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Home My WebLink About1996-08-06 - ORDINANCES - LOITERING (2)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, !,2:161047.1 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 %2:161047.1 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 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. :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. 3:2:161047.1 PASSED, APPROVED AND ADOPTED this 6th day of A11QUSt , 19 96 MAYOR ATTEST: 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 6#h day Of.... August 1996 by the following vote, to wit: AYES: COUNCILMEMBERS: Kl.ajic, Heidt, Darcy, Smyth, Boyer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4TY CLERK x2:161047.1