Pomona Municipal Code § 34-267 Loitering of minors during school hours

It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or to compulsory continuing education, to be in or upon a public street, avenue, highway, road, curb area, alley, park, playground, or other public place or public building, place of amusement or eating establishment or vacant lot during the hours of 8:30 a.m. and 1:30 p.m. on days when the minor's school is in session. This section does not apply when the minor:

(1) Is accompanied by his parent, guardian, or other adult person having the care or custody of the minor;

(2) Is on an emergency errand directed by his parent or guardian or other adult person have care or custody of the minor;

(3) Is going or coming directly from or to his place of gainful employment or to or from a medical appointment;

(4) Has permission to leave the school campus for lunch or a school-related activity and has in his possession, a valid, school-issued, off-campus permit;

(5) Is exempt by law from compulsory education or compulsory continuation education; or

(6) Is authorized to be absent from his school pursuant to the provisions of Education Code § 48205 or any other applicable state or federal law.

(Ord. No. 4038, § 1, 9-19-2005)

(a) Determination by a court. When, based on a finding of civil liability or criminal conviction for violations of curfew pursuant to Welfare and Institutions Code § 625.5, daytime, curfew (truancy) or willful misconduct in violation of 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 such detention requires the supervision of the juvenile offender by police department employees, the parent or legal guardian having custody or control of the minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by the police department.

(b) Determination by chief of police. As determined by the chief of police, the parent or legal guardian of a minor committing any public offense amounting to an act of willful misconduct in violation of 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 police department, may be assessed and billed for the cost of providing such personnel for such services beyond those normally provided by the police department.

(c) Appeal. Any person receiving a bill for police services pursuant to this section, may within 15 days after the billing date, file a written request appealing the imposition of the charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal the billing. Any appeal regarding such billing shall be heard by the city manager, as the hearing officer. Within ten days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon filing of a request for an appeal, payment of the bill for the police services shall be suspended until notice of decision of the hearing officer is given. 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.

(Ord. No. 4038, § 1, 9-19-2005)