HomeMy WebLinkAbout1991-03-13 - AGENDA REPORTS - ORDINANCE SC CURFEW MINORS (2)AGENDA REPORT
CITY MANAGER APPROVAL
ITEM TO BE PRESENTED B
Bob Spierer
NEW BUSINESS
DATE: MARCH 13, 1991
SUBJECT: ORDINANCE OF THE CITY OF SANTA CLARITA
CURFEW FOR MINORS
ORDINANCE NUMBER: 91-7
DEPARTMENT: CITY MANAGER'S
BACKGROUND:
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was repealed due to a court case in Long Beach where the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.
The Sheriff's Department has expressed a desire for Council
to reconsider the need for a curfew ordinance. The Department
receives, on average, four complaints an hour regarding
juvenile misconduct every Friday and Saturday night between
10:00 p.m. and 2:00 a.m. These complaints from businesses and
residents focus on fights, vandalism, loud music, gang problems,
vehicle disturbances, and alcohol or narcotic abuse. Resolving
these frequent complaints is difficult, absent an ordinance
which deals directly with the juvenile problem.
The proposed ordinance 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., It will enable law enforcement to effectively resolve
citizen concerns regarding large groups of loitering minors.
Agenda Item:_
CURFEW ORDINANCE NO. 91-7 -2- March 13, 1991
At request of Council, the Sheriff's Department has sought
input from local teens through presentations.to high school
Youth in Government participants, to the Youth in Government
Student City Council, and to various Associated Student Bodies
at the four senior high schools. The Student City Council has
also carried this issue to their schools and have sought input
from those effected. Local newspapers and the L.A. Times have
written comprehensive articles regarding the noted problems
and the proposed solution, Ordinance 91-7. The Student City
Council is expected to share their research with Council at
tonight's meeting and to voice their support or opposition to
this ordinance.
The Sheriff's Department believes Los Angeles County Code,
Section 13.56, is functional, has the support of the community
and will meet the needs of -the City of Santa Clarita.
RECOMMENDATION:
Council introduce Ordinance 91-7, waive further reading and
pass to second reading.
ATTACHMENT: Ordinance 91-7.
RJS:MJD:fd
•
tbm/ORN066328
ORDINANCE NO.
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
LJ
r 1
u
tbm/ORN066328
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 Aidina 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.
19
PASSED AND APPROVED this day of
-2-
MAYOR
A
r1
u
tbm/ORN066328
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
regular meeting of the City Council on the day of
19_, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT:
-3-
CITY CLERK
a