San Bernardino Municipal Code Ch. 9.69 Daytime Loitering

(A) Minors on public streets. It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or compulsory continuation education to be or remain in or upon public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, school property to which they are not assigned, places of amusement and eating places, vacant lots or any unsupervised place during the hours for which said minor is normally assigned to his or her school on days when said school is in session.

(B) Responsibility of parents, guardians and the like. It is unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 18 years, who is subject to compulsory education or to compulsory continuation education, to permit the minor alone or in concert with others, to be or remain in or upon the public streets, highways, roads, alleys, parks, playgrounds, 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 8:30 a.m. and 2:30 p.m. of the same day on days when said minor’s school is in session.

The provisions of § 9.69.010 shall not apply:

(A) To a minor who is accompanied by his or her parent, legal guardian or other adult person having care or custody of the minor;

(B) To students who have permission to leave school campus for lunch or school related activity and have in their possession a valid school-issued written notice by a school official, but only for a reasonable period of time necessary for the lunch or activity;

(C) To a minor who is going to or coming from his or her gainful place of employment or medical or dental appointment with verification of said employment or appointment;

(D) To a minor who is upon an emergency errand directed by his or her parents, guardian or other adult person having the care and custody of the minor;

(E) To a minor who is going directly to or from a school sponsored event or activity such as a sporting event, field trip or other such school activity; or

(F) To a minor who is going directly to or from an event or activity that is directly related to any medical condition of a parent, guardian or other adult person having the care and custody of the minor.

Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place during school hours. 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, and no exception enumerated in § 9.69.020 is present.

Each violation of this chapter is a misdemeanor.

(Ord. MC-996, passed 6-17-1997)