It shall be unlawful for any minor subject to compulsory full-time education or to compulsory continuation education to be in or upon any public street, highway, road, alley, park, playground, or other public ground, public place, public building, place of amusement, eating establishment, or vacant lot between the hours of eight a.m. (8:00 a.m.) and two p.m. (2:00 p.m.) when absent from school within the city without lawful excuse as defined in Section C. below.
A. Authority. The authority of this Chapter is based upon the police power granted to the city by the Constitution of the State of California, Article XI, Section 7.
B. Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:
1. "Emergency" shall mean an unforeseen combination of circumstances or the resulting state that justifies immediate action. Emergency includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation justifying immediate action to prevent serious bodily injury, loss of life or damage to property.
2. "Guardian" shall mean:
a. A person who, under court order, is the guardian of the person of a minor and may, under appropriate circumstances, include a person who, under court order, is the guardian of the estate of a minor; or
b. A public or private agency with whom a minor has been placed by order of a court of competent jurisdiction; or
c. A person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of the minor.
3. "Minor" shall mean any person less than eighteen (18) years of age.
4. "Parent" shall mean a person who is a natural, adoptive, legal, or step- parent of a minor.
C. Exemptions. This section shall not apply to the following circumstances:
1. When the minor is accompanied by his or her parent, guardian or other adult person having care or custody of the minor.
2. When the minor is on an emergency errand directed by his or her parent, guardian, or other adult person having care or custody of the minor.
3. When the minor is going or coming directly to or from his or her place of gainful employment or to or from a medical appointment.
4. When the minor has permission to leave for lunch or school-related activity and has in his or her possession a valid, school-issued, off-campus permit.
5. When the minor is going or coming directly to or from a school-approved or school-related business, trade, profession, occupation or program in which the minor is lawfully engaged, such as a work study or work experience program, subject to verification by a proper school authority.
6. When the minor is exempt by law from compulsory education or compulsory continued education.
7. When the minor is authorized to be absent from his or her school under the provisions of California Education Code Section 48205, or any applicable state or federal law.
8. When the minor is going directly to or from an event or activity that is directly related to any medical condition of a parent or other adult person having the care and custody of the minor.
D. Enforcement - Penalties.
1. A violation of any section in this section is an infraction and not a misdemeanor.
2. The fine for this violation shall be fifty dollars ($50.00) upon a conviction for the first offense, one hundred dollars ($100.00) upon conviction for the second offense within one (1) calendar year of the first offense, and two hundred dollars ($200.00) upon a conviction for the third offense within one (1) year from the second offense. (Ord. 2009-07 § 2, 2009)