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(b) There is a rebuttable presumption that the minor's school is in session on days <br /> when school facilities within the City of San Leandro are held open for the compulsory <br /> education or compulsory continuation education of all minors. <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 <br /> having care 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 <br /> employment or to or from a health care appointment; or <br /> (4) Permitted to leave the school for lunch or a school - related activity and has <br /> in his or 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 <br /> business, trade, profession, occupation or program in which he or she is lawfully engaged, such <br /> as a work study or work experience program, subject to verification by a proper school authority; <br /> 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 <br /> Section 48205 of the California Education Code, applicable federal or state law or a school <br /> absence policy permitted under the foregoing laws; or <br /> (8) Going directly to or from an event or activity that is directly related to any <br /> medical condition of a parent or other responsible adult having the care or custody of the minor; <br /> or <br /> (9) Exercising First Amendment rights protected by the United States <br /> Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, <br /> or going to or returning home therefrom, without any detour or stop; or <br /> (10) Traveling from an activity listed in this section to another activity listed in <br /> this 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 <br /> upon any public street, highway, road, alley, park, playground, or other public place, public <br /> building, place of amusement, eating establishment or vacant lot during the hours of 10:00 p.m. <br /> to 5:00 a.m. of the following day. <br /> (b) It is unlawful for any parent or guardian of an unemancipated minor to knowingly <br /> permit or, by insufficient control, to allow the minor to loiter in or upon any public street, <br /> highway, road, alley, park, playground, or other public place, public building, place of <br /> amusement, eating establishment or vacant lot during the hours of 10:00 p.m. to 5:00 a.m. of the <br /> following 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 <br /> having care or custody of the minor; or <br /> (2) On an errand at the direction of his or her parent, guardian or other <br /> responsible adult having care or custody of the minor, without detour or delay; or <br /> ORDINANCE NO. 2012 -012 3 <br />