HomeMy WebLinkAbout1997-09-23 - AGENDA REPORTS - CURFEW TRUANCY (2)AGENDA REPORT
City Manager Approvaf
Item to be presented by: VV
Kevin Tonoian
UNFINISHED BUSINESS
DATE: September 23, 1997
SUBJECT: CURFEW RESTRICTIONS - ORDINANCE 97-16
TRUANCY PROHIBITED - ORDINANCE 97-17
DEPARTMENT: Planning and Building Services
At this time, staff believes it is appropriate for the City Council to take action in a way that
amends Santa Clarita's Curfew and Truancy Ordinances.. Staff is recommending that the City
Council take this proposed action as a result of a recent court case involving the City of San
Diego and their local Curfew Ordinance.
The City of San Diego originally adopted its Curfew Ordinance in 1947. At the time of
adoption, the ordinance included language that made it unlawful for children less than 18 years
of age to loiter, wander, idle, or stroll upon private or public property between the hours of
10:00 p.m. and daylight. Plaintiffs in the original court proceeding alleged that the curfew
ordinance restricts minors from participating in otherwise lawful activities after curfew hours.
Further, the plaintiffs alleged that the ordinance language that defined activities such as
loitering, wandering, or strolling was too vague, and allowed law enforcement representatives
to enforce this ordinance in a broad manner.
On June 9, 1997, the. Ninth Circuit United States Court of Appeals took action to invalidate the
Curfew Ordinance enacted by the City of San Diego. In reaching this decision, the Ninth
Circuit found that San Diego's Curfew Ordinance was "an exercise of sweeping state control
irrespective of parents' wishes." The Ninth Circuit Court went on to state that the ordinance
violated parents' fundamental rights to rear children without undue interference, and
concluded by finding "the ordinance to be an unconstitutional burden of parents' fundamental
rights."
While neither the City's Curfew nor Truancy Ordinance has been affected by this decision, staff
feels that it is appropriate to take proactive measures and amend each of these ordinances. The
proposed amendments to these ordinances are consistent with the Ninth Circuit's ruling, and
do not alter the enforcement provisions of the ordinances`
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CURFEW RESTRICTIONS - ORDINANCE 97-16
TRUANCY PROHIBITED - ORDINANCE 97-17
September 23, 1997 - Page 2
The suggested amendments to the City's Curfew and Truancy Ordinances will address the
Ninth Circuit Court's issue of "vagueness." As they currently read, both ordinances could be
challenged on the basis that they lack certain language that defines key terms or passages. The
proposed amendments to these ordinances seek to add definitions for these key terms and
passages. These amendments introduce language that provides definitions for key terms such
as "truancy," "curfew," "public place," "valid excuse," "minor," and "parent."
In this respect, the Curfew Ordinance will still apply to individuals under the age of 18, and the
hours in which curfew restriction are enforced by Sheriffs Deputies will still begin each night
at 10:00 p.m. Enforcement of the City's Truancy Ordinance will also still apply to individuals
under the age of 18 who are required to be in school, and found off campus without a valid
excuse between the hours of 8:30 a.m, and 1:30 p.m.
In staffs experience, the Sheriffs Department has demonstrated that enforcement of each of
these ordinances has occurred in an appropriate manner consistent with the spirit of the San
Diego ruling. However, regardless of how these measures are being enforced in the field, a
review of these ordinances shows that similarities between both cities' ordinances do exist.
Again, while the San Diego ruling does not affect either of these ordinances, it does potentially
open the door to future challenges that could cite the San Diego case as a "precedent ruling."
Both the Curfew and Truancy Ordinances have proven to be extremely effective in reducing
certain activities, such as daytime burglaries and graffiti vandalism. Therefore, to reduce our
exposure to potential future challenges of these items, both staff and Sheriffs officials believe
it is appropriate for the City to modify the Curfew and Truancy Ordinances.
RECOMMENDATION
The City Council review and pass Ordinance Nos. 97-16 and 97-17 to second reading on
October 15, 1997.
ATTACHMENTS
Ordinance 97-16
Ordinance 97-17
hA tmmcy \ 97-16& 17.agn
ORDINANCE 97-16
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA CLARITA
AMENDING CHAPTER 11.56 OF THE
SANTA CLARITA MUNICIPAL CODE
TO PROHIBIT ANY PERSON UNDER THE
AGE OF 18 FROM BEING OUT IN PUBLIC
BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M.
WITH CERTAIN EXCEPTIONS
WHEREAS, the City Council finds that there has recently been a general increase in vandalism
and crimes during the evening hours; 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 vandalism and crimes, particularly with respect to gang -related activities by minors.
Gang -related activities are increasing 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 vandalism and crime rate
during the evening hours are partly attributable to minors who are observed to be out in public
after 10:00 p.m. Therefore, the community has called upon both the City of Santa Clarita and
the Sheriffs Department to use their limited resources to discourage the resultant gang and
other criminal behavior of these youths during the evening hours; and
WHEREAS, unsupervised minors may involve themselves in unsafe activities by being out in
public after 10:00 p.m. in the evening; and
WHEREAS, unsupervised minors may tend to engage in criminal activity after 10:00 p.m. in
the evening to the detriment of the community; and
WHEREAS, the intent of the Council in enacting this ordinance is to prohibit any minor, under
the age of 18, from being out in public between the hours of 10:00 p.m. and 6:00 a.m. with
certain exceptions as referenced within Chapter 11.56 of the Santa Clarita Municipal Code;
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 11.56.010 of the Santa Clarita Municipal Code is hereby amended to read
as follows:
11.56.010 Definitions.
CURFEW HOURS means any time between the hours of 10:00 p.m. and 6:00 a.m.
during any day of the week.
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, or automobile accident, or any situation requiring immediate action to present
serious bodily injury or loss of life.
ESTABLISHMENT means any privately owned place of business operated for a profit
to which the public is invited, including, but not limited to, any place of amusement or
entertainment.
GUARDIAN means a person who, under court order, is the guardian of the person of a
minor, or a public or private agency with whom a minor has been placed by a court.
MINOR means any person under 18 years of age.
OPERATOR means any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment. The term includes the members
or partners of any association or partnership and the officers of a corporation.
PARENT means natural parent, adoptive parent, or step-parent of another person; or
a person at least 18 years of age, and authorized by a parent or guardian to have the
care and custody of a minor.
PUBLIC PLACE means any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways, and the common
areas of schools, hospitals, apartment houses, office buildings, transport facilities, and
shops.
REMAIN means to linger, stay, loiter, idle, wander, stroll, or play upon public or private
property, or to fail to leave premises when requested to do so by a police officer or the
owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death
or that causes death, serious permanent disfigurement, or protracted loss or impairment
of the function of any bodily member or organ.
SECTION 2. Chapter 11.56.020 of the Santa Clarita Municipal Code is hereby amended to read
as follows:
11.56.020 Curfew Restrictions for Minors.
It is unlawful for any minor under the age of 18 years to remain upon any public street, avenue,
highway, road, curb area, public building, place of amusement or eating place, vacant lot, or
unsupervised place between the hours of 10:00 p.m. and 6:00 a.m.; provided, however, that the
provisions of this section shall not apply when:
A. The minor is accompanied by his or her parent or.guardian 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 at the direction of the minor's parent or guardian
having the legal care or custody of the minor, or by his or her spouse 18 years of age or
older, without any detour or stop;
C. The minor is in a motor vehicle involved in interstate travel;
D. The minor is engaged in an employment activity, or going to or returning home
from an employment activity, without any detour or stop;
E. The minor is involved in an emergency type situation;
F. The minor is attending an official school, religious, or other recreational activity
supervised by adults and sponsored by the City of Santa Clarita, a civic organization,
or another similar entity that takes responsibility for the minor, or going to or returning
home from, without any detour or stop, an official school, religious, or other recreational
activity supervised by adults and sponsored by the City of Santa Clarita, a civic
organization, or another similar entity that takes responsibility for the minor;
SECTION 3. Chapter 11.56.030 of the Santa Clarita Municipal Code is hereby amended to read
as follows:
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 11.56.020 to violate any provision of this chapter is guilty of a misdemeanor.
SECTION 4. Chapter 11.56.040 of the Santa Clarita Municipal Code is hereby amended to read
as follows:
11.56.040 Enforcement.
Before taking any enforcement action under this section, a police officer shall ask the apparent
offender's age and reason for being in the public place. The officer shall not issue a citation or
make an arrest under this section unless the officer reasonably believes that an offense has
occurred and that, based on any response and other circumstances, no defense is applicable
under Section 11.56.020.
SECTION 5. Chapter 11.56.050 of the Santa Clarita Municipal Code is hereby amended to read
as follows:
11.56.050 Penalties.
A person who violates a provision of this chapter is guilty of a separate offense for each day or
part of a day during which the violation is committed, continued, or permitted. Each offense,
upon conviction, is punishable by a fine not to exceed $250.00.
SECTION 6. Chapter 11.56.060 of the Santa Clarita Municipal Code is hereby amended to read
as follows:
11.56.060 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this ordinance. The City
Council of the City of Santa Clarita hereby declares it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions may be declared
invalid or unconstitutional.
SECTION 7. 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 , 1997.
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, Sharon Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance No. 97-16 was regularly introduced and placed upon the first reading at
a regular meeting of the City Council on the day of , 1997. That
thereafter, said Ordinance .was duly adopted and passed at a regular meeting of the City
Council on the day of , 1997 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
CITY CLERK
hAtru=cy\curfew.ord
ORDINANCE NO. 97-17
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA AMENDING CHAPTER 11.57
OF 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
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 Sheriffs Department to use their limited resources
to discourage the resultant gang and other criminal behavior of these youths; and
WHEREAS, at a July 1996 gathering of community leaders representing local municipal
government, the Newhall Municipal Court, the County of Los Angeles Sheriffs 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, wait for parents to pickthem 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 remain 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.
THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAINAS
FOLLOWS:
SECTION 1. Chapter 11.57.010 of the Santa Clarita Municipal Code is hereby amended to read
as follows:
11.57.010 Definitions.
TRUANCY means any person under the age of 18 who is subject to compulsory
education or to compulsory continuation education and is found off school grounds, on
any day that school is in session, between the hours of 8:30 a.m. and 1:30 p.m. without
a valid excuse.
EMERGENCY means an unforeseen combination ofcircumstances or the resulting state
that calls for immediate action. The term includes, but is not limited to, a fire, a natural
disaster, or automobile accident, or any situation requiring immediate action to present
serious bodily injury or loss of life.
ESTABLISHMENT means any privately owned place of business operated for a profit
to which the public is invited, including, but not limited to, any place of amusement or
entertainment.
GUARDIAN means a person who, under court order, is the guardian of the person of a
minor, or a public or private agency with whom a minor has been placed by a court.
MINOR means any person under 18 years of age.
OPERATOR means any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment. The term includes the members
or partners of any association or partnership and the officers of a corporation.
PARENT means a natural parent, adoptive parent, or step-parent of another person, or
a person at least 18 years of age, and authorized by a parent or guardian to have the
care and custody of a minor.
PUBLIC PLACE means any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways, and the common
areas of schools, hospitals, apartment houses, office buildings, transport facilities, and
shops.
REMAIN means to linger, stay, loiter, idle, wander, stroll, or play upon public or private
property, or to fail to leave premises when requested to do so by a police officer or the
owner, operator, or other person in control of the premises.
VALID EXCUSE means any specific exception included within Section 11.57.30 of the
Santa Clarita Municipal Code.
SECTION 2; Chapter 11.57.020 of the Santa Clarita Municipal Code is hereby amended to read
as follows:
11.57.020 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; remain 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 when said minor's
school is in session.
SECTION 3. Chapter 11.57.030 of the Santa Clarita Municipal Code is hereby amended to read
as follows:
11.57.030 Valid Excuses.
The provisions of Section 11.57.020 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;
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 to or coming directly from his or her place of gainful
employment;
E. The minor is going to or coming 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 4. Chapter 11.57.040 of the Santa Clarita Municipal Code is hereby amended to read
as follows:
11.57.040 Penalty.
Each violation of Section 11.57.020 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 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 (16) hours of court -approved community service, the court may cause the
imposition of the fine imposed to be set aside.
SECTION 5. Chapter 11.57.050 of the Santa Clarita Municipal Code is hereby amended to read
as follows:
11.57.050 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Santa Clarita hereby declares it would have adopted
this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases,
or portions may be declared invalid or unconstitutional.
SECTION 6. The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be published as required by law.
PASSED, APPROVED, AND ADOPTED this day of , 1997.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, Sharon Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance No. 97-17 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 119 by.the
following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
CITY CLERK
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