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HomeMy WebLinkAbout1996-08-06 - AGENDA REPORTS - DAY TIME LOITERING (2)neJOINIMM501 M. City Mana€ Item to be NEW BUSINESS DATE: August 6, 1996 Kevin Tonoian SUBJECT: DAY TIME LOITERING: ORDINANCE NO. 96-15 AND URGENCY ORDINANCE 96.26 DEPARTMENT: Parks, Recreation and Community Services At its February 6, 1996 Study Session, staff provided the City Council with an update on their work in the areas of Parental Responsibility and Day Time Loitering. At that time, the City Council received staff s report and directed the City Manager to proceed with the development of ordinances to address these issues. In response to Council's direction, staff has spent the previous five months investigating actions taken by other municipalities and researching applicable case law in these matters. While there is still much work to be done in the area of Parental Responsibility, staff is ready to proceed with the introduction and proposed adoption of a Day Time Loitering Ordinance. On July 19, 1996, the City held a Community Partners Luncheon to. discuss issues of importance within the Santa Clarita Valley. Representatives from the Newhall Municipal Court, the Los Angeles County Sheriffs and Probation Department, the District Attorney's Office, the William S. Hart, School District, and City staff gathered to address a variety of issues, including day time loitering (see attachment "A"). Concerning the matter of day time loitering, or more simply stated "truancy," those present agreed that the adoption of a Truancy Ordinance (specifically within the City of Santa Clarita) was an urgent matter that needed to be addressed before the start of the 1996-97 School Year. Through an ordinance adopted by the County of Los Angeles, local law enforcement officials presently possess the ability to enforce truancy only in the unincorporated portions of the Santa Clarita Valley. In contrast, within the incorporated portions of Santa Clarita, presently Sheriff Deputies may address truancy only through rights granted to them via the State Education Code. Specifically; Article 5 (`Truants"), Section 48265 of the Education Code currently provides the Sheriff's Department with the ability to deliver any minor to the parent, guardian, or school from which the minor is absent. While the Education Code allows truant minors to be delivered back to school, it does not provide for any type of punitive action to be imposed upon the specific individual. The adoption of a City Ordinance to address the issue of truancy would accomplish three (3) objectives: 1) The proposed ordinance that is before the City Council has been drafted in a manner that is consistent in nature to that of the County's. Staff has taken this approach to ensure that the enforcement of truancy by the Sheriff's Department is uniform throughout the Santa Clarita Valley. 2) This proposed ordinance is expected to have a positive impact upon attendance throughout the Hart School District, while reducing the number of students processed through the Hart District Student Attendance Review Board. In the 180 days following the adoption of an anti -truancy ordinance by the City of Los Angeles, school attendance at middle schools has increased by 2.4% and by 2.7% at the high school level. 3) The adoption of a Truancy Ordinance could reduce the number of day time burglaries occurring in the Santa Clarita Valley. The Los Angeles Police Department (LAPD) reports that the combined rate of crime for ten offenses most frequently committed by juveniles declined 9.6% during the same 180 days following the adoption of Los Angeles Anti -Truancy Ordinance. As drafted, Santa Clarita's proposed ordinance would give Sheriff Deputies the ability to cite minors who are found off campus between the hours of 8:30 a.m. and 1:30 p.m. while school is in session. As staff is fully aware, instances do arise when a student needs to leave campus during school hours for a medical appointment, a school activity or another valid reason. To address these instances, staff has provided language in this ordinance that allows students to be off campus during normal school hours for specific reasons. If the City Council chooses to adopt this proposed ordinance, staff anticipates that the Sheriffs Department would conduct enforcement in the following manner: 1) Working together, the Hart School District and the Sheriffs Department would coordinate a series of "truancy sweeps" during the fust and/or second month of the school year. These sweeps would be conducted on predetermined dates and would utilize the efforts of both patrol and school deputies. Ideally, each school would then communicate the results of these sweeps back to students to create additional awareness for the program. 2) Following these sweeps, staff anticipates that the enforcement of a Truancy Ordinance would curtail into normal enforcement by patrol deputies. However, the coordination of truancy sweeps should prove to be an effective tool that the Hart District and Sheriff s Department may wish to utilize from time to time during the school year. ity staff and our community partners recognize that the success of this proposed ordinance depends. n our ability to conduct enforcement in a manner that is both effective and flexible. As the law .f v. enforcement agency serving this community, the Los Angeles County Sheriff's Department has been given the responsibility to accomplish this important objective. Simply stated, the community has a high level of confidence in our Sheriff's Departments' ability to enforce this proposed ordinance in a manner that addresses the uniqueness of each specific instance. Working with the Hart School District, the Sheriffs management team will ensure that all patrol deputies are made aware of all half -days sessions and "pupil free days" throughout the school year. The notification process by which the City and the Hart School District will make students and their parents aware of this proposed ordinance, directly relates to the urgent nature of this matter. At the recent Community Partners Luncheon, it was agreed that any action taken concerning the issue of truancy, needed to be done at the beginning of the school year. By waiting until the regular meeting of the City Council on August 27, 1996, the City and the Hart District would have been unable to provide adequate notification before the start of the school year. Pending approval of this ordinance, staff will create an informational flyer that the Hart District will be able to provide to all students and parents during school registration later this month. Staff will follow up this initial notification process by conducting follow up meetings with the various Parent Advisory Committees, and through the local print and radio media. It is important to recognize that the development of this proposed ordinance is in no way a reaction to an existing problem within the community. As the local agency that oversees all middle schools and high schools in Santa Clarita, the Hart School District has an "Apportionment Attendance Rate" of 99%. To illustrate this accomplishment, during any given school month approximately 99% of the 12,500 students enrolled in the Hart School District either are in class or have an excused absence. Staff strictly views this action as a proactive measure to maintain our community's high level of attendance, while addressing the individuals that account for the additional 1% of all students. Utilizing Sheriff Deputies, staff anticipates that the enforcement of this ordinance will proceed in the following manner: • A student/minor observed off campus, between the hours referenced within the ordinance, may be detained and questions by Sheriff Deputies; • If this person is unable to give deputies an adequate explanation why he or she is off campus, such person may be cited for violation of the City's Day Time Loitering Ordinance; • Once they have issued a citation, the Sheriff Deputy will transport such person back to their specific school and must be readmitted by school personnel; • The citation issued by the Sheriff Deputy (and subsequent mailed information) will direct the specific student/minor and their parent to appear in Traffic Court. City staff has worked closely with the Sheriffs Department, the Newhall Municipal Court and the Hart School District to identify an efficient and cost-effective manner to process individuals cited for violations of truancy. In discussing this item at the recent Community Partners Luncheon, it was the consensus of the group that matters relating to truancy should be processed through Traffic Court. The option to forward these matters through Traffic Court, as opposed to Juvenile Court, was chosen for two reasons: The average cost to process a single case through Juvenile Court is approximately $1,600, while the average cost to process through Traffic Court is approximately $14.00; 2. By processing truancy cases directly.through Traffic Court, the need to meet with either the Probation Department or the District Attorney's Office is completely bypassed. Santa Clarita's proposed ordinance requires that a parent or legal guardian appear in Traffic Court along with their child. As provided in this proposed ordinance, day time loitering is considered an infraction that is punishable by a fine of up to $250.00. Depending upon the circumstances, the court may either levy a fine or give the individual an opportunity to have the penalty set aside. In order to have the penalty set aside, this must be a person's fust violation of this ordinance. If this is the case, the individual (as well as their parents or legal guardian) must satisfy all requirements outlined in the City's proposed ordinance. These requirements include no unexcused absences from school during a period of two months, sixteen (16) hours of community service and attendance in a court approved parenting course. City staff has had an opportunity to discuss these provisions with Traffic Court Judge David Beach. Judge Beach has indicated that these provisions are acceptable to the Court. Further, staff has sent Judge Beach information describing Santa Clarita's Parenting Program. Staff will work with the Court to determine the specific number of classes a parent must complete in order satisfy this requirement. That the City Council: 1) waive first reading of Ordinance 95-15 and pass on to second reading on August 27, 1996 and; 2) waive further reading and adopt Ordinance 96-26 as an Urgency Ordinance. KMT H1ympcVa=cy.wpd ATTACHMENTS: Ordinance No. 96-15 Urgency Ordinance No. 96-26 Community Partners Luncheon Agenda ORDINANCE NO: 96-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ADDING CHAPTER 11.57 TO THE SANTA CLARITA MUNICIPAL CODE TO PROHIBIT ANY PERSON UNDER THE AGE OF 18 AND SUBJECT TO COMPULSORY SCHOOL FROM LOITERING BETWEEN THE HOURS OF 8:30 A.M. AND 1:30 P.M. WITH CERTAIN EXCEPTIONS AND TO AUTHORIZE COST RECOVERY FOR SAID VIOLATIONS WHEREAS, the City Council finds that there has recently been a general increase in crimes, including violent crimes, committed by juveniles in the Southern California area, as well as throughout the nation. The City of Santa Clarita has been affected by such increase in juvenile crimes, particularly with respect to gang related activities by minors. Gang related activities are on an upswing in Santa Clarita, and minors between the ages of 12 and 17 years of age have relatively high rates of arrests and calls for services regarding their activities; and WHEREAS, the City Council further finds that the increased juvenile crime rate is partly attributable to the high truancy rate observed by our local schools. School authorities are not prepared to adequately address sophisticated criminal and highly violent behavior of some juveniles, particularly once they leave school grounds. Therefore the community has called upon both the City of Santa Clarita and the Sheriff's Department to use their limited resources to discourage the resultant gang and other criminal behavior of these youths;.and Whereas, at a recent gathering of community leaders representing local municipal government, the Newhall Municipal Court, the County of Los Angeles Sheriff's Department, the District Attorney's Office and Probation Department, and the Williams S. Hart`School District, it was agreed that the level of truancy observed in the City of Santa Clarita warranted the adoption of a Daytime Loitering ordinance; and WHEREAS, students who are absent from school without a valid excuse are denied an education; and WHEREAS, unsupervised students may involve themselves in unsafe activities by loitering in residential neighborhoods, business districts and malls; and WHEREAS, unsupervised students may engage in criminal activity to the detriment of the community; and WHEREAS, unsupervised students become a burden on law enforcement services personnel who must return them to school, LAX2:161041.1 wait for parents to pick them up, and investigate any and all criminal activity related to a student's truancy; and WHEREAS, the intent of the Council in enacting this ordinance is to prohibit any minor, under the age of 18, who is subject to compulsory education or to compulsory continuation, education, subject to specific exceptions related herein, to loiter in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds between the hours of 8:30 a.m. and 1:30 p.m. on days when said student's school is in session; and WHEREAS, it is further the intent of the Council to provide appropriate criminal sanctions.against any minor.who violates this ordinance by making a violation of this ordinance.an infraction. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.57.010 is hereby added to Title 11 of the Santa Clarita Municipal Code to read as follows: 1111.57.010 Prohibited Act. No minor under the age of eighteen (18), who is subject to compulsory education or to compulsory continuation education, shall, alone or in concert with others, loiter, idle, wander, stroll, drive or play in or in any other manner be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusementandeating places, vacant lots or any place open to the public between the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when said minor's school is in session." SECTION 2. Chapter 11.57.020 is hereby added to Title 11 of the Santa Clarita Municipal Code to read as follows: "11.57.020 Valid Excuses. The provisions of Section 11.57.010 shall not apply when: A. The minor has in his or her possession a written excuse from the minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor, which excuse provides a reasonable explanation, as determined by the -court, for the minor's absence from school; LAX2:161041.1 B. The minor is accompanied by his or her parent, guardian or other adult person over the age of eighteen having the care and custody of the minor; C. The minor is on an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor; D. The minor is going or coming directly from or to their place of gainful employment; E. The minor is going or coming to or from a medical appointment; F. The minor has permission to leave campus for lunch or a school -related activity and has in his or her possession a valid, school -issued, off -campus permit or is supervised by school personnel; G. 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 the minor is lawfully engaged." SECTION 3. Chapter 11.57.030 is hereby added to Title 11 of the Santa Clarita Municipal Code to read as follows: "11.57.030 Penalty Each violation of Section 11.57.010 shall constitute a separate offense and shall be an infraction, and the peace officer shall be authorized to issue a citation to appear in a juvenile traffic court of competent jurisdiction or to file a juvenile application for a petition to be filed under Section 601 or 602.of the Welfare and Institutions Code, at the discretion of the peace officer. A minor cited for an infraction under this chapter must attend a court hearing on the infraction and must be accompanied at the hearing by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor. If any such parental or custodial person(s) fails to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the court shall continue the hearing and shall issue a citation to said parental or custodian person(s) directing said person(s) to appear at the continued hearing with the minor. Any person convicted of willfully violating this ordinance is guilty of an infraction punishable by a fine'not exceeding $100.00 for the first offense within a one year LM2:161641.1 period and not exceeding.$250.00 for subsequent offenses within a one year period and/or performance of community service fora total time not to exceed ten (10) hours over a period not to exceed thirty (30) days, during times other than his or her hours of school attendance or employment. The court may continue the imposition of the sentence described herein and if, after sixty (60) days, the minor has had no unexcused absences from school during that period, the minor's parents have attended a court approved parenting class or classes, and the minor has performed sixteen hours of court approved community service, the court may cause the imposition of the fine imposed to be set aside. SECTION 4. Severability of Provisions. If any severable provision of this ordinance or any application thereof is held invalid, that invalidity shall not affect other provisions or applications of the ordinance which can be given effect notwithstanding such invalidity. SECTION 5. The City Clerk -shall certify to the passage of this ordinance and shall cause the same to be published as required by law. r 2:161041.1 PASSED, APPROVED AND ADOPTED this day of 19 . MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 96-15 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 CITY CLERK LAX2:161041.1 ORDINANCE NO. 96-26 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY.OF SANTA CLARITA ADDING CHAPTER 11.57 TO THE SANTA CLARITA MUNICIPAL CODE TO PROHIBIT'ANY PERSON UNDER THE AGE OF 18 AND SUBJECT TO COMPULSORY SCHOOL FROM LOITERING. BETWEEN THE HOURS.OF 8:30 A.M. AND 1:30 P.M. WITH CERTAIN EXCEPTIONS AND TO AUTHORIZE COST RECOVERY FOR SAID VIOLATIONS WHEREAS, the City Council finds that there has recently been a general increase in crimes, including violent crimes, committed by juveniles in the Southern California area, as well as throughout the nation. The City of Santa Clarita has been affected by such increase in juvenile crimes, particularly with respect to gang related activities by minors. Gang,related activities are on an upswing in Santa Clarita, and minors between the ages of 12 and 17 years of age have relatively high rates of arrests and calls for services regarding their activities; and WHEREAS, the City Council further finds that the increased juvenile crime rate is partly attributable to the high truancy rate observed by our local schools. School authorities are not prepared to adequately address sophisticated criminal and highly violent behavior of some juveniles, particularly once they leave school grounds. Therefore the community has called upon both the City of Santa Clarita and the Sheriff's Department to use their limited resources to discourage the resultant gang and other criminal behavior of these youths; and Whereas, at a recent gathering of community leaders representing local municipal government, the Newhall Municipal Court, the County of Los Angeles Sheriff's Department, the District Attorney's Office and Probation Department, and the Williams S. Hart School District, it was agreed that the level of truancy observed in the City of Santa Clarita warranted the adoption of a Daytime Loitering Ordinance; and WHEREAS, students who are absent from school without a valid excuse are denied an education; and WHEREAS, unsupervised students may involve themselves in unsafe activities by loitering in residential neighborhoods, business districts, and malls; and WHEREAS, unsupervised students may engage in criminal activity to the detriment of the community; and WHEREAS, unsupervised students become a burden on law enforcement services personnel who must return them to school, LAX2:161047.1 wait for parents,to pick.them up, and investigate any and.all criminal activity related to a student's truancy; and WHEREAS, the intent of the Council in enacting this ordinance is to prohibit any minor, under the.age of 18, who is subject to compulsory education or to compulsory continuation education, subject to .specific exceptions related herein, to, loiter in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds between the hours of 8:30 a.m. and 1:30 p.m. on days when said student's school is -in session; and WHEREAS, it is further the intent of the Council to provide appropriate criminal sanctions against any minor who violates this ordinance by making a violation of this ordinance an infraction; and WHEREAS, the immediate threat to the public health, safety and welfare due to the recent increase in juvenile -related crimes mandates the immediate enactment of this ordinance. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.57.010 is hereby added to Title 11 of the Santa Clarita Municipal Code to read as follows: "11.57.010 Prohibited Act. No minor under the age of eighteen (18), who is subject to compulsory education or to compulsory continuation education, shall, alone or in concert with others, loiter, idle, wander, stroll, drive or play in or in any other manner be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any place open to the public between the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when said minor's school is in session." SECTION 2. Chapter 11.57.020 is hereby added to Title 11 of the Santa Clarita Municipal Code to read as follows: "11.57.020 Valid Excuses. The provisions of Section 11.57.010 shall not apply when: A. The minor has in his or her possession a written excuse from the minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor, which excuse provides a LAX2;161047.1 reasonable explanation, as determined by the court, for the minor's absence from school; B. The minor is accompanied by his or her parent, guardian or other adult person over the age of eighteen having the care and custody of the minor; C. The minor is on an emergency errand directed by his or her parent or guardian.or other adult person having the care and custody of the minor; D. The minor is going or coming directly from or to their place of gainful employment; E. The minor is going or coming to or from a medical appointment; F. The minor has permission to leave campus for lunch or a school -related activity and has in his or her possession a valid, school -issued, off -campus permit or is'supervised by school personnel; G. 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 the minor is lawfully engaged." SECTION 3. Chapter 11.57.030 is hereby added to Title 11 of the.Santa Clarita Municipal Code to read as follows: "11.57.030 Penalty Each violation of Section 11.57.010 shall constitute a separate offense and shall be an infraction, and the peace officer shall be authorized to issue a citation to appear in a juvenile traffic court of competent jurisdiction or to file a juvenile application for a petition to be filed under Section 601 or 602 of the Welfare and Institutions Code, at the discretion of the peace officer. A minor cited for an infraction under this chapter must attend a court hearing on the infraction and must be accompanied at thehearingby his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor. if any such parental or custodial person(s) fails to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the court shall continue the hearing and shall issue a citation to said parental or custodian person(s) directing said person(s) to appear at the continued hearing with the minor. LAX2:161047.1 Any person convicted of willfully violating this ordinance is guilty of an infraction punishable by a fine not exceeding $100.00 for the first offense within a one year period and not exceeding $250.00 for subsequent offenses within a one year period and/or performance of community service for a total time not to exceed ten (10) hours over a period not to exceed thirty (30) days, during times other than his or her hours of school attendance or employment. The court may continue the imposition of the sentence described herein and if, after sixty (60) days, the minor has had no unexcused absences from school during that period, the minor's parents have attended a court approved parenting class or classes, and the minor has performed sixteen hours of court approved community service, the court may cause the imposition of the fine imposed to be set aside. SECTION 4. Severability of Provisions. If any severable provision of this ordinance or any application thereof is held invalid, that invalidity shall not affect other provisions or applications.of the ordinance which can be given effect notwithstanding such invalidity. SECTION 5. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. LAX2:161067.1 PASSED, APPROVED AND ADOPTED this day of 19 FMV 7 ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 96-26 was regularly adopted as an urgency measure at a special meeting of the City Council on the day of 19_ by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK r M:16ioa7.1 C AGENDA Santa Clarita Valley Community Partners July 19, 1996 Start Time: 11:30 a.m. End Time: 2:30 p.m. Sisley's Restaurant Purpose: To Discuss Items of Community Importance ITEMS I. Parental Responsibility Ordinance A. Discuss proposed ordinance B. Evaluate proposed municipal code violations C. Discuss adjudication process Desired Outcome: Gather input and move towards implementation of proposed ordinance II. Truancy Ordinance A- Discuss proposed ordinance B. Discuss adjudication process Desired Outcome: Gather input and move towards implementation of proposed ordinance III. Zero Tolerance for all Gang Activity in Santa Clarita Desired Outcome: Discuss methods to make this a reality in Santa Clarita IV. Anti -Loitering Ordinance/No Stopping Zones along San Fernando Rd. A. Discuss issue as it relates to Day Laborer Workers B. Discuss options to address the issue of Day Laborers along San Fernando Rd. Desired Outcome: Gather input from group V. Implementation of the City's "Eliminate Sales of Alcohol to Minors" (EASY) Program A. Review the EASY Program B. Discuss the development of a Court required Saturday "Traffic School" type program for all individuals cited for providing alcohol to minors Desired Outcome: Discuss proposed program and gather input VI. Non -Sufficient Fund (NSF) Checks A. How can we provide businesses and residents with an effective method to recover outstanding debts? Desired Outcome: Discuss matter and gather input. Is special preparation for the meeting required?. (X) Yes () No Please review the attached materials. List of Persons Invited: George A. Caravalho, City Manager Rick Putnam, Director of Parks, Recreation and Community Services Presiding Judge Floyd Baxter Judge David Beach Dan Damon, District Attorney's Office Laura Foland-Priver, Sylmar Juvenile Court Captain Mike Quinn, L.A. County Sheriffs Department Lt. Tim Peters, L.A. County Sheriffs Department Sgt. Lee White, L.A. County Sheriffs Department Bob Siecke, Probation Department Barney Bartel, Probation Department Mr. Robert C. Lee, William S. Hart School District Carl Newton, City Attorney Tom Altmayer, City Attorney Kevin Tonoian, Administrative Analyst/Public Information Officer S:\share\agtf\luncheon.wpd 7/96