HomeMy WebLinkAboutORD FOR INTRO 05-06-91DATE:
TO:
FROM:
SUBJECT:
APRIL 23, 1991
WILLIAM A. HUSTON, CITY MANAGER
W. DOUGLAS FRANKS, CHIEF OF POLICE
CURFEW ORDINANCE
`RDINANCE FOR INTRODUCTION
-6-91
I nter -Com
In an effort to deal with our increasing juvenile problem in the
south end of our City, we asked the City Attorney to review our
curfew ordinance to see if it is possible to use to detain some of
our more problem juveniles. He advised per the attached memorandum
that it is possible, but significant revisions are needed in our
current ordinance to make it coincide with current case law.
Attached is a draft of the ordinance we would like put on council
agenda at the first council meeting in May.
Thanks in advance for your assistance.
W. DOUGLAS FRANKS
Chief of Police
WDF:dh
DATE:
TO:
FROM:
SUBJECT:
/G *10
;400 Inter - Com
APRIL 16, 1991
CAPTAIN STEVE FOSTER, TUSTIN POLICE DEPARTMENT
CITY ATTORNEY
CURFEW ORDINANCES
As we discussed today, you asked me to review whether curfew
ordinances (as applied to minors) are enforceable.
The courts have upheld the municipality's right to pass curfew
laws for the purpose of protecting juveniles or preventing
delinquency. However, a curfew ordinance must be written in such
a way as to not unreasonably restrict personal rights.
Accordingly, court decisions have invalidated curfew ordinances
that attempt to impose an absolute ban on being out and about the
public during prohibited curfew hours. See, In Re Nancy C. (1972) ,
28 Cal.App.3d 747; People v. Teresinski (1982), 30 Cal.3d 822.
Tustin Municipal Code Section 6102 prohibits loafing or
loitering by minors during the hours of 10:00 p.m. and sunrise. In
reviewing this code section in light of the court cases decided
above, we would recommend that Section 6102 be amended to provide
more detailed guidelines. Accordingly, we recommend that the
attached code amendment be considered.
Also, we would like to raise an idea as to whether the curfew
might be changed from 11:00 p.m. to 5:00 a.m.
In conclusion, reasonable
been the courts and
JAMES G. OURKE
CITY ATTORNEY
J RS: cas : R: 04/ 16/91(H45)
Enclosure
cc: WH
W. Douglas Franks, Chief of Police
curfew restrictions for minors have
therefore are enforceable.
(xa
JOH44 R. SffjiW
ASSISTANT CITY ATTORNEY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16'
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 1068
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA AMENDING MUNICIPAL
CODE SECTION 6102 OF TITLE 6 "PUBLIC WELFARE"
RELATING TO A CURFEW FOR MINORS
The City Council of the City of Tustin hereby ordains as
l
follows:
Section 1: Code Amendments
Municipal Code Section 6102, entitled "Curfew -Persons Under 18
Years of Age" of Title 6, entitled "Public Welfare" is hereby
amended in its entirety to read as follows:
"Section 6102. Curfew -Persons Under 18 Years of Age
a. It shall be unlawful for any person under the age 18
years to loiter, idle, wander, stroll, or play in or upon
the public streets, highways, roads, alleys, parks,
playgrounds or other public grounds, public places and
public buildings, places of amusement and eating places,
vacant lots, or other unsupervised places, between the
hours of 11:00 p.m. and 5:00 a.m. of the day immediately
following;
b. However, provisions of this section do not apply
when the person is accompanied by his parent, guardian or
other adult person having the care and custody of the
person, or when the person is returning directly home
from any meeting, recreational, social or related
activity or when the person is going directly to or
returning directly from work.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin held on the day of , 1991.
Mary E. Wynn, City Clerk
:CHARLES E PUCKETT, Mayor
1
2
3
4
5
6
7
8
9
10
11
12
13
141
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ordinance No.
Page 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO.
Mary E. Wynn, 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 is five; that the
above and foregoing Ordinance was duly and regularly passed and
adopted at a regular meeting of the City Council held on the
day of , 1991, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
JRS: cas: D: U4/16/91(H46)
APRIL 8, 1991
DATE:
ORDINANCE FOR INTRODUCTION NO.2
5-6-91
I rter -Com
TO WILLIAM A. HUSTON, CITY MANAGER
POLICE DEPARTMENT
FROM:
SUBJECT: ORDINANCE REVISION -- ENFORCEMENT OF RECREATION VEHICLE
PARKING
In response to recent State Attorney General's opinion reference
recreational vehicles, it has become necessary to modify Tustin
Municipal Code Section 5340e and 5330e. Please find attached, the
City Attorney's opinion and corresponding ordinance revision
recommendation.
I would request these items be calendared as soon as possible for
the upcoming Council Meeting.
W. DOUGLAS FRANKS
Chief of Police
WDF:dh
I I I ilff
`� Inter -Com
DATE: MARCH 25, 1991
B. ZICARRELLI TR
TO: �AFFIC SERGEANT, TUSTIN POLICE DEPT.
FROM: CITY ATTORNEY
SUBJECT: NEW ATTORNEY GENERAL'S OPINION/ENFORCEMENT OF
RECREATION VEHICLE PARKING
This memorandum is response to your request for an opinion
dated March 18, 1991 regarding the above -captioned subject.
In January 1990, the Attorney General's Office issued a
Attorney General's Opinion found at Volume 73, page 13, concluding
that cities have no legal authority under the Vehicle Code to set
up parking restrictions as applied to one special group of
vehicles, such as recreational vehicles, on public streets. The
Attorney General's opinion, following a lengthy legislative history
analysis, concludes that Vehicle Code Sections 21, 22507, and
22507.5 do not permit a City to prohibit or restrict the parking of
particular categories of vehicles on residential streets, excepting
commercial vehicles having a manufacturer's gross vehicle weight
rating 10,000 pounds or more. (See Attorney General's Opinion
attached.)
Vehicle Code Sections 22507 and 22507.5 do authorize a City to
set up parking restrictions for all vehicles on residential
streets. In other words, all vehicles must be treated the same.
Based upon this opinion, it is our recommendation to repeal
Municipal Code Section 5340(e) as this provision specifically
singles out recreational vehicles. In addition, we recommend that
Section 5330(e) be amended to make clear that the parking
restriction limiting the parking of vehicles to 72 -hours on a city
streets be all inclusive, that is to include all forms of vehicles.
Under this approach, any person storing a recreational vehicle, or
any vehicle, for longer than 72 hours could be cited for a
violation.
Accordingly, we have drafted a code amendment which would
provide for the above -stated code changes (see attachment).
In conclusion, Municipal
the Atto y neral's opinion
JAMES ROURKE
CITY ATTORNEY
JRS:cas: R:03/26/92: (2.jrs)
Attachment
cc: WH
Chief Franks
Code Section 5430(e) conflicts with
and should not be enforced.
JOHN R SHAW
DEPUT CITY ATTORNEY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 1066
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA AMENDING
MUNICIPAL CODE SECTION 5330(e) AND REPEALING
SECTION 5340(e) OF TITLE 5 RELATING TO THE STORAGE
OF RECREATIONAL VEHICLES ON PUBLIC STREETS
The City Council of the City of Tustin hereby ordains as
follows:
Section 1: Code Amendments
Municipal Code Section 5330(e), entitled "Use of Storage of
Vehicles is Prohibited," of Title 5, entitled "Public Safety" is
hereby amended in its entirety to read as follows:
"Section 5330(e) . Use of Streets for Storage of Vehicles
is Prohibited.
No person who owns or has possession, custody or control
of any vehicle shall park, store or cause to be parked or
stored any vehicle of any kind upon any street or alley
for more than a consequence period of seventy-two (72)
hours. 'Store', for the purpose of this subsection, is
defined as the parking or leaving unattended any vehicle
in one location for a period in excess of seventy-two
(72) hours. The term 'one location' shall include any
relocation of such vehicle within a one-half mile radius
of any prior parking location used within the preceding
seventy-two (72) hour period."
Section 2: Repealer
Municipal Code Section 5340(e) entitled "Storage of Recreation
Vehicles and Similar Vehicles" of Title 5, "Public Safety" is
hereby repealed in its entirety.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin held on the day of , 1991.
Mary E. Wynn, City Clerk
Richard B. Edgar, Mayor