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File Number: 12 -360
<br />schools, hospitals, apartment houses, office buildings, transport facilities and shops.
<br />(h) "Responsible adult" shall mean a person at least eighteen (18) years of age,
<br />authorized by a parent or guardian to have the care and custody of a minor.
<br />4 -1 -305 DAYTIME CURFEW.
<br />(a) It is unlawful for any minor who is subject to compulsory education or compulsory
<br />continuation education to loiter, wander, stroll, or play in or upon any public street, highway,
<br />road, alley, park, playground, or other public place, public building, place of amusement,
<br />eating establishment or vacant lot during the hours of 8:00 a.m. to 3:00 p.m of that same day,
<br />on days when the minor's school is in session.
<br />(b) There is a rebuttable presumption that the minor's school is in session on days when
<br />the school facilities of the San Leandro Unified School District are held open for the
<br />compulsory education or compulsory continuation education of all minors pursuant to a school
<br />calendar passed and adopted by the Board of Education of the San Leandro Unified School
<br />District or its designate.
<br />(c) It is a defense to Section 4 -1 -305 (a) that the minor was:
<br />(1) Accompanied by his or her parent, guardian or other responsible adult having care
<br />or custody of the minor; or
<br />(2) On an emergency errand directed by his or her parent, guardian or other
<br />responsible adult having care or custody of the minor; or
<br />(3) Going or coming directly to or from his or her place of gainful employment or to or
<br />from a health care appointment; or
<br />(4) Permitted to leave the school for lunch or a school - related activity and has in his or
<br />her possession a valid, school- issued, off - campus permit; or
<br />(5) Going or coming directly to or from a school- approved or school - related business,
<br />trade, profession, occupation or program in which he or she is lawfully engaged, such as a
<br />work study or work experience program, subject to verification by a proper school authority; or
<br />(6) Exempt by federal or state law from compulsory education or compulsory
<br />continuation education; or
<br />(7) Authorized to be absent from his or her school under the provisions of Section
<br />48205 of the California Education Code, applicable federal or state law or a school absence
<br />policy permitted under the foregoing laws; or
<br />(8) Going directly to or from an event or activity that is directly related to any medical
<br />condition of a parent or other responsible adult having the care or custody of the minor; or
<br />(9) Exercising First Amendment rights protected by the United States Constitution, such
<br />as the free exercise of religion, freedom of speech and the right of assembly, or going to or
<br />returning home therefrom, without any detour or stop; or
<br />(10) Traveling from an activity listed in this section to another activity listed in this
<br />section, without any detour or stop.
<br />4 -1 -310 NIGHTTIME CURFEW.
<br />(a) It is unlawful for any unemancipated minor to loiter, wander, stroll or play in or upon
<br />any public street, highway, road, alley, park, playground, or other public place, public building,
<br />place of amusement, eating establishment or vacant lot during the hours of 10:00 p.m. to 5:00
<br />a.m. of the following day.
<br />(b) It is unlawful for any parent or guardian of an unemancipated minor to knowingly permit
<br />or, by insufficient control, to allow the minor to loiter in or upon any public street, highway,
<br />road, alley, park, playground, or other public place, public building, place of amusement,
<br />City of San Leandro Page 3 Printed on 711012012
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