appealing the imposition of said charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the City Manager, or his or her designee, as the Hearing Officer. Within ten days after the hearing, the Hearing Officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the Hearing Officer. If the appeal is denied in part or in full, all amounts due to the city shall be paid within 30 days after notice of the decision of the Hearing Officer.

(`83 Code, § 9.28.040) (Ord. 94-16 § 4, 1994)