Yucca Valley Municipal Code Ch. 11.30 Daytime Loitering

The Town Council finds juvenile daytime loitering a detriment both to the community and to juveniles loitering during school hours.

The purpose and intent of the Town Council, through the adoption of this Chapter, are to provide additional enforcement tools to compel juveniles to take advantage of educational opportunities, to reduce the incidence of daytime burglary, to reduce losses to daytime juvenile crime, and in reducing juvenile truancy, to keep juveniles out of the juvenile justice system.

It is the further intent of the Town Council, through the adoption of this Chapter, to provide notice to all those who disregard the requirement of compulsory education that the law enforcement agencies of the Town, the Police Department and San Bernardino County courts will strictly enforce the law and vigorously prosecute those persons engaging in violations of this Chapter. (Ord. 92, 4-16-1998)

For the purpose of this Chapter, the following words and phrases shall have the meaning given herein:

EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

GUARDIAN: A. A person who, under court order, is the guardian of a minor; or

B. A public or private agency with whom a minor has been placed by a court.

MINOR: Any person under eighteen (18) years of age and is synonymous with the term "juvenile" for the purpose of this Chapter.

PARENT: A person who is:

A. A natural parent, adoptive parent or stepparent of another person; or

B. At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, sidewalks, alleys, highways and the common areas of hospitals, apartments, office buildings, commercial buildings, transportation facilities, parks, public playgrounds and vacant lots. (Ord. 92, 4-16-1998)

It is unlawful for any minor under the age of eighteen (18) years, who is subject to compulsory education or to compulsory continuing education, to be present in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, commercial buildings, places of amusement and eating places or vacant lots between the hours of seven fifteen o'clock (7:15) A.M. and one forty five o'clock (1:45) P.M. on days when school is in session. (Ord. 92, 4-16-1998)

This Chapter does not apply:

A. When the minor is accompanied by his parents, guardian or other adult person having the care or custody of the minor; or

B. When the minor is on an emergency errand directed by his parents or guardian or other adult person having care or custody of the minor; or

C. When the minor is going or coming directly from or to his place of gainful employment or to or from a medical appointment; or

D. To students who have permission to leave school campus for a school-related activity and have in their possession a valid, school-issued, off-campus permit; or

E. To students who do not have a regularly scheduled class or who are permitted to leave campus for lunch; or

F. To students who have a school commitment other than seven fifteen o'clock (7:15) A.M. to one forty five o'clock (1:45) P.M. and who have in their possession a valid, school identification indicating school hours.

Before taking any enforcement action under this Section, the peace officer shall ask the apparent offender's age and reason for being in or on the premises of the public place between the hours of seven fifteen o'clock (7:15) A.M. to one forty five o'clock (1:45) P.M. on days when school is in session. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under this Section is present or applicable. (Ord. 92, 4-16-1998)

Notwithstanding any other provision of this Code, when a person under the age of eighteen (18) years is charged with a violation of this Chapter, and a peace officer issues a notice to appear in juvenile traffic court to that minor, the charge shall be deemed an infraction and punishable by a fine set in accordance with juvenile traffic offenses. (Ord. 92, 4-16-1998)

Every parent, guardian or other person having the legal care, custody or control of any person under the age of eighteen (18) years who knowingly aids, abets or encourages such person to violate any provision of this Chapter shall be guilty of a misdemeanor. (Ord. 92, 4-16-1998)

Any person assisting, aiding, abetting or encouraging any minor under the age of eighteen (18) years to violate any provision of this Chapter shall be guilty of a misdemeanor. (Ord. 92, 4-16-1998)

A. Determination By Court: When, based on a finding of civil liability or conviction for violations of this Chapter, a minor under eighteen (18) years of age is detained for a period of time in excess of one hour, and said detention required the supervision of the juvenile offender by San Bernardino County Sheriff's Department employee(s), the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by said Department.

B. Determination By Sheriff's Captain: As determined by the Sheriff's captain or his designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of the detention, processing or supervision of minors that are over and above the normal services usually provided by the San Bernardino County Sheriffs Department, may be assessed and billed for the cost of providing such personnel for such services beyond those normally provided by said Department.

C. Appeal: Any person receiving a bill for police services pursuant to this Chapter may, within fifteen (15) days after the billing date, file a written request appealing the imposition of said 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 Town Manager, or his designee, as the hearing officer. Within ten (10) days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the Town shall be paid within thirty (30) days after notice of the decision of the hearing officer. (Ord. 92, 4-16-1998)