(1) Minors subject to compulsory education; Daytime. It is unlawful for any minor subject to compulsory education to loiter or remain in any public place, any restricted dwelling, or any unsupervised place within the Layton City limits during the normal school hours for the school said minor is required to attend.
(2) Minors subject to a compulsory alternative education program; Daytime. It is unlawful for any minor subject to a compulsory alternative education program to loiter or remain in any public place, any restricted dwelling, or any unsupervised place within the Layton City limits during the normal school hours for the school said minor would normally be enrolled.
(3) Parents, guardians, and teachers; Daytime. It is unlawful for any parent, guardian, teacher, or other person having legal care and custody of any minor dealt with respectively in Subsections (1) and (2) of this Section to permit or allow, whether willfully or by exercise of insufficient control, any such minor to remain or loiter in any public place or in any other restricted place, except as provided in Subsection (4) of this Section.
(4) Defenses. It shall be a defense to a violation of Subsections (1) and (2) that at the time the minor was stopped by a peace officer, the minor was:
(a) A minor fourteen (14) years or older, emancipated by marriage;
(b) Accompanied by the minor's parent, guardian, or other adult person having care, custody, or supervision of said minor;
(c) In a motor vehicle involved in interstate travel;
(d) On an errand at the direction of the minor's parent or guardian, without detour or stop;
(e) Acting in response to an emergency;
(f) Going to, or returning from, a medical or dental appointment;
(g) Permitted to leave the school campus for lunch or any school-approved activity;
(h) Attending, or without any detour or stop, was going to, or returning from, a school-approved, recreational, or educational activity, supervised by adults, and sponsored by the local school district, another school district, or any civic, religious, or other government organization;
(i) Going to, or returning directly from, a compulsory alternative education program;
(j) Going to, or returning directly from, the minor's place of school approved employment;
(k) Granted an exemption for "home schooling" as prescribed by the local board of education; or
(l) Otherwise granted an exemption to compulsory education by the local board of education, under Section 53A-11-102 of the Utah Code (as amended), or any successor provision.
(5) Enforcement procedures. Before taking any enforcement action under the provisions of this Section, a peace officer shall ask said minor's age and reason for being in the public place or other restricted place. The peace officer should not take enforcement action under this Section if the peace officer has reasonable cause to believe that any defense under Subsection (4) of this Section applies.
Upon any violation of Subsections (1) and (2):
(a) A peace officer may take the minor into temporary custody and/or issue a citation to the minor.
(b) If the peace officer takes the minor into temporary custody, the peace officer, without unreasonable delay, shall:
(i) transport the minor to the school from which the minor is absent, releasing the minor to the principal or other designated school official;
(ii) release the minor to any individual who has been designated by the local school board to receive and return the minor to school; or
(iii) transport and release the minor to a receiving center established and designated by the local school board.
(c) If the minor refuses to return to school or go to the receiving center, or the peace officer is unable to otherwise release the minor to the appropriate school official or designated receiving center, as provided in Subsection (iii) above, the peace officer may release the minor to the minor's parent or guardian, and shall notify the appropriate school officials of the violation. If a parent or guardian cannot be reached or is unable to accept custody, the minor shall be referred to the Division of Child and Family Services, in the manner required under state law.
(d) If cited, the minor shall appear, along with a parent or guardian, in the applicable youth court or in Juvenile Court as directed in the citation.
(e) A parent or guardian shall not be cited for a violation of Subsection (3), unless the minor in question was previously cited for a violation of this Section and the parent or guardian was warned or advised by a peace officer, school official, receiving center, or court official of such violation.
(6) Penalty. A violation of this Section shall be a class C misdemeanor. In Juvenile or District Court, a person adjudicated in violation of this Section shall receive a minimum fine of Fifty Dollars ($50.00) for an initial violation. A person adjudicated in subsequent violations of this Section shall receive a minimum fine of One Hundred Dollars ($100.00). The minimum fine is not intended to be a limitation of any other penalty, probation, community service requirement, or other fine, which may be imposed by the applicable court.
Ord. No. 03-44, Enacted 11/6/2003Ord. No. 03-44, Enacted, 11/6/2003
Ord. No. 13-21, Amended, 6/20/2013