§ 5-7

As used in this chapter: (a) “Emergency” means the unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to fire, natural disaster, automobile accident or requirement for immediate medical care for another person. (b) “Establishment” means any privately owned place of business operated for a profit to which the public is invited, including but not limited to, any eating place, place of amusement or entertainment. (c) “Minor” means any person under eighteen (18) years of age who is not emancipated pursuant to law. (d) “Parent” means a person who is the natural or adoptive parent of a person. This includes a court appointed guardian or other person eighteen (18) years of age or older authorized by the parent, by a court order or by a court appointed guardian to have the care and custody of that minor. (e) “Public place” means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, parks and the common areas of schools, vacant lots, hospitals, office buildings, transport facilities, shopping centers, and malls. (§ 1, Ord. 2497, eff. March 21, 1991, as amended by § 1, Ord. 2688, eff. May 20, 1999)

It is unlawful for any person under the age of eighteen (18) years to remain on or about any public street, avenue, alley, park or other public place between the hours of 10:00 p.m. and the time of sunrise the following day unless: (a) The minor is accompanied by his or her parent or a guardian having legal custody and control of the minor; or (b) The minor has been emancipated under the Emancipation of Minors Law (Cal. Family Code §§ 7000 et seq.); or (c) The minor is upon an errand directed by his or her parent or a guardian having legal custody and control of the minor; or (d) The minor is returning directly home from a public meeting, or public place, such as a library, or a place of public entertainment, such as a movie, play, sporting event, dance or school activity; or (e) The presence of the minor in said place or places is connected with or required with respect to a business, trade, profession, or occupation in which said minor is lawfully engaged; or (f) The minor is involved in an emergency which may include an unforeseen combination of circumstances related to a fire, natural disaster, automobile accident or requirement for immediate medical care for another person; or (g) The minor is on the sidewalk directly adjacent to the minor’s residence; or (h) The minor is exercising First Amendment rights protected by the United States Constitution.

(§ 1, Ord. 843, eff. May 18, 1949, as amended by § 1, Ord. 2497, eff. March 21, 1991, Ord. 2645, eff. December 3, 1997, § 1, Ord. 2688, eff. May 20, 1999)

It shall be unlawful for any parent, guardian or other person having the legal care, custody or control of any person under the age of eighteen (18) years to permit such person to violate the provisions of this chapter. (§ 2, Ord. 843, eff. May 18, 1949, as amended by § 1, Ord. 2497, eff. March 21, 1991, § 1, Ord. 2688, eff. May 20, 1999)

It is unlawful for any minor, who is subject to compulsory full-time education or to compulsory continuation education under State law, to remain in or upon any public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, or the premises of any establishment, vacant lots, or other place away from his or her place of residence, during the hours and on days when the minor’s school is in session. The provisions of this section do not apply if: (a) The minor is accompanied by his or her parent, legal guardian or other adult having the care and custody of the minor; or (b) The minor is on an emergency errand directed by a parent, legal guardian or other adult having care and custody of the minor; or (c) The minor is going to or returning directly from his or her place of lawful employment; or (d) The minor is going to or returning from a medical appointment; or (e) The minor is a student who has permission to leave the school campus for lunch or school related activity, and has in his or her possession a valid, school-issued, off-campus permit; or (f) The minor is going to or returning from a compulsory alternative education program activity; or (g) The minor is attending or, without any detour or stop, going to or returning from an official school, religious, government-sponsored activity, or other recreational activity supervised by adults; or (h) The minor is attending or, without any detour or stop, going to or returning from an event or activity directly related to the medical condition of the parent or legal guardian; or (i) The minor is officially enrolled in home schooling; or (j) The minor is exempt by law from compulsory education or compulsory continuation education; or (k) The minor is authorized to be absent from his or her school pursuant to the provisions of Cal. Educ. Code § 48205, or any other applicable State or Federal law. (§ 1, Ord. 2603, eff. December 7, 1995, as amended by Ord. 2645, eff. December 3, 1997, § 1, Ord. 2688, eff. May 20, 1999)

(a) Purpose. The City finds and determines that minors who are repeatedly detained and taken into custody by police personnel for violating curfew and daytime loitering laws impose an extraordinary burden on Police Department manpower and resources. Police officers supervising detained minors are unavailable to carry out police duties in the field, causing decreases in levels of police protection and public safety in the community. The purpose of this section is to defray the reasonable costs the City incurs to provide extraordinary police services to respond to, detain and supervise repeat curfew and daytime loitering violators.

(b) Definitions. As used in this section, the following terms shall have the following meanings: (1) “Repeat curfew or daytime loitering violator” means any minor: (i) who has been detained and taken into custody by City police personnel on more than one (1) occasion in a twelve (12) month period for violating § 5-7.02 or § 5-7.04 of this chapter; and (ii) who has been reprimanded by the San Bernardino Juvenile Court because the court finds that the minor violated § 5-7.02 or § 5-7.04 of this chapter on more than one (1) occasion in a twelve (12) month period. (2) “Responsible party” means any parent, legal guardian or other person in charge or control of a repeat curfew violator. (c) Police services fee established: Debt to City. (1) A responsible party shall be liable for a police services fee whenever the City’s police personnel respond to, detain and supervise a repeat curfew or daytime loitering violator. The City Council shall establish the amount of the police services fee by resolution. (2) The police services fee charged to a responsible party shall be a debt to the City by the responsible party. Any responsible party owing money to the City pursuant to this section shall be liable in an action brought by the City in its own name to recover such amount, including reasonable attorneys’ fees. (d) Billing. The Chief of Police or his or her designee shall notify the Finance Department in writing of: (i) the name and address of the responsible party; (ii) the date and time of the initial violation and of the repeat violation of § 5-7.02 or § 5-7.04 of this chapter; (iii) the names of the police personnel who responded to, detained and supervised the repeat curfew or daytime loitering violator; and (iv) the date that the repeat curfew or daytime violator was reprimanded by the San Bernardino Juvenile Court for the repeat violation. The Finance Department may adopt administrative procedures for the purposes of implementing the provisions of this section. (e) Appeal. Any responsible party who receives a bill from the Finance Department pursuant to this section may within fifteen (15) days after receiving such bill file a written request with the City Clerk appealing the bill. The written appeal shall state the grounds for such appeal and the specific facts and basis for the appeal. The responsible party is deemed to have received a bill on the third day following the date that the Finance Department caused the bill to be placed in the United States mail. The City Manager, or his or her designee, shall review any written appeal filed with the City Clerk pursuant to this section and shall prepare a written decision on the appeal within thirty (30) days from the date that the written appeal is received by the City Clerk. All decisions by the City Manager or his or her designee shall be final. (§ 2, Ord. 2603, eff. December 7, 1995, as amended by § 1, Ord. 2688, eff. May 20, 1999)

CHAPTER 8: PINBALL GAMES AND SIMILAR AMUSEMENT MACHINES (REPEALED) *

CHAPTER 8: PINBALL GAMES AND SIMILAR AMUSEMENT MACHINES (REPEALED) *

• Sections 5-8.01 through 5-8.03, codified from Ord. 1446, eff. November 16, 1961, repealed by § 1, Ord. 1895, eff. May 20, 1976.

CHAPTER 9: TRESPASSING

CHAPTER 9: TRESPASSING

5-9.01 Trespasses upon private property prohibited