ORDINANCE 1259ORDINANCE NO. 1259
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO AMENDING CHAPTER 9.08, SECTIONS 9.08.010
AND 9.08.020 AND ADDING SECTIONS 9.08.030, 9.08.040, AND
9.08.050 OF THE EL SEGUNDO MUNICIPAL CODE TO
PROHIBIT ANY PERSON UNDER THE AGE OF 18 AND
SUBJECT TO COMPULSORY SCHOOL FROM LOITERING
BETWEEN THE HOURS OF 8:30 A.M. AND 1:30 P.M. WITH
CERTAIN EXCEPTIONS, AND PROHIBIT ANY PERSON
UNDER THE AGE OF 18 FROM LOITERING AFTER 10:00 P.M.
UNTIL SUNRISE AND TO AUTHORIZE COST RECOVERY
FOR SAID VIOLATIONS
WHEREAS, truancy and loitering are problems that plague our schools and create a burden for
the City and its residents;
WHEREAS, the unexcused absences of students from school results in a loss of State and
Federal funding to the detriment of all students;
WHEREAS, truant students may involve themselves in unsafe and criminal activities by
loitering in residential neighborhoods, business districts and malls;
WHEREAS, truant students become a burden on law enforcement services personnel who must
return them to school, wait for parents to pick them up, and investigate any and all criminal activity
related to a student's truancy;
WHEREAS, the intent of the City Council in enacting this Ordinance is to prohibit any minor,
under the age of 18, who is subject to compulsory education or to compulsory continuation education,
subject to specific exceptions, to loiter in or upon the public streets, highways, roads, alleys, parks,
playgrounds, or other public grounds between the hours of 8:30 a.m. and 1:30 p.m. on days when said
student's school is in session;
WHEREAS, it is the intent of the City Council to amend and recodify City of El Segundo
Municipal Code Chapter 9.08 relating to Curfews to simplify the administration of this Ordinance;
WHEREAS, it is further the intent of the City Council to provide appropriate criminal sanctions
against any minor who violates this Ordinance by making a violation of this Ordinance an infraction.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.08 of the El Segundo Municipal Code is hereby amended to read:
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"CHAPTER 9.08 CURFEW
Sections:
9.08.010
DAYTIME CURFEW
9.08.020
NIGHTTIME CURFEW
9.08.030
VIOLATION
9.08.040
COST RECOVERY
9.08.050
RESPONSIBILITY OF PARENTS OR GUARDIANS
9.08.010 Daytime Curfew.
(a) No minor under the age of eighteen (18), who is subject to compulsory education,
pursuant to section 48200 et seq. of the Education Code as that Code now exists and may
hereafter be amended, or to compulsory continuation education, pursuant to section 48200 et
seq. of the Education Code as that Code now exists and may hereafter be amended, shall, alone
or in concert with others, loiter, idle, wander, stroll, drive or play in or in any other manner be
in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public
grounds, public places, public buildings, places of amusement and eating places, vacant lots or
any place open to the public between the hours of 8:30 a.m. and 1:30 p.m. of the same day on
days when said minor's school is in session.
(b) Exceptions. The provisions of subsection (a) of this Section 9.08.010 shall not apply
when:
1. The minor has in his or her possession a written excuse from the minor's
parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of
said minor, which excuse provides a reasonable explanation, as determined by the court,
for the minor's absence from school;
2. The minor is accompanied by his or her parent, guardian or other adult person
over the age of eighteen having the care and custody of the minor;
3. The minor is on an emergency errand directed by his or her parent or guardian
or other adult person having the care and custody of the minor;
4. The minor is going to or coming directly from his or her place of gainful
employment;
5. The minor is going to or coming from a medical appointment;
6. The minor has permission to leave campus for lunch or a school - related activity
and has in his or her possession a valid, school- issued, off - campus permit or is
supervised by school personnel;
7. 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
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engaged.
9.08.020 Nighttime Curfew.
(a) No minor under the age of eighteen (18) shall, alone or in concert with others, loiter,
idle, wander, stroll, drive or play in or in any other manner be in or upon the public streets,
highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public
buildings, places of amusement and eating places, vacant lots or any place open to the public
between the hours of 10:00 p.m. and sunrise the following day.
(b) Exceptions. The provisions of subsection (a) of this Section 9.08.020 shall not apply
when:
1. The minor is accompanied by his or her parent, guardian or other adult person
over the age of eighteen having the care and custody of the minor;
2. The minor is on an emergency errand directed by his or her parent or guardian
or other adult person having the care and custody of the minor;
3. The minor is going or coming directly from or to his or her place of gainful
employment;
4. The minor is going or coming to or from a medical appointment;
5. The minor, with the approval of the minor's parent, legal guardian, or other adult
person having the legal care or custody of the minor, is returning directly home from a
meeting, eating establishment, place of public entertainment (such as a movie, play, or
sporting event), recreational, church or school activity, dance or other such event.
6. 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.
9.08.030 Violation.
(a) Each violation of the provisions of Sections 9.08.010 and 9.08.020 shall constitute a
separate offense and shall be an infraction, and the peace officer shall be authorized to
issue a citation to appear in a juvenile traffic court of competent jurisdiction or to file
a juvenile application for a petition to be filed under Section 601 or 602 of the Welfare
and Institutions Code, at the discretion of the peace officer.
(b) A minor cited for an infraction under this chapter must attend a court hearing on the
infraction and must be accompanied at the hearing by his or her parent(s), legal
guardian(s), or other adult person(s) having the legal care or custody of said minor. If
any such parental or custodial person(s) fails to attend the hearing with the minor, and
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unless the interests of justice would otherwise be served, the court shall continue the
hearing and shall issue a citation to said parental or custodian person(s) directing said
person(s) to appear at the continued hearing with the minor. Any person convicted of
willfully violating this ordinance is guilty of an infraction punishable by a fine not
exceeding $100 for the first offense within a one year period, not exceeding $200 for the
second offense within a one year period, and not exceeding $500 for the third offense
within a one year period and/or performance of community service for a total time not
to exceed ten (10) hours over a period not to exceed thirty (3 0) days, during times other
than his or her hours of school attendance or employment. The court may continue the
imposition of the sentence described herein and if, after sixty (60) days, the minor has
had no unexcused absences from school during that period, and the minor produces
proof of that fact to the court, the court shall cause the imposition of the fine imposed
to be set aside.
9.08.040 Cost Recovery.
A minor who violates Sections 9.08.010 or 9.08.020, as well as the parent(s) or legal guardian(s)
of such a minor, shall be jointly and severally liable for the costs of the law enforcement
services as provided in Welfare and Institutions Code Section 625.5. The City Council shall
adopt a resolution to implement this Section 9.08.040 as provided in Welfare and Institutions
Code Section 625.5.
9.08.050 Responsibility of Parents and Guardians.
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 a person
described in Section 9.08.010 and Section 9.08.020 to violate any provisions of said sections,
is guilty of a misdemeanor."
SECTION 2. Severability of Provisions. If any severable provision of this Ordinance or any
application thereof is held invalid, that invalidity shall not affect other provisions or applications of the
Ordinance which can be given effect notwithstanding such invalidity.
SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause the
same to be published as required by law.
PASSED, APPROVED AND ADOPTED this 6th day of August, 1996.
MAYOR
ATTES SEAL)
CITY CLERK
APPROVED AS TO
C TY ATTORNEY
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
I, Lora Freeman, Deputy City Clerk of the City of El Segundo, California, DO
HEREBY CERTIFY that the whole number of members of the City Council of the said
City is five; that the foregoing ordinance, being ORDINANCE NO. 1259 is a full, true
correct original of ORDINANCE NO. 1259 of the said City of El Segundo, California,
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, AMENDING CHAPTER 9.08, SECTIONS
9.08.010 AND 9.08.020 AND ADDING SECTIONS 9.08.030,
9.08.040, AND 9.08.050 OF THE EL SEGUNDO MUNICIPAL
CODE TO PROHIBIT ANY PERSON UNDER THE AGE OF
18 AND SUBJECT TO COMPULSORY SCHOOL FROM
LOITERING BETWEEN THE HOURS OF 8:30 A.M. AND
1:30 P.M. WITH CERTAIN EXCEPTIONS, AND PROHIBIT
ANY PERSON UNDER THE AGE OF 18 FROM LOITERING
AFTER 10:00 P.M. UNTIL SUNRISE AND TO AUTHORIZE
COST RECOVERY FOR SAID VIOLATIONS.
which was duly passed and adopted by the said City Council, approved and signed by
the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting
of the said Council held on the 6TH DAY OF AUGUST. 1996, and the same was
so passed and adopted by the following vote:
AYES: Mayor Jacobs, MayorProTem Wernick, Councilwoman
Friedkin, Councilman Weston, and Councilman Gordon
NOES: None
ABSENT: None
ABSTAINED: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing ORDINANCE NO. 1259,
was posted and /or published in the manner prescribed by law.
RA FREEMAN,
eputy City Clerk of the
City of El Segundo, California
(SEAL)
1259