Pinole Municipal Code Ch. 9.16 Offenses by or Against Minors

It is unlawful for any minor under the age of eighteen years to loiter, wander, play or remain in or upon the public streets, highways, roads, alleys, squares, or other public grounds, public places, public lots, vacant lots or any unsupervised place open to the public, from Sunday through Thursday between the hours of eleven p.m. (11:00 p.m.) to five a.m. (5:00 a.m.) the following morning and Friday and Saturday and during the period of summer vacation of the public, elementary and high schools within the city, between the hours of twelve a.m. (12:00 a.m.) to five a.m. (5:00 a.m.) the following morning. This Chapter shall not affect the applicability of Chapter 12.08.020 of Title 12 of the Pinole Municipal Code.

A. The provisions of this chapter do not apply when:

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

2. The minor is on an errand without detour or stop, directed by his or her parent or parents, legal guardian or other adult person having care or custody of the child, or by his or her spouse eighteen (18) years of age or older;

3. The minor is attending an organized associational activity, such as a school meeting, class or sporting event, religious meeting, dance, concert, theatrical performance, or similar event, or a place of public entertainment or commercial business such as a movie, play, sporting event, bookstore, restaurant, or other business, or other constitutionally protected activity or is engaged in reasonable and direct travel to and from those activities or going to and from a private party or private residence;

4. The minor is acting within the course and scope of his or her employment, or volunteer activity or is engaged in reasonable and direct travel to and from his or her place of employment or volunteer activity.

5. The minor is driving or riding in a motor vehicle or riding on public transportation, or waiting at a train or bus station for transportation;

6. The minor is on the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;

7. The minor is responding to an emergency, the nature of which requires the minor to be out of doors in order to preserve and protect the health or safety of his or her person or the health and safety of another person;

8. The minor is emancipated in accordance with the California Family Code or other applicable state law.

B. Nothing in this chapter shall be interpreted to preclude minors from being in a public place for the purpose of exercising the rights guaranteed by the First Amendment of the United States Constitution and by Article I, Section 2, 3, and 4 of the California Constitution, including the free exercise of religion, freedom of speech, the right of assembly, and the right of petition.

C. Violation of any provision of this chapter may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.

1. Violation of any provision of this chapter shall constitute an infraction punishable by a fine not to exceed one hundred dollars ($100.00) for the first violation, a fine not to exceed two hundred dollars ($200.00) for the second violation within one (1) year, and a fine not to exceed five hundred dollars ($500.00) for each additional violation within one (1) year. There shall be a separate infraction for each day on which a violation occurs. The city shall recover costs and attorney's fees incurred in connection with enforcement of this chapter. The city shall furnish notice of any citation for an infraction under this section to the parent or legal guardian of the minor who committed the infraction. The fines imposed under this section will not be invalidated in the event that the minor's parent or legal guardian does not receive or was not sent notice of the citation or the fines associated therewith.

2. Enforcement pursuant to this section shall be undertaken by the city through its Police Department and the City Attorney. (Ord. 2005-03 § 1, 2005; Ord. 267 § 1, 1969).

It shall be unlawful for any minor subject to compulsory full-time 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 between the hours of eight a.m. (8:00 a.m.) and two p.m. (2:00 p.m.) when absent from school within the city without lawful excuse as defined in Section C. below.

A. Authority. The authority of this Chapter is based upon the police power granted to the city by the Constitution of the State of California, Article XI, Section 7.

B. Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:

1. "Emergency" shall mean an unforeseen combination of circumstances or the resulting state that justifies immediate action. Emergency includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation justifying immediate action to prevent serious bodily injury, loss of life or damage to property.

2. "Guardian" shall mean:

a. A person who, under court order, is the guardian of the person of a minor and may, under appropriate circumstances, include a person who, under court order, is the guardian of the estate of a minor; or

b. A public or private agency with whom a minor has been placed by order of a court of competent jurisdiction; or

c. A person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of the minor.

3. "Minor" shall mean any person less than eighteen (18) years of age.

4. "Parent" shall mean a person who is a natural, adoptive, legal, or step- parent of a minor.

C. Exemptions. This section shall not apply to the following circumstances:

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

2. When the minor is on an emergency errand directed by his or her parent, guardian, or other adult person having care or custody of the minor.

3. 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.

4. 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.

5. 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 lawfully engaged, such as a work study or work experience program, subject to verification by a proper school authority.

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

7. 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.

8. 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.

D. Enforcement - Penalties.

1. A violation of any section in this section is an infraction and not a misdemeanor.

2. The fine for this violation shall be fifty dollars ($50.00) upon a conviction for the first offense, one hundred dollars ($100.00) upon conviction for the second offense within one (1) calendar year of the first offense, and two hundred dollars ($200.00) upon a conviction for the third offense within one (1) year from the second offense. (Ord. 2009-07 § 2, 2009)

No person in the city shall sell, barter or give tobacco or e-cigarettes, in any form to any minor under the age of twenty-one (21) years and no minor under the age of twenty-one (21) shall smoke tobacco, e-cigarettes, or cigarettes in any public place or place open to public view in the city. (Ord. 2017-04 § 2 (part), 2017; Prior code § 144).