Rialto Municipal Code Ch. 9.78 Truancy Prevention

The purpose of this chapter is to reduce the incidence of juvenile truancy that plagues our schools and creates a burden upon the health, safety and welfare of the community. Students who are absent from school are denied an education; unexcused absences result in a loss of state and federal funding to the detriment of all students; unsupervised students may involve themselves in unsafe activities by loitering in residential neighborhoods, business districts or industrial centers; some unsupervised students may engage in criminal activity to the detriment of the community; further, some unsupervised students may become a burden on police who must return them to school, wait for parents to pick them up, and investigate any and all criminal activity related to the student's truancy. As a result, therefore, the city council has found and determined that a special need exists for the institution of a truancy ordinance to prohibit any minor, under the age of eighteen, who is subject to compulsory education or to compulsory continuation education, subject to specific exceptions provided for herein, to loiter in or play upon the public streets, highways, roads, alleys, parks, playgrounds, unsupervised areas at public school campuses, parking areas, or other public grounds between the hours of seven-thirty a.m. and two-thirty p.m. on days when said student's school is in session. It is further the intent of the city council to provide appropriate criminal sanction against any minor who violates the provisions of this chapter by making such violation an infraction.

(Ord. 1397 § 1 (part), 2006: Ord. 1283 § 1, 1998; Ord. 1230 (part), 1995)

A. It is unlawful for any minor under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education, alone or in concert with others, to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, unsupervised areas at public school campuses, parking areas, or other public grounds, public places, places of amusement and eating places, vacant lots or other unsupervised places, or any place open to the public between the hours of seven-thirty a.m. and two-thirty p.m. of the same day on days when said minor's school is in session.

B. Exceptions. The provisions of this section shall not apply:

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

2. 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; or

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; or

4. To any minor who has permission to leave school campus for lunch or school-related activity and has in his or her possession a valid, school issued, off-campus permit; or

5. When the minor is exempt by law from compulsory education or compulsory continuation education; or

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

C. Each violation of the provisions of this section shall constitute a separate offense and shall be an infraction unless the minor requests that a petition file under Section 601 or 602 of the California Welfare and Institutions Code.

D. Any person convicted of wilfully violating this chapter is guilty of an infraction punishable by a fine not exceeding two hundred fifty dollars and/or to perform community service for a total time not to exceed twenty hours over a period not to exceed thirty days, during times other than his or her hours of school attendance or employment.

Notwithstanding any other provisions of this code, when a person under the age of eighteen years is charged with a violation of this chapter, and a peace officer issues a notice to appear in court to that minor pursuant to California Welfare and Institutions Code Section 256, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the California Welfare and Institutions Code.

(Ord. 1397 § 1 (part), 2006: Ord. 1289 § 1, 1999; Ord. 1283 § 2, 1998; Ord. 1230 (part), 1995)

A. It is unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education, to permit the minor alone or in concert with others, to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, unsupervised areas at public school campuses, parking areas, or other public grounds, public places, places of amusement and eating places, vacant lots or other unsupervised places, or any place open to the public between the hours of seven-thirty a.m. and two-thirty p.m. of the same day on days when said minor's school is in session.

B. Each violation of the provisions of this section shall constitute a separate offense and shall be an infraction.

C. Any person convicted of wilfully violating this chapter is guilty of an infraction punishable by a fine not exceeding one thousand dollars and/or to perform community service for a total time not to exceed one hundred twenty hours over a period not to exceed ninety days.

(Ord. 1397 § 1 (part), 2006: Ord. 1283 § 3, 1998; Ord. 1230 (part), 1995)

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. 1230 (part), 1995)