2009-34 Curfew and Truancy ORDINANCE NO. 2009-34
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, RESCINDING RIVERSIDE COUNTY ORDINANCE 339,
RELATING TO THE CONTROL OF CURFEW AND TRUANCY OF
PERSONS, AND ADOPTING CHAPTER 11.15 TO THE MENIFEE
MUNICIPAL CODE, PROVIDING FOR THE CONTROL OF CURFEW AND
TRUANCY OF PERSONS UNDER THE AGE OF 18 YEARS
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 11.15 is added to the Menifee Municipal Code to read as follows:
Chapter 11.15
Sections:
11.15.010 Definitions
11.15.020 Truancy Regulations
11.15.030 Curfew Regulations
11.15.040 Violations
11.15.050 Enforcement
11.15.010 Definitions
As used in this chapter, the following words and phrases shall have the meaning forth
herein.
"Curfew hours" shall mean the period from 10:00 p.m. any evening of the week, until
6:00 a.m. the following day.
"Emergency" shall mean one or more unforeseen circumstances or the resulting state
requiring immediate action, such as a fire, natural disaster, accident or situation requiring
immediate action to prevent or to treat serious injury or loss to person or property.
"Establishment" shall mean any privately-owned place of business to which the public is
invited, including but not limited to places of amusement or entertainment.
"Guardian" shall mean (1) a person who, pursuant to a court order, is designated as the
guardian of a minor; or (2) a public or private agency with which a court has placed the minor.
"Minor" shall mean any person under eighteen years of age.
"Parent" shall mean a person who is a natural, adoptive or stepparent of another person.
"Public place" shall mean any place to which the residents of Menifee or a substantial
group of them have access and includes, but is not limited to, streets, highways, common areas
of schools, hospitals, apartment houses, office buildings, transport facilities, establishments,
parks, docks or beaches.
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"Responsible adult" shall mean a person at least eighteen years of age authorized by a
parent or guardian to have care, custody or control of the minor.
"Truancy hours" shall mean seven (7) a.m. to four(4) p.m. or other hours as designated
by the respective school district or school on days when school is in session.
11.15.020 Truancy Regulations
A. It is unlawful for any minor under the age of eighteen who is subject to compulsory
education or to compulsory continuation education to be present in any public place or
establishment within Menifee during truancy hours.
B. The provisions of this section shall not apply under any one of the following
circumstances:
(1) The minor is accompanied by his or her parent(s), legal guardian, or a
responsible adult;
(2) The minor is involved in an emergency;
(3) The minor is attending, going to, or returning home without any detour or stop
from an official meeting or lesson, school activity, civic organization, educational,
religious or recreational activity supervised by a responsible adult;
(4) The minor is engaged in lawful employment activity, or is going to, or returning
home from a lawful employment activity without any detour or stop;
(5) The minor is going to, or returning from, a medical or similar appointment without
any detour or stop;
(6) The minor is in possession of valid proof that he/she is a student who has
permission to leave the school campus.
11.15.030 Curfew Regulations
A. It is unlawful for any minor to be present in any public place or on the premises of any
establishment within the City of Menifee during curfew hours.
B. It is unlawful for any parent or guardian of a minor to knowingly permit, or by
insufficient control to allow, the minor to be present in any public place or on the premises of
any establishment within the City of Menifee during curfew hours.
C. The provisions of this section shall not apply if the minor was:
(1) accompanied by the minor's parent, guardian, or a responsible adult;
(2) on an errand at the direction of the minor's parent, guardian, or responsible adult,
without any detour or stop;
(3) engaged in, going to or returning home from an employment activity without any
detour or stop;
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(4) involved in an emergency;
(5) on the sidewalk abutting the minor's residence;
(6) engaged in, going to or returning home form an official school, religious, or other
recreational activity supervised by a responsible adult, sponsored by the County
of Riverside, a civic organization, or another similar entity that takes responsibility
for the minor; or
(7) exercising First Amendment rights protected by the United States Constitution.
11.15.040 Violations
A. It is unlawful for the parent or guardian of a minor to knowingly permit, or by
insufficient control, allow the minor to be present in any public place or on the premises of any
establishment within the City of Menifee during truancy hours, unless the minor is so present
because of one of the express exceptions under Section 2 of this Chapter.
B. It is unlawful for the parent or guardian of a minor to knowingly permit, or by
insufficient control, allow the minor to be present in any public place or on the premises of any
establishment within the City of Menifee during curfew hours, unless the minor is so present
because of one of the express exceptions under Section 3 of this Chapter.
11.15.050 Enforcement
A. Before taking any enforcement action under this ordinance, a law enforcement officer
shall ask the apparent offender's age and a reason for being in the public place or on the
premises of an establishment during curfew or truancy hours. 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 no defense under Sections 2 or 3 is applicable.
B. Each violation of this section shall constitute a separate offense. Any person who
violates any of the provisions of Sections 2, 3, or 4 of this ordinance shall be guilty of a
misdemeanor or an infraction, and upon conviction thereof shall be punished by a fine of not
more than five hundred dollars ($500.00), or by imprisonment in the County Jail for a period of
not more than six (6) months, or by both such fine and imprisonment. Minors shall be dealt with
in accordance with juvenile court law and procedure.
SECTION 2. SUPERSEDES COUNTY ORDINANCE.
Chapter 11.15 shall supersede Riverside County Ordinance No. 339, relating to the
control of curfew and truancy of persons.
SECTION 3. EFFECTIVE DATE.
This ordinance shall be effective 30 days from the date of its adoption. The City Clerk
shall post this ordinance as required by law.
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PASSED, APPROVED AND ADOPTED thisday of 09, by the
following vote:
Ayes: )
Noes; `I ( m—)
Absent: �Yl vm
Abstain:
Lp
Aff
Wallace W. Edgerton, Mayor
ATTEST:
J&�
Kathy Bennett, City Clerk
Approved as to form:
Elizabeth Marlyn, City Attorney
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