HomeMy WebLinkAbout1991-01-29 - AGENDA REPORTS - CURFEW FOR MINORS (2)NEW BUSINESS
DATE:
SUBJECT:
DEPARTMENT:
BACKGROUND:
6
JANUARY 29, 1991
AGENDA REPORT
CITY MANAGER APPROI L
ITEM TO BE PRESENTED BY:
Mary Dixon
ORDINANCE OF THE CITY OF SANTA CLARITA
CURFEW FOR MINORS
ORDINANCE NUMBER: 91-7
14*V07VF1ZA : ofA&9
Upon incorporation, the City of Santa Clarita adopted the Los Angeles County
Code as the City's Municipal Code with the intent to develop its own code
thereafter.
During the incorporation period, the county's curfew ordinance was repealed due
to a court case in Long Beach where the Long Beach city curfew ordinance was
considered unconstitutional. The county ordinance was similar to the Long Beach
ordinance in structure and the County Counsel elected to repeal the county
curfew ordinance in favor of a rewrite of the code.
In 1988, the new county curfew ordinance, L.A.C.C. Section 13.56, was adopted by
the Board of Supervisors. The City Council opted not to adopt this ordinance as
a part of the Santa Clarita Municipal Code as it did not meet the needs of the
City at the time.
In a recent meeting with members of the City Council and the City Manager, the
Sheriff's Department personnel expressed a desire for Council to review the need
for a curfew ordinance. The department cited numerous complaints from residents
and businesses of fights, gang problems, loud music, and vandalism, caused by
groups of teens as an item of extreme concern. The task of resolving these
complaints is complicated without having an ordinance to deal directly with the
juvenile problem.
This ordinanceempowers law enforcement with the necessary tool to respond to
complaints of unsupervised juveniles congregating in business and public areas
without purpose. Absent this ordinance, law enforcement cannot effectively
resolve citizen concerns regarding large groups of loitering minors.
The curfew states that it is unlawful for any minor under the age of 18 years to
loiter, idle, wander, stroll, or aimlessly drive or ride about in or upon any
public street, avenue, highway, road, curb area, etc. between the hours of 10:00
p.m, on any day and sunrise of the immediately following day.
As a result of this meeting, The -Sheriff's Department was directed to research
various curfew ordinances and present an ordinance to Council which they felt
would be the most effective. The Sheriff's Department has completed it's
research and strongly believes the Los Angeles County Code Section 13.56 is
functional and will meet the needs of the City of Santa Clarita.
Continued To:3—/_5-5v
Agenda item:"
RECOMMENDATION•
Council introduce Ordinance 91-7, waive further reading and pass to second
reading.
ATTACHMENT:
Ordinance 91-7
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ORDINANCE NO. 91-7
E
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE AT TITLE 11
TO ADD CHAPTER 11.56 RELATING TO CURFEW
FOR MINORS
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That the Santa Clarita Municipal Code is hereby
amended at Title 11, Public Peace and Welfare, to add
Chapter. 11.56, relating to curfew for minors, to read as
follows:
Chapter 11.56
CURFEW OF MINORS
Sections:
11.56.015 Curfew restrictions for minors.
11.56.030 Aiding curfew violations prohibited.
11.56.040 Powers of law enforcement officers not
limited.
11.56.050 Violation - Penalty.
11.56.060 Severability.
11.56.015 Curfew restrictions for minors. It is
unlawful for any minor under the age of 18 years to loiter,
idle, wander, stroll, or aimlessly drive or ride about in or
upon any public street, avenue, highway, road, curb area,
alley, park, playground, or other public ground, public
place or public building, place of amusement or eating
place, vacant lot.or unsupervised place between the hours of
10:00 p.m. on any day and sunrise of the immediately
following day; provided, however, that the provisions of
this section shall not apply when:
A. The minor is accompanied by his or her parent
or parents, legal guardian or other adult person having the
legal care or custody of the minor, or by his.or her spouse
18 years of age or older;
B. The minor is upon an errand directed by his or
her parent or parents or legal guardian or other adult
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person having the legal care or custody of the minor, or by
his or her spouse 18 years of age or older;
C. The minor is returning directly home from a
public meeting, or a place of public entertainment, such as
a movie, play, sporting event, dance or school activity;
D. The presence of such minor in said place or
places is connected with or required with respect to a
business, trade, profession or occupation in which said
minor is lawfully engaged.
11.56.030 Aiding curfew violations prohibited.
Every parent, guardian or other person having the legal
care, custody or control of any person under the age of 18
years who knowingly aids, abets..or encourages such person
described in Section 11.56.015 to violate any provision of
this chapter is guilty of a misdemeanor.
11.56.040 Powers of law enforcement officers not
limited. Nothing in this chapter shall be construed as in
any way limiting the power or right of law enforcement
officers to make such investigations, detentions or arrests
as such law enforcement officers would be permitted to make
had this chapter not been enacted.
11.56.050 Violation - Penalty. A violation of
this chapter or of any provision thereof is punishable by a
fine not exceeding $500.00 or by imprisonment not exceeding
six months, or by both such fine and imprisonment.
11.56.060 Severability. If any provision or
clause of this chapter or the application thereof to any
person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of the
chapter which can be given effect without the invalid
provision or application, and to this end the provisions of
this chapter are declared to be severable.
SECTION 2. The City Clerk shall certify to the passage
of this ordinance and shall cause the same to be published
as required by law.
PASSED AND APPROVED this day of ,
19
M
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ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, , City Clerk of the City of
Santa Clarita, do hereby certify that the foregoing
Ordinance No. was regularly introduced.and placed
upon its first reading at a regular meeting of the City
Council on the day of , 19_. That
thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the day of
, 19_, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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CITY CLERK