San Marcos Municipal Code Ch. 10.22 Daytime Loitering of Juveniles in Public Places on School Days

The purpose of this chapter is to reduce the increase 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; 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 engage in criminal activity to the detriment of the community; further some unsupervised students may become a burden on police who must return them to school, wait for parents to pick them up, and investigate any and all criminal activity related to the student's truancy. As a result, therefore, the City Council of the City of San Marcos finds and determines that a special need exists for the adoption of a City ordinance to prohibit truancy of any juvenile under the age of 18, who is subject to compulsory continuation education, with certain specific exceptions set forth herein. In addition, the City Council desires to discourage parents from permitting, or by insufficient control, allowing such truancy. It is further the intent of the City Council to provide appropriate criminal sanctions against any juvenile or parent who violates the provisions of this chapter.

(Ord. No. 2004-1225, 5-11-04)

(Ord. No. 2004-1225, 5-11-04)

Adult means any person 18 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 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 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 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.

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 8:00 a.m. and 2:00 p.m. on any day when school is in session for that juvenile.

(Ord. No. 2004-1225, 5-11-04)

The prohibitions described in Section 10.20.030 above shall not apply to any juvenile who, in the alternative, is:

(Ord. No. 2004-1225, 5-11-04)

(a)

Accompanied by his or her responsible adult;

(b)

Engaged in an emergency errand directed by his or her parent or other adult having care or custody of the juvenile;

(c)

Attending or directly in route to his or her place of school approved employment;

(d)

En route to or coming directly from a medical appointment;

(e)

Permitted to leave the school campus for lunch and had in his or her possession a valid, school-issued, off-campus permit;

(f)

Attending or, without detour or stop, going to or returning from an event or activity directly related to the medical condition of a parent;

(g)

Appropriately documented as being enrolled in home schooling; or

(h)

Able to document that he or she has passed a general educational development test and received a California high school equivalency certificate.

It is unlawful for the parent of any juvenile to knowingly permit or by insufficient control, to allow the juvenile to be in violation of Section 10.20.030.

(Ord. No. 2004-1225, 5-11-04)

Upon any violation of Section 10.20.030, a peace officer may issue a citation to the juvenile and may detain the juvenile until he or she can be placed in the care and custody of his or her parent or may transport the juvenile to his or her home or to the school from the juvenile is absent. If cited, the juvenile and a parent shall appear in court as directed in the citation. The parents shall be advised of the fact that the juvenile was cited for a violation of San Marcos Municipal Code Section 10.22.030. The parents shall be warned of their responsibility and liability as the juvenile's parents.

(Ord. No. 2004-1225, 5-11-04)

If the parent has been previously warned as set forth in Section 10.22.060, upon a parent's first violation of Section 10.22.050, a peace officer may issue a citation for an infraction to the parent to appear in court.

(Ord. No. 2004-1225, 5-11-04)

When a parent has previously been issued a citation for an infraction as set forth in Section 10.22.060, upon any subsequent violation by a parent of Section 10.22.050, a peace officer may issue a citation for a misdemeanor to the parents of the juvenile to appear in court.

(Ord. No. 2004-1225, 5-11-04)

Any person who violates any provision of this article shall, upon conviction thereof, be guilty of an infraction punishable by fine as provided in Section 1.12.010 et seq., of this Municipal Code, or by a requirement to perform City or school-approved work projects or community service, or both. If required to perform a project, the total time for performance shall not exceed 20 hours over a period not to exceed 60 days during times other than a juvenile's hours of school attendance or a juvenile or parent's hours of employment. As provided by Section 1.12.010(b) of this Municipal Code, a fourth or subsequent violation of this article within one year shall constitute a misdemeanor.

(Ord. No. 2004-1225, 5-11-04)