HomeMy WebLinkAbout14 CURFEW ORD REV'S 05-03-99AGENDA
NO. 14
5-3-99
DATE:
MAY 3, 1999
Inter-Oom
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
POLICE DEPARTMENT
CURFEW ORDINANCE REVISIONS
RECOMMENDATION
First reading by title only and introduction of Ordinance No. 1216, amending Section
6102, of the Tustin City Code relating to a curfew for minors.
FISCAL IMPACT
None
BACKGROUND
Recent case law and court decisions have impacted law enforcement's ability to utilize
curfew ordinances as an enforcement tool.
This revision:
· Provides definitions for various terms.
· Det_~jls responsibilities of parents and others.
· Expands and defines exceptions to the ordinance.
· Defines enforcement options.
· Defines violations and penalties.
Pursuant to these changes, the City Attorney has made modifications as contained in
Ordinance No. 1216, to the Tustin City Code relating.to a curfew for minors, which brings
it into compliance with existing case law. These changes will make this ordinance once
William A. Huston, City _.~anager
CurfeTM Ordinance Revisions
May 3, 1999
Page 2
again a valuable tool for the Pohce Department to utilize in dealing with public safety
within the City of Tustin.
We recommend this ordinance have its first reading by title only and introduction.
STE~~
Chief of Police
SF:FW:et
LAW OFFICES OF
WOODRUFF, SPRADLIN & Sl~
A PROFESSIONAL CORPORATION
MEMORANDUM
TO:
FROM:
DATE:
RE:
Steve Foster, Chief of Police
City of Tustin
City Attorney
March 19, 1999
Curfew Ordinance
Enclosed please find the proposed curfew ordinance, which we have revised
according to your suggestions. We researched the requirement for parents to supervise
children under 14 years old and found that it is an area left to local regulation.
Since we found no requirement to adopt specific parent/guardian supervision
regulations, we have deleted Section (f), "Supervision of young minors," and have
renumbered Section (g) accordingly.
If you do not have additional changes, suggestions, or questions regarding the
attached ordinance, you may forward it to the City Council for adoption.
Let us know if you need additional assistance in this matter.
· JEFFRF~/' ~// U
OMAR SANDOVAL
cc: William A. Huston, City Manager
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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.
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b .
"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 than 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.
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) It 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 intersta5e travel;
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(d) engaged in an employment activity, or going to or
returning home from an employment activity, without
any detour or stop;
(e) involved in an emergency;
(f) on the sidewalk abutting the minor's residence;
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
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e o
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.
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.
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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 day of ,
1999.
TRACY ~';I LLS WORLEY, MAYOR
PAMELA STOKER, City Clerk
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