San Bruno Municipal Code Ch. 6.14 Juvenile Daytime Curfew

The city council hereby finds and determines that the adoption of this chapter is necessary to protect the public, health, safety and general welfare and makes the following findings in support thereof:

A. The city council has determined that there has been a significant breakdown in the supervision and guidance normally provided by parents for juveniles resulting in an increase in crimes and other unacceptable behavior.

B. The city has an interest in combating truancy, protecting juveniles, and encouraging school attendance.

C. The city council finds that assuring the exercise of parental responsibility for the whereabouts of children is desirable.

(Ord. 1699 § 1, 2005; Ord. 1897 § 3, 2021)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Curfew hours"

are the hours of eight-thirty a.m. to two p.m. on days when school is in session unless the school has authorized early dismissal of students.

"Emergency"

means an unforeseen circumstance or 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 requiring immediate action to prevent serious bodily injury or loss of life.

"Juvenile"

means any juvenile less than eighteen years of age who is subject to compulsory education or to compulsory continuing education.

"Parent"

is any person having legal custody of a juvenile: (1) as natural or adoptive parent; (2) as a legal guardian; (3) as a person who stands in loco parentis; or (4) as a person to whom legal custody has been given by court order.

"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, hospitals, apartment houses, office buildings, transportation facilities, shops, parks, playgrounds, vacant lots, retail stores, shopping centers and restaurants.

"Remain"

means: (1) to stay behind, to idle, linger, tarry, stay or be present whether on foot or in a vehicle; or (2) fail to leave when requested to do so by a peace officer or the owner, operator, or juvenile in control of the premises.

(Ord. 1699 § 1, 2005; Ord. 1897 § 3, 2021)

It is unlawful for any juvenile to be or remain in or upon a public place within the city of San Bruno during curfew hours.

(Ord. 1699 § 1, 2005; Ord. 1897 § 3, 2021)

A juvenile shall not be in violation of this section under the following circumstances:

A. When accompanied by a parent of such juvenile or by an adult authorized by a parent to take said parent's place in accompanying said juvenile for a designated period of time and purpose within a specified area;

B. When the juvenile is on an emergency errand directed by his or her parent or guardian or other adult having care and custody of the juvenile;

C. When the juvenile is going directly to, or coming directly from, his or her place for gainful employment, or an authorized appointment (e.g., dentist, medical, etc.);

D. When students who have permission to leave school campus or have in their possession a valid, school-issued, off-campus permit;

E. On a lunch period at which the juvenile may be authorized absences from campus;

F. When the juvenile is married or has been emancipated in accordance with California Family Code 7000, et seq.;

G. When the juvenile is engaging in speech or religious rights protected by the United States or California Constitutions, such as free exercise of religion, freedom of speech and the right of peaceful assembly;

H. When the juvenile is attending an off-campus official school activity, or participating in a home school program, religious, recreational, educational, social, or other organized activity sponsored by the city, school district, or other private civic or religious organization that supervises the activity; or

I. When the juvenile is off-campus because school is not in session or the juvenile's school's core hours are different than eight-thirty a.m. to two p.m.

(Ord. 1699 § 1, 2005; Ord. 1897 § 3, 2021)

It is unlawful for a parent to permit or by inefficient control to knowingly allow a juvenile to be or to remain in any public place in violation of this chapter. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent's legal custody.

(Ord. 1699 § 1, 2005; Ord. 1897 § 3, 2021)

Before taking enforcement actions under this chapter, the law enforcement officer will ask the juvenile's age and reason for being or remaining in a public place during curfew hours. If a law enforcement officer reasonably believes that a juvenile is in violation of this chapter, the law enforcement officer is authorized to temporarily detain any juvenile and transport the juvenile to the custody of his or her parent, guardian, or school. A law enforcement officer may decide not to temporarily detain and transport a juvenile if he or she reasonably believes that the juvenile falls within an exemption in this chapter, there is an extenuating circumstance, or where an officer must respond to an emergency.

(Ord. 1699 § 1, 2005; Ord. 1897 § 3, 2021)

A. Notwithstanding any other provision of this code, when a juvenile is charged with a violation of this code, and a law enforcement officer issues a notice to appear to that juvenile, the charge shall be deemed an infraction. Any juvenile who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted.

B. Any juvenile issued a citation for a violation of this chapter must appear before the traffic division of the juvenile court within the prescribed time to adjudicate the citation. A parent or guardian must accompany the juvenile who is appearing before the traffic division of the juvenile court. The hearing officer shall not adjudicate the citation and shall continue the matter until such time as a parent or guardian accompanies the juvenile.

C. Any juvenile who has been issued a citation for a violation of this chapter, who fails to appear before the traffic division of the juvenile court, may be reported to the State Department of Motor Vehicles and shall have his or her driver's license suspended until the citation is adjudicated. If the juvenile does not have a driver's license, the right to a license will be suspended until the citation is adjudicated.

D. The parent of the juvenile subject to this chapter may be held liable for any fine or condition of restitution or reparation imposed by the court provided that the parent has been served with all documents required to be served on the curfew violator.

(Ord. 1699 § 1, 2005; Ord. 1897 § 3, 2021)

A. Upon the first violation, the police may issue a juvenile a warning citation. The police chief or designated representative shall mail to the parents or legal guardian of the juvenile a notification which states that, upon a second violation, the parents or legal guardian may be held liable for administrative and transportation costs associated with transporting the juvenile back to school. The parents or legal guardian will be requested to sign and return the notification. This notification shall include a space for the explanation of any circumstances relevant to an applicable exemption from the fee as provided by subsection B of this section. The police chief or designated representative, upon review of the explanation, will determine whether the explanation is sufficient to qualify for a waiver under this chapter. The representative may request a consultation with the parents or legal guardian for the purpose of discussing the circumstances claimed to be relevant to an applicable waiver.

B. A fee for the actual costs of administrative and transportation services for the return of the juvenile to school, to his or her place of residence, or to the custody of his or her parents or legal guardian, may be charged jointly or severally to the juvenile, his or her parents or legal guardian, in an amount not to exceed those actual costs.

Any juvenile receiving a bill for police services pursuant to this chapter may, within fifteen days after the billing date, file a request for hearing on validity of said charges. Any billing sent pursuant to this section shall inform the billed party of the right to hearing. The city manager, or designee, shall act as the hearing officer. Within ten days after the hearing, the hearing officer shall give written notice of the decision. The decision may:

1. Provide for waiver of the payment of the fee by the parents or legal guardian upon a determination that the juvenile has made reasonable efforts to exercise supervision and control over the juvenile;

2. Provide for a determination of the ability to pay the fee and provide that the fee may be waived if neither the juvenile nor the parents or legal guardian has the ability to pay the fee;

3. Provide for the performance of community service in lieu of imposition of the fee; and

4. Provide for waiver of the payment of the fee by the parents or legal guardian upon a determination that the parents or legal guardian has limited physical or legal custody and control over the juvenile. Upon the filing of a request for hearing, payment of the bill for the police services shall be suspended until notice of the decision of the hearing officer.

(Ord. 1699 § 1, 2005; Ord. 1897 § 3, 2021)