Victorville Municipal Code Ch. 13.140 Daytime Loitering by Minors Prohibited

It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education, to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, public buildings or other places open to the public, places of amusement, eating establishments, or any vacant lots during school hours and on school days applicable to such minor.

This section shall not apply:

(a) When the minor is accompanied by his or her parent, legal guardian, or other adult person having the care or custody of the minor; or

(b) When the minor is on a medical emergency errand directed by his or her parent, legal guardian, or other adult person having care or custody of the minor and can produce written evidence of same; or

(c) When the minor is traveling directly to or from a medical appointment and can produce written evidence of same;

(d) When the minor has in his or her possession written permission or a permit to leave the school campus, or is traveling to or from, or is otherwise engaged in an event or activity sponsored, sanctioned or arranged for by the minor's school and in which the minor is authorized to participate;

(e) When the minor is receiving home or private school instruction pursuant to Education Code Section 48222, or is receiving instruction by a qualified tutor pursuant to Education Code Section 48224, or is otherwise exempt by law from attendance at a public or private full-time day school; or

(f) When the minor is authorized to be absent from his or her school pursuant to the provisions of Education Code Section 48205, or any other applicable state or federal law.

(Ord. No. 2321, § 1, 9-16-2014)

It is unlawful for any parent, guardian or custodian of a minor to knowingly permit or allow such minor to be in violation of any of the provisions of Section 13.140.010 of this chapter. In the event of any conflict between this section and California Penal Code Section 272, or any successor provision thereto, said Penal Code section shall be deemed to govern.

(Ord. No. 2321, § 1, 9-16-2014)

It is unlawful for any person to violate any provision, or fail to comply with any of the requirements, of this chapter. A first, second or third violation occurring within a one year period shall be punishable by (a) a fine not exceeding one hundred dollars for a first violation; (b) a fine not exceeding two hundred dollars for a second violation; (c) a fine not exceeding five hundred dollars for a third violation.

A fourth or subsequent violation of any provision of this chapter by any person within a one year period shall be deemed to be a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding one thousand dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person and shall be deemed punishable therefore as provided in this chapter.

(Ord. No. 2321, § 1, 9-16-2014)