San Marino Municipal Code Art. 08 Minors

A. Nighttime Curfew: Every minor who is present in or upon any public or private street, road, drive, alley, or trail; any public or community park or recreation area; any public ground, place, or building; or any vacant lot or abandoned or vacant building between the hour of ten o'clock (10:00) P.M. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection D of this section.

B. Daytime Curfew: Every minor subject to compulsory education or to compulsory continuation education who is present in or upon any public or private street, road, drive, alley, or trail; any public or community park or recreational area; any public ground, place, or building; or any vacant lot or abandoned or vacant building between the hours of eight thirty o'clock (8:30) A.M. and one thirty o'clock (1:30) P.M. of the same day, on days when the minor's school is in session, is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection D of this section; or is in possession of a valid, school-issued, off-campus permit giving permission to leave campus; is receiving instruction by a qualified tutor pursuant to Education Code section 48224; or is otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code.

C. Parental Responsibility: Every custodial person who allows or permits a minor in his or her custody to violate any provision of this section is guilty of an infraction and may be liable for a civil penalty as provided in section 14.08.03 of this article.

D. Exceptions: This section shall not apply if the minor is:

1. Accompanied by a custodial person or by the minor's spouse over eighteen (18) years of age;

2. On an errand directed by, and in possession of a written excuse from, a custodial person or spouse over eighteen (18) years of age;

3. Engaged in or going directly to or returning directly from a school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization, or a similar entity that takes responsibility for the child;

4. Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such activity;

5. Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person or spouse over the age of eighteen (18) years;

6. Involved in an emergency or seeking medical assistance;

7. Exercising rights protected by the First Amendment of the United States Constitution or article 1 of the California Constitution, including, but not limited to: free exercise of religion, freedom of speech and freedom of assembly;

8. In the right of way abutting the minor's residence;

9. In a motor vehicle involved in interstate travel;

10. Emancipated pursuant to state law and California Family Code section 7000 et seq., including, but not limited to, the following reasons: married or in the military service; or

11. Homeless.

E. Community Service Or Parenting Classes For First Offense: On a first offense for a violation of this section, the court may order community service or parenting classes instead of a fine, as may be appropriate.

F. Definitions: As used in this section, the following definitions apply:

CUSTODIAL PERSON: Any parent or legal guardian of the minor, or any person eighteen (18) years of age or older who is authorized by such parental or legal guardian with the care and custody of the child.

EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

MINOR: A person under the age of eighteen (18) years.

G. Enforcement Procedures: A police officer shall ask the age of an apparent offender and the reason for being on the premises or property. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in subsection D of this section apply.

H. Power Of Law Enforcement Officers: Nothing in this section shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this section not been enacted.

I. Penalties: A violation of this section is punishable as set forth in section 01.04.03 of this code and may result in a civil penalty pursuant to section 14.08.03 of this article. (Ord. 097-1115, 12-10-1997)

A. Sales To Minors Prohibited: It shall be unlawful for any person:

1. To sell, exchange, give or loan or to cause or permit to be sold, exchanged, given or loaned any gun, revolver, pistol, a slingshot or any type of bow and arrow or firearms of any description to any person under the age of eighteen (18) years.

2. To sell, exchange, give or loan or to cause or permit to be sold, exchanged, given or loaned any cartridge, shell or other device designed and intended for use in connection with any gun, revolver, pistol or firearms of any description or any ammunition of any description, containing any explosive to any person under the age of eighteen (18) years.

3. To sell, exchange, give or loan or to cause or permit to be sold, exchanged, given or loaned any spring or BB or air gun designed and intended to discharge any shot or other dangerous or deadly missile to any person under the age of eighteen (18) years.

B. Possession Unlawful: It shall be unlawful for any person under the age of eighteen (18) years to have in his/her possession, care, custody or control any gun, revolver, pistol, spring or BB or air gun, slingshot of any type or bow and arrow or firearms of any description or any cartridge, shell or other device containing any explosive or any cartridge, shell or other device designed and intended for use in connection with any gun, revolver, pistol or firearms of any description or any ammunition of any description containing any explosive.

C. Confiscation: Any such gun; revolver; spring, BB or air gun; slingshot of any type, or bow and arrow, or other firearm or any cartridge, shell, ammunition or other explosive device found in the possession of any person under the age of eighteen (18) years shall be confiscated by members of the city police department. Such articles so confiscated shall be destroyed or disposed of as the city manager, in his/her discretion, shall direct. (1954 Code §14.3)

A. Determination By Court: When cased on a finding of civil liability or criminal conviction for violations of nighttime or daytime curfew pursuant to section 14.08.01 of this article, truancy or wilful misconduct in violation of Welfare and Institutions Code section 602, a minor under eighteen (18) years of age is detained for a period of time in excess of one hour, and said detention required the supervision of the juvenile offender by San Marino police department employee(s), the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing such personnel.

B. Determination By The Director Of Public Safety: As determined by the chief of police, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of wilful misconduct in violation of Welfare and Institutions Code section 602 where police personnel provide services relating to the detention, processing or supervision of minors may be assessed, and billed for, the cost of providing such personnel for such services.

C. Appeal: Any person receiving a bill for police services pursuant to this section may, within fifteen (15) days after the billing date, file written request appealing the imposition of said charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the city manager, or city manager's designee, as the hearing officer. Within ten (10) days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill of the police services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the city shall be paid within thirty (30) days after notice of the decision of the hearing officer. (Ord. 097-1115, 12-10-1997)

A. Purpose And Intent: This section is intended to implement section 625.5 of the Welfare and Institutions Code, which authorizes the governing body of a city, by ordinance, to prohibit minors from remaining in or upon public places unsupervised after hours. The purpose of this section is to encourage parents and legal guardians to exercise reasonable care, supervision, and control over their minor children in order to prevent juvenile victimization and to protect the health, safety, and welfare of children.

B. Unattended Minors At The Public Library: Notwithstanding the provisions of subsection 14.08.01A of this article, it is unlawful for any minor who is twelve (12) years of age or younger to be and remain upon the grounds of the public library for more than one-quarter (1/4) hour after the closing hour of the library, as established by the city council, unless one of the exceptions set forth in subsection 14.08.01D of this article is applicable to that minor.

C. Enforcement Of Violations: The city's law enforcement personnel are authorized to exercise all powers and duties that are conferred by paragraphs (c) and (d) of section 625.5 of the Welfare and Institutions Code in connection with the first and any subsequent violations by a minor of the restriction set forth in subsection B of this section.

D. Parental Responsibility: Every "custodial person", as that term is defined in subsection 14.08.01F of this article, who causes, encourages, allows, or permits any minor who is twelve (12) years of age or younger to violate the restriction set forth in subsection B of this section is guilty of an infraction and is subject to the penalties specified in section 01.04.03 of this code. In addition, upon such minor's second violation of the restriction, the custodial person may be held liable for the actual costs of administrative and transportation services incurred by the city, subject to the notification, exemption, hearing, and waiver provisions set forth in paragraphs (d), (e), and (f) of section 625.5 of the Welfare and Institutions Code, which provisions are incorporated by this reference.

E. City's Designated Representative: The city manager is the city's designated representative in connection with the issuance of notifications, the review of requests for exemptions, consultations with custodial persons, and the conduct of hearings concerning the validity of fees charged, the waiver of fee payments, or the performance of community service in lieu of the imposition of the fee. (Ord. 099-1129, 2-10-1999)