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CC - Item 3D - Ordinance Relating to Daytime Curfew Regulations and Amending Title 4, Chapter 1 of Municipal Code ORDINANCE NO. 792 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD RELATING TO DAYTIME CURFEW REGULATIONS AND AMENDING TITLE 4 , CHAPTER 1 OF THE ROSEMEAD MUNICIPAL CODE The City Council of the City of Rosemead DOES ORDAIN as follows : Section 1.. The City Council hereby finds : A. In 1995, the City Council adopted Ordinance No. 757, establishing a daytime curfew applicable to minors under the age of eighteen who are subject to compulsory education or compulsory continuation education. B. Los Angeles Superior Court litigation challenged the validity of another city' s similar ordinance . The Superior Court determined that one section of the ordinance was in conflict with a provision in the California Education Code , thereby rendering the ordinance unenforceable . C. It is the intent of the City Council in adopting this Ordinance to revise the provisions of Ordinance NO. 757 to address the concerns of the Superior Court and specifically include regulations consistent with those exceptions set forth in the California Education Code, or are otherwise provided by law, while continuing to protect the health, safety and welfare of minors under the age of eighteen and the general public . COUNCIL AGENDA APR 131999 ITEM No. " Section 2 . Title 4 , Chapter 1, Section 4143 (a) of the Rosemead Municipal Code is hereby amended to read as follows : "4143 (a) Daytime Loiter-111g by Minors . It is unlawful for any minor under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education to be in or upon any public street, highway, road, alley, park, playground, or other public ground, public place, public building, place of amusement, eating establishment or vacant lot during the hours of 8 : 30 a .m. and 1 : 30 p.m. on days when said minor' s school is in session. This section does not apply: A. When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or S . When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or C. When the minor is going or coming directly from or to their place of gainful employment or to or from a medical appointment ; or D. To students who have permission to leave school campus for lunch or school related activity and have in :heir possession a valid, school issued, off- campus permit . E . When the minor is exempt by law from 2 compulsory education or compulsory continuation education; or F. When the minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code §48205; or G. When the minor is an emancipated minor as that term is described in Family Code §7002 . Section 3 . If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance . The City Council of the City of Rosemead hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause , phrase or portion may be declared invalid or unconstitutional . Section 4 . The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage . 3 APPROVED AND ADOPTED this 13th day of April , 1999 . Mayor ATTEST: City Clerk 4 • • • • .. • ( , - • • fi 48205. Excused absences; average daily attendance computation f IQ (a) Notnithstanding Section 48200, a pupil shall be excused from school when the absence is' (1) Due to his or her illness. (2) Due to quarantine under the direction of a county or city health officer. ro (3) For the purpose of having medical. dental, optometrical. or chiropractic services rendered. 4j.' (4) For the purpose of attending the funeral services of a member of his or her immediate family, so 'L lone as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California. - (5) For the purpose of jury duty in the manner provided for by law. i5-' V. (6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent. (7) For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of his or her religion, attendance at religious • retreats, or attendance at an employment conference, when the pupil's absence has been requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant f. to uniform standards established by the governing board • . (b) A pupil absent from school under this section shall be allowed to complete all assignments and tests ' missed during the absence that can be reasonably provided and, upon satisfactory completion within a tom,' reasonable period of time, shall be given full credit therefor. As the teacher of any class from which a pupil is absent shall determine • • • the tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence. (c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester. (d) Absences pursuant to this section are deemed to be absences in computing average daily f. attendance and shall not generate state apportionment payments • • (e) "Immediate family." as used in this section, has the same meaning as that set forth in Section '3. 43194. except that references therein to "employee" shall be deemed to be references to "pupil,• r, (Amended by Stats.1994, c. 134 (A.B.2466), ¢ 1; Stats.1998, c. 846 (S.B.1468), 4 17, eff Sept. 25, 1998.) • § 7002. Emancipated minor, description A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied: (a) The person has entered into a valid marriage, whether or not the marriage has been dissolved. (b) The person is on active duty with the armed forces of the United States. (c) The person has received a declaration of emancipation pursuant to Section 7122. (Stats.1992, c. 162 (A.13.2650). § 10. operative Jan. I, 1994.)