HomeMy WebLinkAbout14 CURFEW ORD 05-17-99 AG :DA
NO. 14
5-17-99
lnter-Com
DATE:
MAY 17, 1999
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1216, CURFEW ORDINANCE
SUMMARY: Proposed Ordinance No. 1216 Will revise the current curfew
ordinance pursuant to recent law changes. This revision: (1) provides definitions
for various terms, (2) details responsibilities of parents and others, (3) expands
and defines exceptions to the ordinance, (4) defines enforcement options, and (5)
defines violations and penalties.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1216 (roll call
vote).
BACKGROUND:
The following Ordinance No. 1216 had first reading and introduction at the May
3, 1999 City Council meeting:
ORDINANCE NO. 1216 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 6102 OF THE TUSTIN CITY CODE
RELATING TO A CURFEW FOR MINORS
Valerie Crabill
Chief Deputy City Clerk
i:MEMOORD
4
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ORDINANCE NO. 1216__~_
AN ORDINANCE OF THE CITY COUNCIL OF THE'CITY
OF TUSTIN, CALIFORNIA, AMENDING SECTION 6102
OF THE TUSTIN CITY CODE RELATING TO A CURFEW
FOR MINORS
The City Council of the City of Tustin herein ordains as
follows:
Section 1.
Purpose
The purpose of this ordinance is to protect the public health,
safety and welfare of minors at night and to reduce juvenile crime.
Section 2. Section 6102 of the Tustin City Code is hereby
amended in its enti.rety to read as follows:
6102 CURFEW - PERSONS UNDER EIGHTEEN YEARS OF AGE
a. Definitions
For purposes of this section, the following terms have the
following meanings:
"City" means City of Tustin.
"Curfew hours" means the period from 11:00 p.m. any evening of
the week, until 5:00 a.m. the following day.
"Emergency" means an unforeseen combination of circumstances
or the resulting state that calls for immediate action. The
term includes, but is not limited to, a fire, a natural
disaster, an automobile accident or any situation requiring
immediate action to prevent serious bodily injury or loss of
life.
"Establishment" means any privately owned place of business
operated for a profit to which the public is invited,
including, but not limited to, any place of amusement or
entertainment.
"Guardian" means (1) a person Who, under court order, is the
guardian of the person of a minor; or (2) a public or private
agency with whom a minor has been placed by a court.
"Minor" means any person under eighteen (18) years of age.
1100-00026
75017~1
1 of 6
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"Parent" means a person who is a natural parent, adoptive
parent, or step-parent of another person.
"Public place" means any place in the City of Tustin to which
the public has access and includes, but is not limited
to,streets, highways, alleys and the common areas of schools,
hospitals, apartment houses, office buildings, transportation
facilities, shopping centers, and malls,
~Remain" means to linger or stay, or fail to leave the
premises when requested to do so by a police officer' or the
owner, operator, or other person in control of the premises.
"Responsible adult" means a person at least eighteen (18)
years of age, authorized by a parent or guardian to have the
care and custody of a minor.
"Serious bodily injury" means bodily injury that creates a
substantial risk of death or that causes death, serious
permanent disfigurement or protracted loss or impairment of
the function of any bodily member or organ.
b. Curfew Restriction
(1) It shall be unlawful for any minor to be present in any
public place or on the premises of any establishment
within the City during curfew hours;
(2) No parent or guardian of a minor shall knowingly permit,
or by insufficient control, allow any minor to remain in
any public place or on the premises of any establishment
within the city during curfew hours;
(3) No owner, operator or employee of any establishment shall
knowingly allow a minor to remain upon the premises of
the establishment during curfew hours.
c. Exceptions
(1) ~t is a defense to proseCution under this Section that
the minor is:
(a) accompanied by the minor's parent or guardian, or by
a responsible adult;
(b) on an errand at the direction of the minor's parent
or guardian, or the responsible adult, without any
detour or stop;
(c) in a motor vehicle involved in interstate travel;
1100-00026
75017~1
20f6
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(d) engaged in an employment activity, or going to or
returning home from an employment acsivity, without
any detour or stop;
(e) involved in an emergency;
(f) on the sidewalk abutting the minor's residence;
(g) attending an official school, religious, or other
recreational activity supervised by adults and
sponsored by the City of Tustin, a civic
organization, or another similar entity that takes
responsibility for the minor, or going to or
returning home from, without any detour or stop,
any of the foregoing activities;
(h) exercising First Amendment rights of speech or
associational activity Protected by the United
States Constitution or civil liberties protected by
the California Constitution; or is
(i) emancipated pursuant to federal or state law.
(2) It is a defense to prosecution under this Section if the
parent notified the police department that the minor was
out after curfew hours without permission, or failed to
obey the parents' order to stay home during curfew hours.
(3) It is a defense to prosecution under this Section if the
owner, operator or employee of an establishment promptly
notified the police department that a minor was present
on the premises of the establishment during curfew hours
and refused to leave.
d. Enforcement
(1) Every law enforcement officer is hereby authorized and
empowered to demand from any person whom he or she has
reasonable cause to believe is a minor who is violating
this Section and does not come within the exceptions
herein that such person give his or her name and address,
and the name of his or her parent(s), guardian(s) or
other responsible adult(s), if any, who has the care and
custody of such person, and furnish proof of his or her
age and that he or she comes within the exceptions
herein.
(2) If, after .demanding the information described in subpart
1 above the officer still has reasonble cause to believe
the person is violating this Section and does not come
within the exceptions herein, the officer is hereby
1100-00026 3of6
7501~1
10
11
12
1'3
14
15
16
17
18
19
20
21
22
23
24
25
authorized and empowered to take any or more than one of
the following actions:
(a) To issue a warning to such person and/or his or her
parent(s) or guardian(s) about the consequences of
violating this Section;
(b) To take such minor into custody and transport him or
her to. his or her residence or to another place
where he or she will be supervised by a responsible
adult;
(c) To communicate with the parent(s) or guardian(s) of
such minor' and. demand from any of them the
information described in subpart (1) above;
(d) To communicate with the parent(s) or guardian(s) of
such minor and demand of any of them that he or she
take the minor to the minor's residence or to any
place where the minor will be supervised by a
responsible adult;
(e) To issue to such minor a notice to appear before the
Juvenile Court, a Juvenile Court referee or a
juvenile traffic hearing officer, as appropriate;
(f) To take such' minor into temporary custody in
accordance with Welfare and Institutions Code
Sections 625 and 625.5, subject to Welfare and
Institutions Code Section 207;
(g) To take such other action or actions as are
permitted by the laws of the State of California
and are deemed necessary by the officer to
safeguard the well being of such minor.
(3) A law enforcement officer shall not take any of the
enforcement actions described in part (2) above unless
the officer reasonably believes that the person with
respect to whom the action(s) is taken is violating this
Section and, based upon any responses and other
circumstances, has no defense hereunder.
e .
Failure of parent or guardian to take minor to safe place
during curfew hours
It is unlawful for any parent or guardian to fail to take
a minor to his or her residence or to a place where he or she
will be supervised by a responsible adult, when so demanded by
any law enforcement officer in accordance with subpart (2)(d)
of subsection (d) above.
1100-00026 4 of 6
75017~1
4
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
f. Violation and Penalty
Any person violating the provisions of this Section shall
be guilty of an infraction punishable by a fine not exceeding
one hundred dollars for a first violation, one hundred fifty
for a'second violation of the same provision within any twelve
consecutive month period, and two hundred for a third
violation of the same provision within any twelve consecutive
month period. Any fourth and subsequent violation of the same
provision of this Section within any twelve consecutive month
period shall be a misdemeanor punishable by a fine not
exceeding one thousand dollars or imprisonment for a term not
exceeding six months, or by both such fine and imprisonment.
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 Ci.ty Council of
the City of Tustin 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
sections, subsections, sentences, clauses, phrases, or portions be
declared, invalid or unconstitutional.
PASSED AND ADOPTED, at .a regular meeting of the City Council
for the City of Tustin on this / 7 day of ~~-c~
1999. ~ '
TRACY IVILLS ~ORLEY, MAYOR
PAMELA STOKER, City Clerk
~oo-ooo~ 5 of 6 ·
75017~1
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ORDINANCE CERTIFICATION
STATE OF CALiFOR/~IA
COUNTY OF.CRA_NGE )
CITY OF TUSTIN )
ss.
ORDINANCE NO.
PAMELA STOKER, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify that
the whole number of the members of the City Council of the City of
Tustin is five; that the above and foregoing Ordinance was duly and
regularly introduced and read at the regular meeting of the City
Council held on the day of , 1999 and
was given its second reading, passed and adopted at a regular
meeting of ~he City Council held on the day of ,
1999 by the following vote;
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER, City Clerk
Published:
1100-00026
75017~1
6of6