Ordinance No. 958131
ORDINANCE NO. 958
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ADDING SECTION 17 -71 TO THE CODE OF CITY OF CYPRESS RELATING TO
SCHOOL ATTENDANCE AND TRUANCY.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 17 -71 is hereby added to Chapter 17 of the Code of the City of Cypress.
Section 17 -71. School Truancy /Purpose and Intent
WHEREAS, school absenteeism is a problem that plagues our schools and creates a burden
on the City of Cypress (`City "); and
WHEREAS, school truancy leads to a resultant loss of State and Federal funding to the
detriment of all students; and
WHEREAS, unsupervised. habitual truant students engage in unlawful activity to the
detriment of the City; and
WHEREAS, the State Legislature has recognized the problem of truancy and adopted
regulations relative to truancy in the State Education Code, Section 48200 et seq.; and
WHEREAS, current processes and procedures prescribed by the State Education Code to
address matters of habitual truancy have proven difficult to enforce by the City; and
WHEREAS, the educational community has asked for law enforcement's assistance in
addressing matters of habitual truancy; and
WHEREAS, the Orange County Probation Department has proclaimed an inability to follow
through with petitions filed for habitual truancy; and
WHEREAS, City law enforcement is in need of alternative prompt and efficient procedures
by which habitual truancy can be brought before the judicial authority.
IT IS, THEREFORE, the purpose and intent of the City Council of the City of Cypress in
enacting this ordinance to be consistent with and to support the State Education Code by providing
an alternative means of enforcement of compulsory education mandates as they relate to habitual
truants, by prohibiting any minor subject to compulsory education, subject to specific exceptions
related herein, from being in or upon the public streets, highways, roads, alleys, parks, playgrounds,
or other public grounds during hours when such student's school is in session.
IT IS FURTHER the intent of the City Council to provide appropriate sanctions against any
minor who violates this ordinance, by making such violation an infraction, enforceable by citation
and upon giving of written promise to appear.
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17-71a - Definitions:
Truant:
Emergency:
Guardian:
Minor:
Parent:
Public Place:
Street:
17 -71b - Truancy:
Any pupil subject to compulsory full -time education or compulsory
continuation education who is absent from school without valid
excuse more than three days or tardy in excess of thirty minutes on
each of more than three days in one school year is a truant.
An unforeseen combination of circumstances or the resulting state
that calls for immediate action. The term includes, but is not limited
to, the following: a fire, a natural disaster, an automobile accident, or
any situation requiring immediate action to prevent serious bodily
injury, or loss of life.
(1) A person, who, under court order, is the guardian of a minor;
or
(2) A public or private agency with whom the minor has been
placed by court order; or
(3) A person at least 18 years of age exercising care and custody
of the minor.
Any person between the ages of 6 and 18 years of age.
A person who is a natural parent, adoptive parent, or step - parent of
another person.
Any place to which the public or a substantial group of the public has
access including, but not limited to, streets, highways, beaches, parks,
playgrounds, and common areas of schools, hospitals, apartment
houses, office buildings, transport facilities, theaters, game rooms,
shops, shopping malls, or any other public place of business.
A way or place, of whatever nature, open to the use of the public as
a matter of right for the purpose of vehicular travel or in the case of
a sidewalk thereof for pedestrian travel. The term "street" includes
a legal right -of -way including, but not limited to, the traffic lanes,
curbs, sidewalk, whether paved or unpaved, and any grass plots or
other grounds found within the legal right -of -way of a street. The
term "street" applies irrespective of what the legal right -of -way is
formally named or called, whether alley, avenue, court, road or
otherwise.
It shall be unlawful for any minor between the ages of 6 and 18 years of age, and who is
subject to compulsory education or compulsory continuation education (pursuant to
Education Code Section 48200, et seq.), and who is defined as a truant pursuant to Section
48260 of the Education Code, to be in or upon any public place, or any abandoned or vacant
building, when the minor has no lawful excuse or exemption for the non-attendance of
school, on days when school is in session and during the hours designated for schooling for
said minor. This provision shall also apply to minors whose enrollment status is that of
suspension, expulsion, or transfers in progress.
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17-71c - Lawful Excuse:
The minor is accompanied by his/her parent, guardian, or other adult person or has parental
permission to be absent from school.
17-71d - Other Exceptions:
1) The minor is on an emergency errand directed by his/her parent, or other adult person
having authorization granting the care and custody of the minor.
2) The minor is going to or from his or her place of gainful employment with a valid
school work permit.
3) The minor is going to or from a medical appointment.
4) The minor has permission to leave campus for the lunch period and has in his /her
possession a valid and current lunch pass and has conformed with the conditions and
restrictions of the lunch pass.
The minor is going directly to or from an event or activity sponsored, sanctioned, or
arranged by the school.
6) The minor has permission to leave campus and has in his /her possession a valid,
school- issued, off - campus permit.
7) The minor is receiving instruction by a qualified tutor pursuant to Education Code
Section 48224, or is receiving home instruction through the private exemption
pursuant to California Education Code Section 48222.
17 -71e - Authority of City Police to Issue Citation:
A Police Officer may issue a notice to appear to any minor found to be in violation of the
provisions of this ordinance.
17-71f - Violation:
Each violation of the provisions set forth herein shall constitute a separate infraction.
17 -71g - Penalties for Violations:
Any minor violating any of the provisions of this ordinance shall be punished as follows:
1) Offense - Infraction: Violation of this ordinance shall be deemed to be an infraction
and upon a sustained finding thereon shall be punished by a fine to be determined by
the court not to exceed $25.00 and/or any other penalty provided by the Welfare and
Institutions Code Sections 258, 601, 601.2, or 601.4.
2) The court may set aside the penalties set forth herein if the minor produces proof
satisfactory to the court that the following has occurred:
a) The minor has had no unexcused absences from school from the date of the
citation; and
b) The minor has performed twenty hours of court- approved community service
during times other than the minor's hours of school attendance.
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17 -71h - Severability:
If any provision or clause of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect any other provision or
application of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are declared to be severable.
FIRST READ at the regular meeting of the City Council of said City held on the 28th day
of October 1996, and finally adopted and ordered posted at a regular meeting held on the 12th day
of November 1996.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA,)
) SS.
COUNTY OF ORANGE. )
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, California, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at the regular meeting of the City Council
of the City of Cypress, held on the 12th day of November 1996, by the following role call
vote:
AYES: 3 COUNCIL MEMBERS: Age, Kerry and Bowman
NOES: 2 COUNCIL MEMBERS: Carroll and Jones
ABSENT: 0 COUNCIL MEMBERS: None
CIT'Y'CLLRK OF THE CITY OF CYPRESS
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