HomeMy WebLinkAboutORD 1216 (1999) ORDINANCE NO. 1216 .
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
3 OF TUSTIN, CALIFORNIA, AMENDING SECTION 6102
OF THE TUSTIN CITY CODE RELATING TO A CURFEW
4 FOR MINORS
The' City Council of the City of Tustin herein ordains as
follows:
7 Section 1. Purpose
8 The purpose of .this ordinance is to protect the public health,
safety and welfare of minors at night and to reduce juvenile crime.
9
Section 2. Section 6102 of the Tustin City Code is hereby
~0 amended in' its enti.rety to read as follows:
1~ 6102 CURFEW - PERSONS UNDER EIGHTEEN YEARS OF AGE
~2 a.' Definitions
~3 For purposes of this section, the following terms have the
following meanings:
~4
"City" means City of Tustin.
~5
"Curfew hours" means the period from 11:00 p.m. any evening of
--~ ~6 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.
20
"Establishment" means any privately owned place of business
2~ operated for a profit to which the public is invited,
including, but not limited to, any place of amusement or
22 entertainment.
23 "Guardian" means (1) a person who, under cou~t order, is the
guardian of the person of a minor; or (2) a public or private
24 ,agency with whom a minor has been placed by a court.
25 "Minor" means any person under eighteen (18) years of age.
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"Parent" means a person who is a natural parent, adoptive
parent, or step-parent of another person.
2
"Public place" means any place in the City of Tustin to which
3 the public has access and includes, but is. not limited
to,streets, highways, alleys and the common areas cf schools,
4 hospitals, apartment houses, office buildings, transportation
facilities, shopping centers, and malls.
5
"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 (!8)
8 years of age, authorized by a.parent or guardian to have the
care and custody of a minor.
9
"Serious bodily injury" means bodily injury that creates a
10 substantial risk of death or that causes death, serious
permanent disfigurement or.protracted loss or impairment of
11 the function of any bodily member or organ.
42 b. Curfew Restriction
43 (1) It shall be unlawful for any minor to be present in any
public place or on the premises of any establishment
44 within the City during curfew hours;
45 (2) NO parent or guardian of a minor shall knowingly permit,
or by insufficient control, allow any minor to remain in
16 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
20
(1) It is a defense to prosecution under this Section that
24 the minor is:
22 (a) accompanied by the minor's parent or guardian, or by
a responsible adult;
23
(b) on an errand at the direction of the mincr's parent
or guardian, or the responsible adult, without any
24 detour or stop;
25 (c) in a motor vehicle involved in interstate travel;
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1 id) engaged in an employment activity, or going to or
returning home from an employmenz activity, without
2 any detour or stop;
3 e) involved in an emergency;
4 f) on the sidewalk abutting the minor's residence;
5 ~) attending'an official school, religious, or other
recreational activity supervised by adults and
6 sponsored by the City of Tustin, a Civic
organization, or another similar entity that takes
7 responsibility for the minor, or going to or
returning~home from, without any detour or stop,
8 any of the foregoing activities;
.9 (h) exercising First Amendment rights' of speech or
associational activity protected by the United
10 States Constitution or civil liberties protected by
the California Constitution; or is
(i) emancipated pursuant to federal or state law.
(2) ii is a defense to prosecution under this Section if the
13 parent notified the police department that the minor was
, ~ after curfew hours without permission, or failed to
14 obey the parents' order to stay home during curfew hours.
15 (3) i~ is a defense to prosecution under this Section if the
c~mer, operator or employee of an establishment promptly
16 notified the police department that a minor was present
~n the premises of the establishment during curfew hours
17 and refused to leave.
18 d. Enforcement
19 (!) E~-ery law enforcement officer is hereby authorized and
empowered to demand from any person whom he or she has
20 reasonable cause to believe is a minor who is violating
zhis Section and does not come within the exceptions
21 kerein that such person give his or her name and address,
and the name of his or her parent(s), guardian(s) or
22 clher responsible adult(s), if any, who has the care and
zus~ody of such person, and furnish proof of his or her
23 age and that he or she comes within the exceptions
herein.
24
(2) if, after demanding the information described in subpart
25 ! above the officer still has reasonble cause to believe
Lhe person is violating this Section and does not come
within the exceptions herein, the officer is hereby
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1 authorized and empowered to take any or more than one of
the following actions:
2
(a) To issue a warning to such person and/or his or her
3 parent(s) or guardian(s) about the consequences of
violating this Section;
4
(b) To take such minor into custody and transport him or
5 her to. his or her residence or to another place --
where he or she will be supervised by a responsible
6 adult;
7 (c) To communicate with the parent(s) or guardian(s) of
such minor and demand from any of them the
8 information described in subpart (1) above;
9 (d) To communicate with the parent(s) or guardian(s) of
such minor and demand of any of them that he or she
10 take the minor to the minor's residence or to any
place where the minor will be supervised by a
11 responsible adult;
12 (e) To issue to such minor a notice to appear before the
Juvenile Court, a Juvenile Court referee or a
1'3 juvenile traffic hearing officer, as appropriate;
14 (f) To take such minor into temporary custody in
accordance with Welfare and InstitutiOns Code
Sections 625 and 625.5, subject to Welfare 'and
15 Institutions Code Section 207;
(g) To take such other action or actions as are
17 permitted by the laws of the State of California
and are deemed necessary by the officer to
18 safeguard the well being of such minor.
19 (3) A law enforcement officer shall not take any of the
enforcement actions described in part (2) above unless
20 the officer reasonably believes that the person with
respect to whom the action(s) is taken is violating this
21 Section and, based upon any responses and other
circumstances, has no defense hereunder.
22
e. Failure of parent or guardian to take minor to safe place
23 during curfew hours
24 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
25 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
2
Any person violating the provisions of this Section shall
3 be guilty of an infraction punishable by a fine not exceeding
one hundred dollars for a first violation, one hundred fifty
4 for a'second violation of the same provision within any twelve
consecutive month period, and two hundred for a third
5 violation of the same provision within any twelve consecutive
month period. Any fourth and subsequent violation of the same
6 provision of this Section within any twelve consecutive month
period shall be la misdemeanor punishable by a fine not
7 exceeding one thousand dollars or imprisonment for a term not
exceeding six months, or by both such fine and imprisonment.
8
.Section 3. If any section, subsection, sentence, clause,
9 phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
10 competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The Ci.ty Council of
11 the City of Tustin hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase or
12 portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be
13 declared invalid or unconstitutional.
14 PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this 17 day of May 1999.
15 '
17 TRAC MAYOR
P.n_MELA STOKER, City Clerk
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1216
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, hereby certifies that the whole number of the members of the City Council of
the City of Tustin is five; and that the above and foregoing Ordinance No. 1216 had first
reading by title only and introduction at the May 3, 1999, CiLymCouncil meeting and was
adopted at a regular meeting of the City Council held on the 17 day of May, 1'999, by the
following vote:
COUNCILMEMBER AYES: Worley, Thomas, Doyle, Ports
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Saltarelli
Pamela Stoker, City Clerk