San Diego County Municipal Code Ch. 7 Daytime Loitering of Juveniles on School Days

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*Note--Chapter 7, titled MARATHONS and consisting of Sections 32.701--32.702, repealed by Ord. No. 5200 (N.S.), effective 8-10-78; new Chapter 7, titled CONSUMER COMMODITIES PRICE MARKING, consisting of Sections 32.701--32.705, added by Ord. No. 5701 (N.S.), effective 3-20-80; repealed by Ord. No. 8312 (N.S.), effective 11-4-93; amended by Ord. No. 9970 (N.S.), effective 3-12-09, as new Chapter 7, titled DAYTIME LOITERING OF JUVENILES ON SCHOOL DAYS, consisting of Sections 32.701—32.706. (Provisions previously codified at § 32.1301 et seq.)

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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 and 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 also engage in criminal activity to the detriment of the community and may become a burden on police who must return them to school, wait for parents to pick them up and investigate criminal activity related to the student's truancy. Thus, a special need exists for a County ordinance to prohibit juvenile truancy and impose appropriate criminal sanctions against any juvenile or parent who violates this chapter.

(Added by Ord. No. 8688 (N.S.), effective 7-4-96; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

The following definitions shall apply to this chapter:

(a) "Juvenile" means any person under 18 years of age.

(b) "Parent" means a person who is the natural or adoptive parent of a juvenile or a court appointed guardian or other person 18 years of age or older authorized by the juvenile's parent, by a court order or by a court appointed guardian to have the care and custody of a juvenile.

(c) "Emergency" includes but is not limited to fire, natural disaster, automobile accident or requirement for immediate medical care for another person.

(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 and the common areas of schools, hospitals, office buildings, transport facilities, shopping centers and malls.

(e) "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.

(Added by Ord. No. 8688 (N.S.), effective 7-4-96; amended by Ord. No. 9738 (N.S.), effective 10-27-05; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

(a) It is unlawful for any juvenile who is subject to compulsory education or to compulsory continuation education to loiter, idle, wander or be in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings or the premises of any establishment, vacant lots or any unsupervised place between the hours of 8:30 a.m. and 1:30 p.m. on any day when school is in session for that juvenile.

(b) It is a defense to prosecution under this chapter if:

(1) The juvenile is accompanied by the juvenile's parent.

(2) The juvenile is on an emergency errand directed by the juvenile's parent.

(3) The juvenile is going directly to or coming directly from the juvenile's place of school- approved employment.

(4) The juvenile is going to or coming directly from a medical appointment.

(5) The juvenile has permission to leave the school campus for lunch and possesses a valid, school-issued, off-campus permit.

(6) The juvenile is going directly to or coming from a compulsory alternative education program activity.

(7) The juvenile is attending or, without any detour or stop, going to or returning from an official school, religious, government-sponsored activity or other recreational activity supervised by adults.

(8) The juvenile is attending or, without detour or stop, going to or returning from an event or activity directly related to the medical condition of a parent.

(9) The juvenile is officially enrolled in home schooling.

(10) The juvenile has passed a general educational development test and received a California high school equivalency certificate.

(Added by Ord. No. 8688 (N.S.), effective 7-4-96; amended by Ord. No. 9738 (N.S.), effective 10-27-05; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

It is unlawful for the parent of any juvenile to knowingly allow or by insufficient control allow the juvenile to violate section 32.703(a).

(Added by Ord. No. 8688 (N.S.), effective 7-4-96; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

(a) If a peace officer determines a violation of section 32.703(a) has occurred, the peace officer may issue a citation to the juvenile and may detain the juvenile until the juvenile can be placed in the care and custody of the juvenile's parent or may transport the juvenile to the juvenile's home or to the school from which the juvenile is absent. If the peace officer issues a citation, the juvenile and a parent shall appear in court as directed in the citation. The peace officer shall advise the juvenile's parents that the juvenile was cited for a violating section 32.703(a) and shall warn the parents of their responsibility and liability under this chapter. The first citation to a juvenile under this chapter shall be an infraction. Any subsequent violation by a juvenile after a conviction for an infraction shall be charged as a misdemeanor if the offense is committed within 36 months of the conviction for an infraction.

(b) After a parent has been previously warned as set forth in subsection (a) above, a peace officer may issue a citation for an infraction to the parent if a juvenile over whom they have care and custody commits a subsequent violation of section 32.703. If both parents have been warned, the peace officer my issue a citation to both parents.

(c) After a parent has previously been convicted of an infraction charged under subsection (b) above, a peace officer may issue a citation for a misdemeanor to the parent if a juvenile over whom the parent has care and custody commits a subsequent violation of section 32.703(a) within 36 months of the date of the conviction for an infraction under subsection (b) above. If both parents have been convicted of an infraction, a peace officer may issue a citation for a misdemeanor to both parents.

(Added by Ord. No. 8688 (N.S.), effective 7-4-96; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

(a) A juvenile convicted under this chapter may be punished by a fine or by a requirement to perform County, city or school-approved work projects or community service or both. If a juvenile is required to perform a project, the total time for performance shall not exceed 20 hours over a period not to exceed 60 days, and shall be during times other than the juvenile's hours of school attendance or the juvenile's hours of employment.

(b) Any parent convicted under this chapter may be punished as provided in section 11.116 of this code.

(Added by Ord. No. 8688 (N.S.), effective 7-4-96; amended by Ord. No. 9970 (N.S.), effective 3-12-09)