Montebello Municipal Code Ch. 9.16 Offenses by or Against Minors

It is unlawful for any minor under the age of eighteen years to be present in or upon the public streets, avenues, highways, roads, alleys, sidewalks, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement or eating places, parking lots or vacant lots in the city between the hours of ten p.m. on any day and sunrise of the immediately following day. This section does not apply when:

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

B. The minor is on an errand directed by his or her parent or guardian or other adult person having the care or custody of the minor, or by his or her spouse, eighteen years of age or older, without any detour or stop;

C. The minor is attending or returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, sporting event or school activity, without any detour or stop;

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

E. The minor is attending school, religious, recreational or civic functions;

F. The minor is in a motor vehicle involved in interstate travel;

G. The minor is married, has been previously married or has been declared emancipated pursuant to California law;

H. The minor is on the property or sidewalk abutting the minor's residence;

I. The minor is involved in an emergency; or

J. The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and freedom of assembly.

(Ord. 2170 § 3 (part), 1997: Ord. 1983 § 1, 1989: prior code § 4221)

A. As used in this section:

"Display for sale" means placed within reach and accessible to persons under age of eighteen years or the public and does not include the shelving or storage of magazines, books or publications reasonably beyond the reach of customers or the public.

"Knowingly" means being aware of the character of the material either directly, or because of its outward appearance or its reputation.

"Person" means any individual, partnership, firm, association, corporation or other legal entity.

"Sexually explicit material" means a photograph or pictorial representation of a person's genitals or anus or of any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, which when to the average person such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront.

B. No person shall knowingly display for sale, or knowingly cause or permit to be displayed for sale, in any business open to persons under the age of eighteen years not accompanied by a parent or guardian, any magazine, book or other publication containing illustrations of sexually explicit material unless such magazine, book or other publication is stapled closed, sealed in a wrapper, or is by any other means sealed in such a manner as to prevent its being opened prior to sale.

C. No person shall knowingly display the cover of a book, magazine, or other publication which cover illustrates sexually explicit material in a place where such cover may be readily viewed by persons under the age of eighteen years. Such cover shall be covered from view when displayed in such locations.

D. The provisions of subsection C of this section shall not apply to any business which is not open to persons under the age of eighteen and which has a sign posted at each door intended for public entrance which shall read:

Notice, this business displays sexually explicit materials. Admission of persons under eighteen years of age unless accompanied by a parent or guardian is prohibited.

The letters composing such sign each shall be a minimum of three inches high.

(Prior code §§ 4460 and 4461)

It is unlawful for any minor under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education to be present in or upon the public streets, avenues, highways, roads, alleys, sidewalks, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement or eating places, parking lots or vacant lots in the city during the minor's school hours. This section does not apply when:

A. The minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor;

B. The minor is involved in an emergency;

C. The minor is going to or coming directly from his or her place of employment or a medical appointment;

D. The minor has permission to leave school campus for lunch or for a school-related activity and has in his or her possession a valid off-campus permit issued by the school;

E. The minor is exempt from compulsory education as enumerated in Education Code Section 48410;

F. The minor is exempt from compulsory education as enumerated in Education Code Sections 48220 et seq.; including, but not limited to, a minor receiving instruction at home pursuant to Education Code Sections 482222, 48224, 51745 or other applicable provisions of state law, or is otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code;

G. The minor is conducting activities which are "excused" for justifiable personal reasons within the meaning of Education Code Section 48205;

H. The minor is going directly to or from an event or activity sponsored, sanctioned or arranged by the school;

I. The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and freedom of assembly; or

J. The minor is not a resident of the city and possesses a valid passport, visitor's visa or other form of identification to establish the minor is temporarily visiting with the city, or the minor is in a motor vehicle involved in interstate travel.

(Ord. 2170 § 3 (part), 1997: Ord. 2144 § 2, 1996)

A. Violation. Notwithstanding any other provisions of this code, when a person under the age of eighteen years is charged with a violation of this section, and peace officer issues a notice to appear in juvenile court to that minor, 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.

B. Penalties for Violation. Any person convicted of wilfully violating this section is guilty of an infraction punishable by a fine not to exceed one hundred thirty-five dollars and/or twenty-seven hours of community service; or such other punishment as may be approved by the municipal court from time to time. Community service shall be served during a time other than the minor's hours of school attendance or employment.

C. Before taking any action to enforce the provisions of this section, police officers shall ask the apparent offender's age and reason for being out in a public place during curfew hours. The officer shall not issue a citation or make an arrest for a violation of this ordinance unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exceptions apply.

(Ord. 2170 § 3 (part), 1997)

A. Determination by Court. When, based on a finding of civil liability or criminal conviction for violations of curfew pursuant to Welfare and Institutions Code Section 625.5, daytime loitering (truancy) or wilful misconduct in violation of Welfare and Institutions Code Section 602, a minor under eighteen 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 Montebello 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 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 Welfare and Institutions Code Section 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 Montebello police department, may be 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 section may, within fifteen 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 chief of police or his 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 thirty days after notice of the decision of the hearing officer.

(Ord. 2144 § 3, 1996)

For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section.

"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to the following: a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"Guardian" means: (1) a person who under court order is the guardian of minor, or (2) a public or private agency with whom the minor has been placed by a court order, or (3) a person at least eighteen years of age exercising care and custody of a minor.

"Minor" means any person under the age of eighteen years of age.

"Parent" means a person who is a natural parent, adoptive parent or a stepparent of another person.

"Public place" means any place to which the public or any substantial group of the public has access including but not limited to, sidewalks, streets, highways, beaches, parks, playgrounds and common areas of schools, hospitals, apartments, houses, office buildings, transport facilities, theaters, game rooms, shops, shopping malls, or any other public place of business.

"Street" means a way or place, of whatever nature, open to the use of the public as a matter of right for the purpose of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term "street" includes the legal right-of-way, including but not limited to the traffic lanes, curbs, sidewalk whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term "street" applies irrespective of what the legal right-of-way is formally called, whether alley, avenue, court, road, or otherwise.

(Ord. 2170 § 3 (part), 1997)