Newark Municipal Code Ch. 9.40 Daytime Curfew

A. State law requires all persons between the ages of six and eighteen to attend school. Regular school attendance provides important benefits not only to the students themselves but also to the health, safety, and welfare of all residents within the city. Regular school attendance promotes employability upon graduation and reduces delinquency as well as the potential for future dependence upon public assistance.

B. The community as a whole suffers when a minor student is not attending school. Truancy or unexcused absenteeism from school results in a loss of educational opportunities to the student and a loss of revenue to the school. Truancy also often leads to vandalism, petty theft, daytime burglaries, and other criminal activity. Truants often tend to loiter in and about public places; frequently, persons going about their lawful business as well as public property become targets of the delinquent behaviors of truants when they should be in school.

C. It is the intent of the city council of the City of Newark, by this chapter and in cooperation and coordination with the Newark Unified School District, by the exercise of the city's traditional curfew powers over minors, to establish and enforce a curfew upon minors of school age on school days during the hours between eight a.m. and two p.m., with stated exceptions, so as to provide protection for the community and public property from deleterious effects of truancy. This is not intended to abridge or interfere with the lawful rights of parents or other legal guardians or to contravene or supersede the laws of the state of California dealing with such matters.

D. This article may be cited as the "Newark Youth Protection Ordinance."

(Ord. 423 § 2 (part), 2007)

It is unlawful for any minor subject to compulsory full-time education or to compulsory continuation education to be found away from his or her home between the hours of eight a.m. and two p.m. when absent from school within the city without lawful excuse as defined herein in Section 9.40.030.

(Ord. 423 § 1 (part), 2007)

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

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.

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.

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

E. When the minor is going or coming directly to or from a school approved or school related business, trade, profession, occupation or program in which the minor is lawful engaged, such as work study or work experience program, subject to verification by a proper school authority.

F. When the minor is exempt by law from compulsory education or compulsory continued education.

G. When the minor is authorized to be absent from his or her school under the provisions of California Education Code Section 48205, or any applicable state or federal law.

H. When the minor is going directly to or from an event or activity that is directly related to any medical condition of a parent or other adult person having the care and custody of the minor.

(Ord. 423 § 1 (part), 2007)

A. A violation of this chapter is an infraction and not a misdemeanor.

B. The fine for this violation shall be fifty dollars for the first offense, one hundred dollars for the second offense within one calendar year of the first offense, and two hundred dollars for the third offense within one year from the second offense.

C. A peace officer or probation officer may assume temporary custody, during school hours, of any minor subject to compulsory full-time education or to compulsory continuation education found away from his or her home and who is absent from school without a valid excuse within the City of Newark and return such minor to their school of registration.

D. This section shall not be construed to limit the authority of the court to render any disposition authorized by Welfare and Institutions Code Section 258, subdivision (a) or any other provision of the Juvenile Court Law for violation of this chapter.

(Ord. 423 § 1 (part), 2007)