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