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File Number: 12 -360 eating establishment or vacant lot during the hours of 10:00 p.m. to 5:00 a.m. of the following day. (c) It is a defense to Section 4 -1 -310 (a -b) that the minor was: (1) Accompanied by his or her parent, guardian or other responsible adult having care or custody of the minor; or (2) On an errand at the direction of his or her parent, guardian or other responsible adult having care or custody of the minor, without detour or delay; or (3) In a motor vehicle involved in intrastate or interstate travel, and such driving does not constitute loitering or wandering; or (4) Engaged in employment, or going to or returning home from employment, without detour or delay; or (5) Involved in an emergency; or (6) On the sidewalk adjacent to his or her residence, provided that the minor is not otherwise violating the law; or (7) Attending an official school, religious, or other recreational activity supervised by a responsible adult and sponsored by the City of San Leandro, a civic organization or other similar entity that takes responsibility for the safety of the minor; or going to or returning home from an official school, religious or other recreational activity supervised by a responsible adult and sponsored by the City of San Leandro, a civic organization or other similar entity that takes responsibility for the safety of the minor, without detour or delay; or (8) Emancipated pursuant to law; or (9) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, or going to or returning home therefrom, without any detour or stop; or (10) Traveling from an activity listed in this section to another activity listed in this section, without any detour or stop. 4 -1 -315 ENFORCEMENT OF ARTICLE. (a) Prior to any enforcement action under this Article, a police officer shall ask the apparent offender to provide: (1) A form of government- issued or school- issued identification belonging to him or her, or a statement of his or her age; and (2) A reason for him or her to be in or upon the public street, highway, road, alley, park, playground, or other public place, public building, place of amusement, eating establishment or vacant lot during the curfew hours established under this Article. (b) The police officer shall not detain, arrest or issue a citation to the apparent offender unless the police officer reasonably believes: (1) That the apparent offender has violated the provisions of this Article; and (2) That, based on the apparent offender's responses or other circumstances, no rebuttable presumptions or defenses under the provisions of this Article appear to be present or applicable. 4 -1 -320 VIOLATIONS. (a) Each and every violation of this Article shall constitute a separate offense in accordance with Section 1 -12 -140. (b) Minors who are found to have violated the provisions of this Article shall be dealt with in accordance with juvenile court law and procedure. (c) Any person found to have violated the provisions of this section shall be guilty of an City of San Leandro Page 4 Printed on 711012012