HomeMy WebLinkAbout1997-09-23 - ORDINANCES - CURFEW HOURS (4)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 funds that there has recently been a general increase in vandalism and crimes during
the everting 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 11.56.0 10 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.
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Page 2
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:
11.5 6.020 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;
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-- Page 3
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:
11.5 6.030 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:
11.5 6.040 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.
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SECTION 5. Chapter l 1.56.050 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 11.5 6.060 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 15th day of October 1997.
iW %/
ATTEST:
CITY CLERK
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Page 5
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 23rd day of September , 1997. That
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council
on the 15th day of _October , 1997 by the following vote:
AYES: COUNCILMEMBERS :
NOES: COUNCILMEMBERS :
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS :
h:Ymmcy\curfew.ord
Darcy, Heidt, Rlai1c, Royer, Smyth
None
None
None
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CITY CLERK