Santa Maria Municipal Code Ch. 6 3A. Daytime Loitering by Minors

The purpose of this ordinance is to create an additional tool to assist in keeping students who are subject to compulsory education or compulsory continuation education out of criminal situations during their school hours. It is also a purpose of this ordinance to avoid interference with the rights of students and their parents who have chosen private education or home schooling. With these purposes in mind, the City Council expects that those enforcing this ordinance will make efforts to identify individuals who appear to be under 18 and acting in violation of this ordinance as those who are truants, before making contact.

(Ord. 2006-08, eff. 8/14/06)

For the 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, and any person at least 18 years of age having the care, control, and custody of a minor.

"Loiter"

means to delay or linger for the purpose of avoiding compulsory education or compulsory continuation education, or without a lawful purpose as identified in this ordinance.

"Minor"

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

"Minor's School Hours"

means days and times that the minor is scheduled or required by the school to be in class or present on a closed school campus.

"Parent"

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

"Place of Education"

means the building and grounds at which a minor receives primary or secondary education.

"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. 2006-08, eff. 8/14/06)

It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or to compulsory continuation education, to loiter upon the public streets, avenues, highways, roads, alleys, sidewalks, parks, playgrounds, or other public grounds, public places, parking lots or vacant lots in the City during the minor's school hours.

(Ord. 2006-08, eff. 8/14/06)

A Notice to Appear under Section 6-3A.04 shall not be issued whenever a police contract with the minor pursuant to Section 6-3A.02 establishes that:

(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; 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, and has not detoured from the errand; or

(c) The minor is responding to an emergency; or

(d) The minor has official permission to be away from his/her place of education, including but not limited to employment pursuant to a valid work permit; or

(e) The minor is excused or exempt from compulsory education per the California Education Code, including but not limited to Sections 48205, 48222 and 48224; or

(f) The minor has successfully completed high school or a high school equivalency test; or

(g) The minor is exercising her or his rights under the first amendment of the United States or California Constitutions; or

(h) The minor is not a resident of Santa Barbara County; or

(i) The minor is attending a higher education course of instruction, including but not limited to "College Now."

(Ord. 2006-08, eff. 8/14/06)

(a) Violation of this Chapter is an infraction.

(b) Nothing in this Chapter is intended to limit other methods of enforcement, including but not limited to filing a petition under Section 601 or 602 of the Welfare and Institutions Code or pursuing the City's administrative or civil remedies.

(Ord. 2006-08, eff. 8/14/06)

Any person convicted of willfully violating this Chapter is guilty of an infraction punishable by a fine not to exceed $100.00 and/or 10 hours of community service. Community service shall be served during a time other than the minor's hours of school attendance or employment.

(Ord. 2006-08, eff. 8/14/06)