Santee Municipal Code Art. 2 Curfew and Truancy

A. The City is concerned with the level of juvenile violence, juvenile gang activity, and juvenile crime in the City. The City finds that juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime. Recent local statistics regarding juvenile crime and victimization indicate that enforcement of a curfew for juveniles decreases juvenile victimization and increases the number of arrests for violent crimes during curfew hours. The City Council believes that having an enforceable juvenile curfew ordinance is critical to preserving the public health, safety and welfare.

B. The City further finds and determines that juveniles are repeatedly detained and supervised by law enforcement personnel for violating curfew and that daytime loitering laws impose an extraordinary burden on the resources of law enforcement because juveniles taken into custody by law enforcement personnel must be supervised in an unsecured area of the law enforcement station until they are released to a parent. Law enforcement personnel who supervise detained juveniles are then unavailable to carry out law enforcement duties in the field, which decreases the level of police protection, thereby decreasing public safety in the community. One purpose of this chapter is to inhibit crime committed by juveniles at night and by truants during the day and to defray the reasonable costs that the City incurs to provide extraordinary law enforcement services to respond to, detain and supervise repeat curfew and daytime loitering violators.

(Ord. 560 § 3, 2019)

It is unlawful for any juvenile to remain in any public place or on the premises of any establishment in the City between the hours of 10:00 p.m. of any day and sunrise of the following day inclusive, unless the juvenile is:

A. Accompanied by the juvenile's parent or guardian;

B. On an errand at the direction of the juvenile's parent or guardian;

C. In a motor vehicle involved in interstate travel;

D. Engaged in an employment activity or going to or returning home from an employment activity without any detour or stop;

E. Involved in an emergency;

F. On the sidewalk abutting the juvenile's residence;

G. Attending an official school, religious or recreational activity supervised by one or more adults and sponsored by the City, a civic organization or other similar entity that takes responsibility for the juvenile, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by one or more adults and sponsored by the City, a civic organization or another similar entity that takes responsibility for the juvenile;

H. Exercising First Amendment rights protected by the United States Constitution, or going to or returning home from, without any detour or stop, the exercising of those First Amendment rights;

I. Travelling from an activity listed in this section to another activity listed in this section, without any detour or stop; or

J. Emancipated pursuant to law.

(Ord. 560 § 3, 2019)

It is unlawful for any juvenile who is subject to compulsory education to loiter, idle, wander or be in or on any public place or the premises of any establishment, vacant lots or unsupervised place between and away from the juvenile's residence during the hours when the juvenile's school is in session. This section does not apply if:

A. The juvenile is accompanied by a parent; or

B. The juvenile is on an emergency errand directed by a parent; or

C. The juvenile is going to or coming directly from the juvenile's place of school-approved employment; or

D. The juvenile is going to or coming directly from a medical appointment; or

E. The juvenile has permission to leave the school campus for lunch and has in his or her possession a valid, school-issued off-campus permit; or

F. The juvenile is going to or coming from a compulsory alternative education program activity; or

G. The juvenile is attending or, without any detour or stop, going to or returning from an official school, religious, government-sponsored activity, or other recreational activity supervised by adults; or

H. The juvenile is attending or, without any detour or stop, going to or returning from an event or activity directly related to the medical condition of the parent; or

I. The juvenile is officially enrolled in home schooling; or

J. The juvenile has passed a general educational development test and received a California high school equivalency certificate.

(Ord. 560 § 3, 2019)

It is unlawful for the parent of any juvenile to knowingly permit or, by insufficient control, to allow a juvenile to be in violation of any section of this chapter.

(Ord. 560 § 3, 2019)

A peace officer may issue a citation to any juvenile or parent found to be in violation of this chapter and may detain any juvenile, until the juvenile can be placed in the care and custody of a parent or may transport the juvenile's home or school.

(Ord. 560 § 3, 2019)

Any juvenile convicted of a misdemeanor for violations of this chapter may be punished by a fine not exceeding $1,000.00 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 may not exceed 20 hours over 60 days, and the project must be completed during times other than a juvenile's hours of school attendance or the juvenile's or parent's hours of employment.

(Ord. 560 § 3, 2019)