Rolling Hills Municipal Code Ch. 9.34 Daytime Curfew

For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

A. "Custodial person" means any parent or legal guardian of the minor, or any person eighteen years of age or older who is authorized by a parent or legal guardian to take care and have custody of the child.

B. "Emergency" means an 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 any situation requiring immediate action to prevent serious bodily injury or loss of life.

C. "Minor" means a person under the age of eighteen years.

D. "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.

(Ord. 276 § 2(part), 1999).

Unless the minor meets one or more of the exceptions set forth in Section 9.34.030 of this chapter, it is a misdemeanor for any minor subject to compulsory education or compulsory continuation education to be present between the hours of eight-thirty a.m. and one-thirty p.m. of the same day, on days when the minor's school is in session, in or upon any of the following places: (i) any public or private street, road, drive, alley, or trail; (ii) any public or community park or recreation area; (iii) any public ground, place, or building; or (iv) any vacant lot or abandoned or vacant building.

(Ord. 276 § 2(part), 1999).

The curfew in Section 9.34.020 shall not apply if the minor is:

A. Accompanied by a custodial person;

B. On an errand directed by, and in possession of a written excuse from, a custodial person;

C. Engaged in or going directly to or returning directly from a school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, or any other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization, or a similar entity that takes responsibility for the child;

D. Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such lawful employment activity;

E. Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person;

F. Involved in an emergency or seeking medical assistance;

G. Exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution when a minor has in his or her possession written permission from a custodial person to engage in such activity;

H. In the right-of-way abutting the minor's residence, provided there are not complaints regarding the minor's conduct;

I. In a motor vehicle involved in interstate travel; or

J. Emancipated pursuant to State Law and California Family Code Section 7000, et seq. by virtue of being, including but not limited to, married or in the military service.

K. In possession of a valid, school-issued, off campus permit giving permission to leave campus;

L. Receiving instruction by a qualified tutor pursuant to Education Code Section 48224;

M. Otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code;

N. On an excused absence from school due to any of the circumstances set forth in Section 48205 of the California Education Code, or any other applicable state or federal law.

(Ord. 276 § 2(part), 1999).

Every custodial person who allows or permits a minor in his or her custody to violate any provision of Section 9.34.020 is guilty of a misdemeanor.

(Ord. 276 § 2(part), 1999).

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor which is punishable by the general penalty of Section 1.08.020(A) of the Rolling Hills Municipal Code; provided, however, a court may order the following instead of a fine:

A. Community service: (i) for no more than ten hours for the first violation; (ii) for no less than ten hours and no more than twenty hours for the second violation; and (iii) for no less than twenty hours and no more than fifty hours for each additional violation of this chapter committed within one year after the second violation of the chapter; or

B. Parenting classes.

(Ord. 276 § 2(part), 1999).

A deputy of the Los Angeles County Sheriff's Department shall ask the age of an apparent offender and his or her reason for being on the premises or property during school hours. The deputy shall not issue a citation or make an arrest unless the deputy reasonable believes that an offense has occurred and that none of the exceptions set forth in Section 9.34.030 apply.

(Ord. 276 § 2(part), 1999).

Nothing in this chapter shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this chapter not been enacted.

(Ord. 276 § 2(part), 1999).