Yuba County Municipal Code Ch. 8.43 Loitering by Juveniles

The purposes of this Chapter are to prevent vandalism and destruction of public and private property, breaches of the public peace, and to protect and prevent minors from falling into loose and dissolute habits and ways in violation of Welfare and Institutions Code § 601.

(Prior Code, § 8.43.010; Ord. No. 622)

This Chapter shall apply to all minor persons of 17 years of age and under.

(Prior Code, § 8.43.020; Ord. No. 622)

As used in this Chapter the term "loitering" means to delay, to linger, or to idle about without a lawful purpose, and applies when loitering is of such a nature that from the totality of a minor's actions and in light of surrounding circumstances, it may be reasonably concluded that it is being engaged in for committing a crime as an opportunity might be discovered.

(Prior Code, § 8.43.030; Ord. No. 622)

It shall be unlawful, a violation of this Chapter, and an infraction, for any minor person age 17 years or under, between the hours 11:00 p.m. to 5:00 a.m. of any day, to loiter, prowl, or aimlessly drive, ride or wander about or upon the streets, roads or highways, or upon the public or private property of another without apparent or lawful business with the owner or occupant thereof, within the unincorporated area of the County of Yuba, if the surrounding circumstances are such as to indicate to a reasonable person that the public peace or safety is threatened, or that such minor is in need of protective custody pursuant to Welfare and Institutions Code §§ 300, 601, and 602.

(Prior Code, § 8.43.040; Ord. No. 622; Ord. No. 1111)

Any person who is a peace officer may enforce this Chapter if he believes, in good faith, and upon observation of the conduct of a minor, that this Chapter is being or has been violated by such a minor, by detaining such minor for questioning, or by arrest or citation for violation of this Chapter in accordance with the procedures set forth in Penal Code § 853.6, or by taking said minor into protective custody pursuant to Welfare and Institutions Code §§ 600, 601, and 602.

(Prior Code, § 8.43.070; Ord. No. 622)

Nothing in this Chapter shall be construed as applying to such minors traveling or moving from a place to another place accompanied by parent, legal guardian or responsible adult pursuant to or as a part of a lawful or necessary business, social or other lawful activity, such as going to and from night classes, library study, games, dances, school activities, church functions or similar activities.

(Prior Code, § 8.43.080; Ord. No. 622)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.