(a) Definitions. “Loitering” shall mean to idle, to loaf, lie down, to sit or stand by without any apparent purpose for a sustained period of time, or to walk, wander, drive or ride about aimlessly without lawful purpose.
(b) Minors: Nighttime. It shall be unlawful for any person under the age of eighteen (18) years to loiter in or upon public streets, sidewalks, highways, roads, alleys, parks, playgrounds or other public grounds, public places or public buildings, places of amusement, eating places, entertainment places, vacant lots, or be on private property without the express or implied consent of the owner or person having the care and control of such private property, or other unsupervised places between the hours of 10:00 p.m. and 6:00 a.m.
(c) Minors: Daytime. It is unlawful for any person under the age of eighteen (18) years, who is subject to compulsory education or to compulsory continuation education to loiter, idle, wander, or be in or upon the public streets, sidewalks, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place during the hours of 8:30 a.m. and 1:30 p.m. on days when school is in session.
(d) Minors: Responsibility of parents and guardians. It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of eighteen (18) years to permit such minor to loiter in or upon public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places or public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p.m. and 6:00 a.m.
(e) Parents: Liability for lack of supervision over minors.
(1) Civil penalty. Every parent or legal guardian who, by any act or omission, or by threats, contributes to, or induces or endeavors to induce any dependent child or ward to fail or refuse to conform to any lawful order of law enforcement personnel, probation department, or of the juvenile court, or to conform to the requirements of the Thousand Oaks Municipal Code concerning loitering, curfew or truancy, shall be subject to a civil penalty. For purposes of this section, a parent or legal guardian to any person under the age of eighteen (18) years shall have the duty to exercise reasonable care, supervision, protection and control over their minor child or ward.
Any person who violates the provisions of this section shall be liable for a civil penalty up to, but not to exceed, Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars for each violation, which shall be assessed and recovered in a civil action brought by the District Attorney or the City Attorney.
(2) Cost recovery. As determined by the Chief of Police, or his or her designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of wilful misconduct in violation of Welfare and Institutions Code Section 602, where police personnel provide services relating to the detention, processing or supervision of minors that are over and above the normal services usually provided by the Thousand Oaks Police Department, may be assessed and billed for the cost of providing such personnel for such services beyond those normally provided by said department.
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 City Manager, or his or her designee, as the hearing officer. Within ten 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 City shall be paid within thirty (30) days after notice of the decision of the hearing officer.
(3) Cumulative remedies. The remedies provided in this section are in addition to the remedies and penalties available under the Thousand Oaks Municipal Code, and all other laws of this state.
(f) Minors: Exceptions. The provisions of subsections (b), (c), (d) and (e) of this section shall not apply when:
(1) The minor is accompanied by his or her parent, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen (18) years of age or older; or
(2) The minor is engaged on an errand as directed by his or her parent or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen (18) years of age or older; or
(3) The minor is returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, sporting event or school activity; or
(4) The presence of such minor in said place or places is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged; or
(5) The minor is going or coming directly from or to his/her place of gainful employment, or to or from a medical appointment; or
(6) The minor student has permission to leave school campus for lunch or school-related activity and has in his/her possession a valid, school issued, off-campus permit; or
(7) The minor is in the active military service of the United States; or
(8) The minor is exempt by law from compulsory education or compulsory continuation education; or
(9) 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; or
(10) The minor is lawfully exercising First Amendment rights protected by the United States Constitution as part of an organized peaceable assembly to petition; or
(11) The minor is traveling to the custody, care or control of his or her parent, legal guardian or other adult person having the legal care or custody of the minor, from the custody, care or control of his or her parent, legal guardian or other adult person having the legal care or custody of the minor.
(g) Public property. No person shall loiter or stand in or upon any public highway, alley, sidewalk, crosswalk or other public way open for pedestrian or vehicular travel, or otherwise occupy any portion thereof, in such a manner as unreasonably to annoy or molest any pedestrian thereon or as to obstruct or unreasonably interfere with the free passage of pedestrians or vehicles.
(h) Private property open to the public. No person shall loiter or stand in or upon any parking lot, shopping center or other commercial or industrial property generally open to the public, or otherwise occupy any portion thereof, in such a manner as unreasonably obstructs, injures or interferes with the traffic flow or any lawful business or occupation carried on by the owner of such land, his/her agent or the person in lawful possession thereof after being requested to leave by the owner of such land, his/her agent or the person in lawful possession thereof.
(§§ 6242, 6242.1, and 6242.2, T.O.O.C., and §§ 1 and 2, Ord. 217, as amended by § I, Ord. 1256-NS, eff. March 26, 1996, and § 17, Ord. 1374-NS, eff. April 26, 2001)