Chapter 9.20 — CURFEW AND TRUANCY FOR MINORS

Sections:

• 9.20.010 Definitions.

• 9.20.020 Juvenile nighttime curfew.

• 9.20.025 Prohibition of sales and solicitations by minors unaccompanied by an adult.

• 9.20.030 Curfew exceptions.

• 9.20.040 Juvenile curfew during school hours.

• 9.20.050 Truancy exceptions.

• 9.20.060 Duty of parent or guardian.

• 9.20.070 Minor curfew, truancy or willful misconduct cost recovery authorization.

• 9.20.080 Penalty.

As used in this chapter, the following words and phrases shall have the meaning set out below: A. "Emergency" means one or more unforeseen circumstances or resulting state requiring immediate action, such as a fire, natural disaster, accident or situation requiring immediate action to prevent or treat serious injury or loss to person or property. B. "Establishment" means any privately owned place of business to which the public is invited, including but not limited to places of amusement or entertainment. C. "Guardian" means a person ordered to be such by a court or a public or private agency with whom the minor has been placed. D. "Minor" means any person under eighteen years of age. E. "Parent" means a person who is a natural, adoptive or step-parent or someone at least eighteen years old authorized by a parent or guardian to have care, custody or control of the minor. F. "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 school, apartment houses, office buildings, transport facilities and shops. (Ord. 98-05-1234 § 1 (part): Ord. 98-04-1233 § 1 (part))

It is unlawful for any minor under the age of eighteen to remain in any public place or establishment within the city between the hours of ten p.m. and six a.m. (Ord. 98-05-1234 § 1 (part): Ord. 98-04-1233 § 1 (part))

No minor shall sell, offer for sale, or solicit the purchase of any article, goods or merchandise, or solicit a contribution to any charitable cause whatsoever, in any area of the city, from five p.m. until nine a.m. the following day, during pacific standard time, and from seven p.m. to nine a.m. the following day, during pacific daylight time, unless that minor is accompanied by a person over the age of eighteen. (Ord. 2000-05-1272 § 1)

Section 9.20.020 shall not apply when: A. The minor is accompanied by his or her parent(s), legal guardian, or other person having legal care or custody of the minor; B. The minor's parent(s) or legal guardian has given the minor written permission to remain in a public place or establishment during curfew hours. Notwithstanding any liability imposed under Sections 9.20.060 and 9.20.080 of this chapter, the parent or guardian providing written consent hereunder may be held liable for acts of the minor performed during curfew hours, as follows:

1. Civilly liable to the extent provided under state law, including but not limited to, liability imposed by California Civil Code Section 1714.1 for any willful misconduct of the minor which results in injury or death to another person, or damage to the property of another,
2. Criminally liable as a misdemeanor for any criminal act of a minor to the extent provided under state law; C. The minor is involved in an emergency, or is on an emergency errand directed by his or her parent, guardian, or other adult person having legal care or custody of the minor; D. The minor is attending, going to or returning home without any detour or stop from an official meeting, school activity,

civic organization, educational, religious or recreational activity supervised by adults; E. The minor is engaged in lawful employment activity or is going to or returning from a lawful employment activity without any detour or stop; F. The minor is on the sidewalk adjacent to his/her residence; G. The minor is an "emancipated minor" as that term is defined in Family Code Section 7002; H. The minor is in a motor vehicle involved in interstate travel; or I. The minor is exercising his/her First Amendment rights, such as freedom of speech, right of assembly or free exercise of religion. (Ord. 98-05-1234 § 1 (part): Ord. 98-04-1233 § 1 (part))

In addition to the provisions of Section 9.20.020 of the code, it is unlawful for any minor under the age of eighteen, who is subject to compulsory education or to compulsory continuation education requirements, to remain in any public place or establishment within the city between the hours of eight-thirty a.m. and one-thirty p.m. or other hours as designated by the respective school district or school on days when school is in session. (Ord. 98-05-1234 § 1 (part): Ord. 98-04-1233 § 2 (part))

Section 9.20.040 shall not apply when: A. The minor is accompanied by his or her parent(s), legal guardian, or other person eighteen years of age or older having legal care or custody of the minor; B. The minor's parent(s) or legal guardian has given the minor written permission to remain in a public place or establishment during the school hours. Notwithstanding any liability imposed under Sections 9.20.060 and 9.20.080 of this chapter, the parent or guardian providing written consent hereunder may be held liable for acts of the minor performed during school hours, as follows:

1. Civilly liable to the extent provided under state law, including but not limited to, liability imposed by California Civil Code Section 1714.1 for any willful misconduct of the minor which results in injury or death to another person, or damage to the property of another,
2. Criminally liable as a misdemeanor for any criminal act of a minor to the extent provided under state law; C. The minor is involved in an emergency, or is on an emergency errand directed by his or her parent, guardian, or other adult person having legal care or custody of the minor; D. The minor's school student body is excused for minimum class schedule or due to a scheduled day off, school holiday(s), staff and service day(s), summer vacation, or when the minor's school day does not begin until later than eight- thirty a.m., in which case Section 9.20.040 shall apply during the actual hours the minor's school is in session; E. The minor has permission to leave a school campus for lunch or a school-related activity and has in his or her possession a valid, school-issued, off-campus permit; F. The minor is an "emancipated minor" as that term is defined in Family Code Section 7002. (Ord. 98-05-1234 § 1 (part): Ord. 98-04-1233 § 2 (part))

Every parent, guardian, or other adult person having legal care, custody, or control of any minor under the age of eighteen years who knowingly aids, abets, or allows such minor described in Sections 9.20.020 or 9.20.040 to violate the provisions of those sections is guilty of a misdemeanor. (Ord. 96-08-1206 § 2 (part))

A. Determination by Court. When, based on a finding of civil liability or criminal conviction for violation of curfew, truancy or willful misconduct, in violation of Welfare and Institutions Code Section 602, a minor under eighteen years is detained for a period of time in excess of one hour, and said detention requires the supervision of such minor by personnel of the Signal Hill police department, the parent(s) or legal guardian(s) having custody or control of such minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by the Signal Hill police department.

B. Determination by Chief of Police. As determined by the Chief of Police of the Signal Hill police department, or his/her designee, the parent(s) or legal guardian(s) of a minor under the age of eighteen years committing any public offense amounting to an action of willful misconduct in violation of Welfare and Institutions Code Section 602, where personnel of the Signal Hill police department provide services relating to the detention, processing, or supervision of such minor in excess of one hour, may be assessed, and billed for, the actual cost of providing such personnel and services. C. Appeal. Any person receiving a bill for police services pursuant to subsections A and B of this section may, within fifteen days after the billing date, file a written request appealing the imposition of such 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 designee. Upon the filing of a request for appeal, payment of a billing for such police services shall be suspended until notice of the decision of the city manager, or designee. If the appeal is denied, in whole or in part, all amounts due pursuant thereto shall be paid to the city within thirty days after notice of the decision of the city manager, or designee. D. Authorization to Adopt Additional Cost Recovery Resolution. Pursuant to Welfare and Institutions Code Section 625.5(b), the city council is authorized to adopt a resolution implementing the cost recovery provisions of such section. (Ord. 96-08-1206 § 2 (part))

A. Any minor convicted of violating this chapter is punishable by a fine to be determined by the court not to exceed two hundred fifty dollars and/or any other penalty provided by the Welfare and Institutions Code Section 258. B. The court may set aside the penalties set forth herein if the minor produces proof satisfactory to the court that the following has occurred:

1. The minor has had no unexcused absences from school from the date of the citation; and
2. The minor has performed twenty hours of court-approved community service during times other than the minor's hours of school attendance; and
3. The minor's parent or guardian has attended a parenting class or a series of parenting classes approved by the court; and
4. The minor and parent or guardian have attended counseling as directed and approved by the court. C. Penalties for Parents or Guardians.
5. A minor cited for violation of this chapter must attend a court hearing on the violation and must be accompanied at the hearing by his/her parent or guardian. If any such parent or guardian fails to attend the hearing with the minor, and unless the interest of justice would otherwise be served, the court may continue the hearing and may issue a citation to said parental or custodial person directing that person to appear at the continued hearing with the minor pursuant to Welfare and Institutions Code Section 661.
6. Any person who is the parent or guardian of a minor violating any of the provisions of this chapter shall be punished by a fine to be determined by the court not to exceed two hundred fifty dollars. D. The court may set aside the penalties set forth herein if the parent or guardian produces proof satisfactory to the court that the following has occurred:
7. The minor has had no unexcused absences from the school from the date of citation; and
8. The parent or guardian has performed twenty hours of court-approved community services; and
9. The parent or guardian has attended a parenting class or a series of parenting classes approved by the court; and
10. The minor and parent or guardian have attended counseling as directed and approved by the court. (Ord. 96-08-1206 § 2 (part))