Santa Maria Municipal Code Ch. 6-3 Nocturnal Loitering by Minors

For purposes of this chapter:

"Emergency"

means an unforeseen combination of circumstances or the resulting state that calls for immediate action. "Emergency" includes but is not limited to a fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"Guardian"

means a person who under court order is the guardian of a minor, including a public or private agency with whom the minor has been placed by a court order.

"Loiter"

has the same meaning as in California Penal Code Section 647(h).

"Minor"

means any person under the age of 18 years, except a court-approved, emancipated minor.

"Parent"

means a person who is a natural parent, adoptive parent, or stepparent of a minor.

"Public place"

means any place to which the public is invited, including, but not limited to, the common areas of hospitals, office buildings, transportation facilities, theaters, game rooms, shops, shopping malls, or other places of amusement or business.

(Ord. 2000-15, eff. 9/5/00)

It is unlawful for any minor to loiter upon the public street, avenues, highways, roads, alleys, sidewalks, parks, playgrounds, or other public grounds, public places, parking lots or vacant lots in the City during the hours between 11:00 p.m. and 6:00 a.m.

This prohibition is intended and shall be construed so as not to result in a preemption under State law, in particular Penal Code Section 647.

(Ord. 2000-15, eff. 9/5/00)

Section 6-3.02 does not apply when:

(a) The minor is accompanied by or under direct supervision of his or her parent, guardian, or other adult person having the care or custody of the minor with the parent or guardian's permission; or

(b) The minor is on an errand directed by his or her parent or guardian or other adult person having care or custody of the minor with the parent or guardian's permission; or

(c) The minor is going to or coming from his or her place of employment, a medical appointment, or an activity sanctioned by his or her parent or guardian; or

(d) The minor is exercising his or her rights protected under the first amendment of the United States or California Constitutions, such as the free exercise of religion, freedom of speech and the right to assembly, or going to or coming from the place of exercise.

(Ord. 2000-15, eff. 9/5/00; Ord. 2010-03, eff. 5/20/10)

Notwithstanding any other provisions of the Code, when a person under the age of 18 years is charged with a violation of this section, a Peace Officer responsible for enforcing this Code may proceed as provided in California Welfare & Institutions Code §§601, 625, 625.5, 626, or 626.5, or their successor sections, as appropriate given the applicable facts.

(Ord. 2000-15, eff. 9/5/00)