Rialto Municipal Code Ch. 9.76 Loitering

Footnotes:

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Prior ordinance history: Ords. 763 and 1234.

A. "Curfew hours" means:

1. Eleven p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until six a.m. on the following day; and

2. 12:01 a.m. until six a.m. on any Saturday or Sunday.

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

C. "Establishment" means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to any place of amusement or entertainment.

D. "Guardian" means:

1. A person who, under court order, is the guardian of the person of a minor; or

2. A public or private agency with whom a minor has been placed by a court.

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

F. "Operator" means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

G. "Parent" means a person who is:

1. A natural parent, adoptive parent, or step parent of another person;

2. At least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.

H. "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, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

I. "Remain" means to:

1. Linger or stay; or

2. Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

(Ord. 1264 (part), 1997)

A. A minor commits an offense if (s)he remains in any public place or on the premises of any establishment within the city during curfew hours.

B. A parent or guardian of a minor commits an offense if (s)he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

(Ord. 1264 (part), 1997)

It is a defense to prosecution under Section 9.76.020 that the minor was:

1. Accompanied by the minor's parent or guardian;

2. On an errand at the direction of the minor's parent or guardian, without any detour or stop;

3. In a motor vehicle involved in interstate travel;

4. Engaged in employment activity, or going to or returning home from an employment activity, without any detour or stop;

5. Involved in an emergency;

6. On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;

7. Going directly to, attending or returning directly home from an official school, religious or other recreational activity supervised by adults and sponsored by the city of Rialto, a civic organization or another similar entity that takes responsibility for the minor;

8. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or

9. Is married or is a fully emancipated minor in accordance with Family Code Section 7000-7110.

(Ord. 1264 (part), 1997)

Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 9.76.030 is present.

(Ord. 1264 (part), 1997)

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared severable.

(Ord. 1264 (part), 1997)