Chapter 6.28 — MINORS

Statutory reference: Statute authority, see Cal. Penal Code § 308 Statute authority, see Cal. Welfare and Institutions Code § 702

Except when and where a minor is accompanied by a parent or legal guardian having the care and custody of the minor, or where the presence of the minor in the place or places is connected with and required by, some legitimate business, trade, profession or occupation in which the minor is engaged, it shall be unlawful for any minor under the age of 18 years to be in or on any public street, park, square or any public place between the hours of 11:00 p.m. of any day and 5:00 a.m. on the following day. It shall be unlawful for any minor under the age of 18 years to loiter, gather in groups or congregate in any manner in the city parks, or any public places, without lawful business and accompanied by parent, or legal guardian. It shall be unlawful for any minor under the age of 18 years to play, loiter or be in or about any railroad depot, or the cares of any railroad within the city, or to ride upon any railroad car, engine, truck or other vehicle, without consent of the owner thereof. (1995 Code, § 6.28.010)

Any person assisting, aiding, abetting or encouraging any minor under the age of 18 years to violate the provisions of § 6.28.010 of this chapter shall be guilty of a misdemeanor; and when any minor is found violating the provisions of § 6.28.010 a presumption shall arise that the parent or legal guardian having the care and custody of the minor assisted, aided, abetted and encouraged the minor in so violating § 6.28.010. (1995 Code, § 6.28.020)

It shall be the duty of the Chief of the Police Department to cause to be issued and served upon the parent or guardian of any minor arrested pursuant to the foregoing provisions of this chapter, a written notice requiring the parent or guardian to appear before the Justice Court of Tulare Judicial District at a time and place to be specified in the notice, but not less than five days after the service of the notice, to show cause, if any, why the parent or guardian should not be charged with assisting, abetting or encouraging the minor with a violation of this chapter, or the provisions of Cal. Welfare and Institutions § 702. Any person failing to appear before the court in response to this chapter shall be guilty of a misdemeanor, regardless of the disposition of the charge on which he or she may have been cited to appear, and shall be punished accordingly. Any notice to be served upon the parent or guardian pursuant to this chapter may be served personally on the person, or the same may be deposited in the United States Post Office at Tulare, California, addressed to the parent or guardian at the place of residence and with the proper amount of postage prepaid thereon, or the same may be left at the place of residence of the parent or guardian. If the notice is delivered personally to the parent or guardian, the same shall be deemed complete upon the delivery thereof, but if the same is served by mail or left at the residence of the parent or guardian, the service shall be complete after five days after the date of mailing the same or leaving the same at the place of residence of the parent or guardian. (1995 Code, § 6.28.030)

No person under the age of 21 years shall have in his or her possession or consume any alcoholic beverage, as the same is defined under § 2(b) of the Alcoholic Beverage Control Act of the state and amendments thereto, while in or upon any

street, alley, dance hall or other public place in the city. (1995 Code, § 6.28.040)

Any person selling, giving or in any manner furnishing or supplying any cigarettes, cigars or tobacco in any shape or form to any minor under 18 years of age, within the city, or causing the same to be done by another, and any person who aids, assists or is in any manner instrumental to any minor procuring cigarettes, cigars or tobacco in any form shall be deemed guilty of a misdemeanor. (1995 Code, § 6.28.050)