San Diego Municipal Code Art. 8 Minors

Any person or corporation owning, controlling or managing any hotel, motor court or trailer court in the City of San Diego, California, who rents or lets any room or rooms to, or allows any room or rooms to be occupied by any minor under the age of seventeen (17) years, unless said minor is accompanied by his or her parent, parents or legal guardian, shall immediately by telephone, and within twenty–four (24) hours by written report, thereafter notify the San Diego Police Department of said fact. (Incorp. 1–22–1952 by O–5046, N.S., contained in O–2730 N.S. adopted 10–13– 1943.)

That it shall be unlawful for any person under the age of eighteen (18) years to use, or to have in their possession for the purpose of using, any cigars or cigarettes made of tobacco, or to use tobacco in any form. (Incorp. 1–22–1952 contained in O–764 O.S. adopted 6–19–1900 by O–5046 N.S.)

(a) Definitions. For purposes of Section 58.05:

“Adult” means any person twenty–one (21) years of age and older.

“Emergency” includes but is not limited to fire, natural disaster, automobile
accident, or requirement for immediate medical care for another person.

“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.

“Juvenile” means any person under eighteen (18) years of age.

“Parent” means a person who is the natural or adoptive parent of a person.

“Parent” includes a court–appointed guardian or other person eighteen (18)
years of age or older authorized by the parent, by a court order, or by a court–
appointed guardian to have the care and custody of the person. “Public place”
means any place to which the public or a substantial group of the public

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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.

(b) Offenses.

(1) It is unlawful for any juvenile who is subject to compulsory 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.

(2) It is unlawful for any juvenile who is subject to a compulsory
alternative education program 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 that juvenile would
otherwise be required to attend a regular compulsory education school.

(3) It is unlawful for the parent of any juvenile to knowingly permit or by
insufficient control allow the juvenile to be in violation of Section
58.05(b)(1) or (2).

(c) Defenses. It is a defense to prosecution under Section 58.05:

(1) When the juvenile is accompanied by his or her parent or other adult
having the care or custody of the juvenile;

(2) When the juvenile is on an emergency errand directed by his or her
parent;

(3) When the juvenile is going to, or coming directly from, their place of
school–approved employment;

(4) When the juvenile is going to, or coming directly from, a medical
appointment;

(5) When the juvenile has permission to leave the school campus for
lunch or a school–sponsored activity or has in his or her possession a
valid, school–issued, off–campus permit;

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(6) When the juvenile is going to, or coming from, a compulsory
alternative education program activity;

(7) When the juvenile is attending or, without any detour or stop, going to
or returning from, an official school, religious, government–
sponsored, or other recreational activity supervised by adults and
sponsored by The City of San Diego or a civic organization.

(d) Enforcement Procedure.

(1) Upon any violation of Section 58.05(b)(1) or (b) (2), a peace officer
may issue a citation to the juvenile and may transport the juvenile
home or to the school from which the juvenile is absent. If cited, the
juvenile and a parent shall appear in court as directed in the citation.
The parent shall be advised of the fact that the juvenile was cited for a
violation of San Diego Municipal Code section 58.05. The parents
shall be warned of their responsibility and liability as the juvenile’s
parents.

(2) If a parent has been previously warned as set forth in San Diego
Municipal Code section 58.05(d)(1), upon a parent’s first violation of
San Diego Municipal Code section 58.05(b)(3), a peace officer may
issue a citation for an infraction to the parent to appear in court.

(3) When a parent has previously been issued a citation for an infraction
as set forth in San Diego Municipal Code section 58.05(d)(3), upon
any subsequent violation by a parent of Section 58.05(b)(3), a peace
officer may issue a citation for a misdemeanor to the parent of the
juvenile to appear in court.

(e) Penalties.

(1) Any person convicted of an infraction for violation of San Diego
Municipal Code section 58.05(b)(1), (2), or (3) may be punished by a
fine not exceeding two hundred fifty dollars ($250.00) or by a
requirement to perform city, county or school– approved projects or
community service, or both. If required to perform a project, the total
time for performance shall not exceed twenty (20) hours over a period
not to exceed sixty (60) days, during times other than a juvenile’s
hours of school attendance or a juvenile or parent’s hours of
employment.

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(2) Any parent convicted of a misdemeanor violation of Section
58.05(b)(3) may be punished by imprisonment in the county jail not
exceeding six (6) months, or by a fine not exceeding one thousand
dollars ($1,000), or by both.
(“Daytime Loitering Of Juveniles In Any Public Place On School Days”
retitled and amended 5–6–1996 by O–18296 N.S.)