Oceanside Municipal Code Ch. 16 Minors

Footnotes:

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Editor's note— Ord. No. 97-16, § 1, adopted Sept. 3, 1997, amended Ch. 16, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Ch. 16 pertained to similar subject matter. See the Code Comparative Table.

Cross reference— Participation of minors at cardrooms, § 8.10; children at public dances, §§ 10.4, 10.5; purchase, etc., of alcoholic beverages by minors, §§ 20.2, 20.3; minors in poolrooms and shooting galleries, §§ 26.8, 26.9; use of trampoline centers by certain children, § 36.4.

By enacting curfew regulations which apply to minors and parents of minors, the city council intends to preserve and promote the peace of the community, as well as the safety and welfare of minors, during the late-night hours. The city council also recognizes that such regulations must protect the public interest without infringing upon certain fundamental rights of minors and their parents. This curfew measure is intended to reach a reasonable balance between said interests. Such balance is achieved by application of the principle that parental responsibility for the conduct of a minor is paramount to the exercise of regulatory authority by the city. Only in the absence of the exercise of parental authority over a minor will the enforcement of this curfew measure become necessary.

(Ord. No. 97-16, § 1, 9-3-97)

Adult means any person eighteen (18) years of age and older.

Curfew hours means the hours between 10:00 p.m. and 5:30 a.m. of the following day.

Emergency includes but is not limited to fire, natural disaster, automobile accident, or requirement for immediate medical care for another person.

Establishment means any privately owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment.

Guardian means (1) a person who, under court order, is the guardian of the minor; or (2) a public or private agency with which the court has placed a minor.

Minor means any person under the age of eighteen (18).

Parent means a person who is the natural, adoptive or step parent of a person. "Parent" includes a court appointed guardian or other person eighteen (18) years of age or older, authorized by the parent, by a court order, or by a court appointed guardian to have the care and custody of the person.

Public place means a public place or any place open to the public or to which any member of the public has access, including, but not limited to, any public right-of-way, public grounds, dedicated open or trail space, or any privately owned land that is unsupervised and from which the public is not expressly excluded under applicable trespass laws, including but not limited to vacant lots, the parking lots and the common areas of schools, hospitals, apartment houses, office buildings, housing complexes, shopping centers, and malls.

Responsible adult means a parent, guardian, or adult person at least twenty-one (21) years old having the responsibility for the care, custody, and control of the subject minor.

(Ord. No. 97-16, § 1, 9-3-97; Ord. No. 08-OR0257-1, § 1, 4-16-08)

No minor shall be present in any public place during curfew hours.

(Ord. No. 97-16, § 1, 9-3-97)

No responsible adult shall knowingly permit, or knowingly by insufficient control allow, a minor to be present in any public place during curfew hours.

(Ord. No. 97-16, § 1, 9-3-97)

The prohibitions described in sections 16.3 and 16.4 above shall not apply to any minor who, in the alternative, is:

(1) Accompanied by his or her responsible adult;

(2) Engaged in or directly en route to or from an employment activity;

(3) Engaged in any emergency;

(4) Present at a public place abutting the minor's residence;

(5) Present at any privately owned building or structure generally committed to a business or trade which is open to and serving the public, or going to or from said privately owned building or structure without detour or stop;

(6) Attending or directly going to or coming from an event or activity supervised by at least one responsible adult and sponsored and conducted by a civic organization, the city or other public agency, a charitable organization, a religious entity, an accredited public or private school, or another similar entity or person that takes responsibility for the minor;

(7) On an errand at the direction of the minor's responsible adult without any detour or stop;

(8) Legally emancipated pursuant to law;

(9) Exercising rights protected by the First Amendment of the United States Constitution or Section 2 of Article 1 of the California Constitution while being supervised by at least one responsible adult, or exercising said as a participant in an organized event which has been permitted under applicable provisions of this Code.

(Ord. No. 97-16, § 1, 9-3-97)

Each violation of section 16.3 or Section 16.4 constitutes a separate offense and may be prosecuted either as a misdemeanor or infraction as provided under section 1.7 of this Code. Minors shall be prosecuted in accordance with applicable juvenile court law and procedure.

(Ord. No. 97-16, § 1, 9-3-97)

The purpose of this ordinance prohibiting daytime loitering of minors in public places on school days is to reduce the incidence of juvenile truancy that plagues our schools and creates a burden upon the health, safety and welfare of the community. Students who are absent from school are denied an education; unexcused absences result in a loss of state and federal funding to the detriment of all students; unsupervised students may involve themselves in unsafe activities by loitering in residential neighborhoods, business districts, or industrial centers; some unsupervised students may engage in criminal activity to the detriment of the community; further some unsupervised students may become a burden on police who must return them to school, wait for parents to pick them up, and investigate any and all criminal activity related to the students' truancy. As a result, therefore, the City Council of the City of Oceanside finds and determines that a special need exists for the adoption of a city ordinance to prohibit truancy of any minor person under the age of eighteen (18), who is subject to compulsory education or compulsory continuation education, with certain specific exceptions set forth herein. It is further the intent of the City Council of the City of Oceanside to provide appropriate criminal sanctions against any minor who violates the provisions of this chapter.

(Ord. No. 08-OR0257-1, § 2, 4-16-08)

(a) It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, or the premises of any establishment, vacant lots or any unsupervised place between the hours of 8:30 a.m. and 1:30 p.m. on any day when school is in session for that minor.

(b) It is a defense to prosecution under section 16.8(a):

(1) When the minor is accompanied by his or her parent or other adult having the care or custody of the minor;

(2) When the minor is on an emergency errand directed by his or her parent or other adult having care or custody of the minor;

(3) When the minor is going directly to, or coming directly from, his or her place of school-approved employment;

(4) When the minor is going to, or coming directly from, a medical appointment;

(5) When the minor has permission to leave the school campus for lunch and has in his or her possession a valid, school-issued, off-campus permit;

(6) When the minor is going directly to, or coming from, a compulsory alternative education program activity;

(7) When the minor is attending or, without any detour or stop, going to or returning from an official school, religious, or government-sponsored activity, or other recreational activity supervised by adults;

(8) When the minor is attending or, without detour or stop, going to or returning from an event or activity directly related to the medical condition of a parent;

(9) When the minor is officially enrolled in home schooling;

(10) When the minor has passed a general educational development test and received a California high school equivalency certificate;

(11) When the minor is exempt by law from compulsory education or compulsory continuation education; or

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

(Ord. No. 08-OR0257-1, § 2, 4-16-08)

Upon any violation of section 16.8, a peace officer may issue a citation to the minor and may detain the minor until he or she can be placed in the care and custody of his or her parent or may transport the minor to his or her home or to the school from which the minor is absent. If cited, the minor and a parent shall appear in court as directed in the citation. The parents may be advised of the fact that the minor was cited for a violation of Oceanside City Code section 16.8.

(Ord. No. 08-OR0257-1, § 2, 4-16-08)

A violation of section 16.8 is an infraction subject to the provisions of section 1.7(b)(3). An infraction violation of section 16.8 may be punished by a fine not exceeding two hundred fifty dollars ($250.00) or by a requirement to perform county, city, or school-approved work projects or community service or both. If required to perform a project, the total time for performance shall not exceed twenty (20) hours over a period not to exceed sixty (60) days, during times other than a minor's hours of school attendance or a minor's hours of employment.

(Ord. No. 08-OR0257-1, § 2, 4-16-08)