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HomeMy WebLinkAbout1998-05-26 - AGENDA REPORTS - PARENTAL RESPONSIBILITY (2)UNFINISHED BUSINESS DATE: May 26, 1998 AGENDA REPORT City Manager Approval Item to be presented b : Adele Macpherson SUBJECT: PARENTAL RESPONSIBILITY MEASURE: UPDATE DEPARTMENT: Parks, Recreation & Community Services RECOMMENDATION City Council accepts report for informational purposes only. BACKGROUND At the request of both the City Council and residents,. staff,:has spent the last year researching the merits of a conceptual Parental Responsibility Ordinance for the City. For reasons that will be explained within the context of this report, at this time staff does not recommend further City Council consideration of this conceptual ordinance PARENTAL RESPONSIBILITY ORDINANCE: OVERVIEW The first draft of this proposed ordinance was presented to the City Council in July of 1997. At that time, it was envisioned that the enforcement of this type of ordinance would be addressed as a "criminal matter," and that any potential citation would be issued specifically to the parent or guardian of a juvenile. While the term "criminal matter" conjures up a strong image, it is important to note that any criminal citation issued in connection with this type of ordinance would be considered an "infraction" and similar to receiving a normal traffic ticket. In summary, as discussed by staff at the City Council's July 1997 Study Session, the process to enforce a Parental Responsibility type ordinance can best is described as "tiered." As discussed at the July 1997 Study Session, an individual impacted by this conceptual ordinance would first receive a "Notification Letter" informing them of their child's action, the existence of a parenting ordinance, and an opportunity to voluntarily take advantage of existing "family oriented" programs. Only after their child's second contact with Sheriff's Deputies, could the actions prescribed by this potential ordinance (mandatory attendance in a family oriented program) be imposed, and only after a third contact with Sheriff's Deputies would a monetary fine even be considered. In staff's opinion, one of the most important distinctions concerning the format of this conceptual ordinance (as it was described to the City Council in July 1997) was the method of enforcement. By developing an ordinance that was criminal in nature, the Sheriff's Department and District Attorney's Office would have shared responsibility for its enforcement. However, at the suggestion of the City Attorney, following the July 1997 Study Session, staff chose to Agenda l -- Parental Responsibility Measure: Update May 26, 1998' Page 2 modify this conceptual ordinance and incorporate language that would cause potential violations to be considered "civil" in nature. The significance of this action would make it incumbent upon the City (specifically, City staff) to pursue any potential violation as a civil matter. CIVIL CITATIONS The suggestion to incorporate civil fines, as opposed to criminal fines, came about for two specific reasons. First, as a matter of law, the City would need only to demonstrate that a "preponderance" of evidence (as opposed to "beyond a reasonable doubt") existed to potentially succeed in a court of law. Second, the incorporation of civil citations would provide the City with a greater level of protection against a possible legal challenge to the ordinance. However, beyond these two factors, in staff's opinion this type of approach presented challenges that outweighed the overall benefit. First, in terms of staff time, the enactment of a Parental Responsibility Ordinance incorporating civil fines would place modest impacts upon current City resources. However, even more importantly than the potential level of City resources required to administer this program, staff believes the adoption of this type of ordinance creates a situation where the City is "playing both sides of the fence." Specifically, if adopted as a civil ordinance, this ordinance could create a situation where City staff could in one breath be encouraging a parent to take advantage of a program that benefits their entire family, and in the next breath be issuing a civil citation to that same individual. EXISTING YOUTHlFAMILY RESOUCRES & LAWS The City's Community Services Division directly oversees, or participates in over 35 projects and programs that provide supportive resources for our youth -population, their parents, and the family as a whole. These programs range from the Anti -Gang Task Force, to the Mayor's Conference on Youth and Family, to the "We Care For Youth" Program, and the newly created "Action" Program. While these programs vary in approach, consistently each program strives to achieve its goals by creating a positive environment that success can be built upon. Lastly, the recent adoption (January 1998) of new "Procedures for the Citation of Non -Detained Minors" by the Juvenile Division of the Los Angeles County District Attorney's Office, dramatically reduces Santa Clarita's need for a Parental:Responsibility Ordinance. Among the new procedures enacted, this law requires the setting of time limits to remedysituations among agencies (including law enforcement, probation, the DA's. Office and Juvenile Court) involved in juvenile criminal matters. Further, this new law also. mandates that a separate citation be issued to the parent of a minor to appear in the same court as their child. At this time staff is recommending against the further consideration of a Parental Responsibility Ordinance, opting instead to take advantage of existing City programs and the new legal procedures developed by the Juvenile Division of the Los Angeles County District Attorney's Office. i Parental Responsibility Measure: Update May 26, 1998 Page 3 ALTERNATIVE ACTIONS 1. Further City Council consideration of the proposed Parental Responsibility Ordinance 2. Other actions as determined by Council. FISCAL IMPACT None ATTACHMENTS The July 1997 City Council Study Session Item relating to the proposed Parental Responsibility Ordinance is available for review in the City Clerk Reading File. hAparnt526.doc CITY OF SANTA CLARITA INTEROFFICE MEMORANDUM TO: Mayor Smyth and the City Council FROM: George A. Caravalho, City Manager DATE: July 1, 1997 SUBJECT: PROPOSED PARENTAL RESPONSIBILITY ORDINANCE: OVERVIEW BACKGROUND The enactment of legislation that holds parents or guardians responsible for the actions of their minor children is a relatively new concept. In response to a specific concern in their community, in January of 1995 the City of Silverton, Oregon adopted one of the Country's first "Parental Responsibility" -Ordinances'. A community of approximately 6,500 residents, the. City of Silverton choose to pursue the development of a parental responsibility ordinance to address the issue of teen smoking, a violation of Oregon state law. In the time that has passed since the adoption of Silverton's ordinance, many other cities throughout. . the United States have embarked on a similar course.' In addition.to the City of Silverton, parental responsibility type legislation has been adopted in the communities of St. Clair Shores (Michigan), Chicago, Detroit, Salt Lake City, and Memphis. The enactment of this type of legislation has shown some positive results. Following the adoption of Silverton's ordinance, the City experienced a 3.9% decrease in juvenile arrests 4n. 1995, as compared to statistics from 1994. During the same period, arrests. of minors violating local and state tobacco laws increased from three (3) arrests in 1994, to 40 arrests in 1995. Through June 1996, twenty-two (22) parents/individuals have been cited by Silverton law enforcement officials. Of these twenty-two (22) separate cases: six (6) cases were dismissed; two (2) cases resulted in "not guilty" verdicts; and eight (8) cases resulted in guilty verdicts. As of March 1997, the remaining six (6) cases were either continued or pending court trial. Of the eight (8) cases that resulted in a verdict of guilty: four (4) "defendants" completed parenting classes, while the other four (4) paid a court imposed fine. To date, the City has only experienced two cases that involved repeat offenders. COMMUNYI'Y OUTREACH/EDUCATION EFFORT Consistent with the City of Santa Clarita's approach toward public participation, staff conducted an extensive "Community Outreach/Education Program'.' during the development of this proposed. ordinance. The adoption of a Parental Responsibility Ordinance has the potential to impact any person who is a parent in our community. In light of this fact, staff felt. that the first and most important question to ask residents was: "Is'it the City's place to confiides admin2 an„ordinance that tells parents' -how to raise their children?. AsId n IMPINN -L While the above question is somewhat overstated, staff believed it was extremely important to determine if there was community support for this endeavor. In order to adequately answer the question, staff coordinated a three month long outreach program that provided residents with every possible opportunity to voice their support, opposition, questions and concerns. During the months of March, April and May 1997, conducted a community outreach program that included: A mail -out to over 100 clubs, groups and organizations in the City. This mail -out included a copy of the proposed ordinance; and a letter indicating that City staff would be happy to come. to one of their future meetings to discuss the proposed ordinance Heavily advertised community meetings that were facilitated at each of the City's four high schools Numerous presentations to the City's Anti -Gang Task Force; and the Sheriff's Community Advisory Committee A presentations at the' Hart School District's Monthly Administrative Meeting. This meeting includes principals from each of the District's junior high, and high schools. A presentation at the Monthly Hart School District Parents Meeting. This monthly meeting includes members from each school's Parent Advisory Committee, and includes student representatives from each school in the Hart District A presentation to the Youth Alliance "Parenting Sub -Committee" Numerous articles in. each of the local community newspapers., Follow-up letters to all residents who.attended one of these specific community meetings While residents expressed, minor concerns that focused for. the. most part on enforcement of.the proposed ordinance, there. was unanimous support (among every resident that staff came into contact With as a result of this outreach program) for the concept of making parents more responsible for thein children.' Overall, staff received very positive comments from City residents, as well as numerous suggestions on how-to improve the initial draft of this ordinance. Staff was able to incorporate many of these, suggestions into the final draft that has been submitted to City Council. The majority of the concerns expressed by residents did not focus on the'actual ordinance, but upon . the, "Law Enforcement" and "Judicial" processes for implementing and interpreting this ordinance. Specifically, residents were concerned with issues such as: The Judicial System provides too many chances to individuals .that appear before them, that we are not tough enough The District Attorney could not adequately support the.enforcement of this ordinance There should be no type of monetary fines, or that fines should not exceed $100.00 That considerations should be made for divorced parents who have joint custody (parents who have their children every other week/weekend) That consideration should be made for children who are out of control, and no longer "reachable" PROPOSED ENFORCEMENT OF THE PARENTAL RESPONSIBILITY ORDINANCE By working in a collaborative fashion with local community groups, agencies, and residents, City staff has developed a proposed Parental Responsibility Ordinance for the City Council's consideration. This,proposed ordinance has been designed in a way that places an emphasis on connecting parents with local resource agencies (and programs) that specialize in providing supportive services for the entire family unit. The imposition of punitive or monetary penalties are considered efforts of last resort, and Could only be considered after initial efforts to provide.non-punitive services for parents. have failed. The following information is meant to provide the City Council with an overview of the proposed Parental Responsibility Ordinance: Under proposed Ordinance 97-3, the parents or guardian of a' minor(s) who in cited for violation of any of the following provisions of the Santa Clarita Municipal Code, could be charged with the offense of Failing to Supervise a Minor. These provisions include: A. Section. 11. 18.010 - Drinking in Public B. Section 11.56.015 - Curfew Restrictions for Minors C. Section 11.57.010 - Truancy Restrictions for Minors D. Section 11.68.031 - Declaration of Graffiti as a Public Nuisance E. Section 11.68.051 - Possession of Graffiti Implements by Minors The City's proposed Parental Responsibility Ordinance would be complemented by an enforcement program that would be developed in the following manner: A first incident involving a minor who is charged with violating one or more of the above. sections of the Santa CMta Municipal Code, will result in a "Notification Letter" being sent to the parent or legal guardian. This notification letter will be designed to accomplish the three (3) specific tasks referenced below. This "letter will serve as: 1) A follow-up notice to parents that clearly explains what violation their child has been cited under; 2) An official notification, informing the resident(s) that the City has adopted a Parental Responsibility Ordinance. This information will specifically explain that any future violation of the City's Municipal Code (limited to the five sections identified in the ordinance) by their child, may result in the parent. being charged with the offense of failing to supervise a minor, 3) An opportunity for residents to voluntarily seek some type of support or assistance to address a potential family concern. This letter will encourage parents to contact the City's Community Services Division if they would like to learn more about the resources that are available to help both them and their children. A second incident involving a minor charged with violating one or more of the above sections of the Santa Clarita Municipal Code, could also cause the parent or guardian to be charged with the separate_ offense of failing to supervise a minor. If it is determined by a court of law that the individual has violated this ordinance, the offending individual(s) would be deemed guilty, of a progressive infraction. In lieu of a monetary fine, the offending individual(s) would be required to either: 1) complete a court approved parenting course; or 2) complete. no less. then 50% of the total number. of community service hours assigned to their minor child. As proposed, this ordinance would allow first time "violators" with the opportunity to choose one of thetwo.options. A third incident involving.a minor charged with violating one or more of the above sections of the Santa Clarita Municipal Code, could also cause the parent or guardian to be charged with a "second parental violation" for failing to supervise a minor. 'If it is determined by a. court of law that the individual has violated the provisions of .this ordinance, the offending individual(s) would be deemed guilty of,a progressive infraction. In lieu of a monetary fine, the offending individual would be required to complete whatever option they did not choose . during their first appearance in court. A fourth incident involving a minor charged with violating one or more, of the above sections of the Santa Clarita Municipal Code, could also cause the parent or guardian to be charged with a "third parental violation" for failing to supervise a minor. If it is determined by a court of law that the individual has violated the provisions of this ordinance, the offending individual(s) would be deemed guilty of a progressive infraction punishable, and would be subject to. the maximum fine. of $250.00 ■ Any subsequent "parental. violation" of this ordinance would .be considered a Class "A." Infraction, and maybe punishable by a fine of up to $1,000. In conclusion, the proposed Parental Responsibility Ordinance has been developed as a means to provide resources to families in need of assistance. 'While this ordinance cannot possibly help everyone, staff believes it would be a valuable'tool to assist both -parents and children who are still "reachable." RECOMMENDATION That the City Council direct the City. Manager to bring proposed Ordinance 97-3 back for First Reading at the August 26, 1997 regular meeting of the City Council. h �parental\7-97stud.y ATTACHMENT. Proposed Ordinance 97-3 ORDINANCE NO. 97-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, CREATING CHAPTER 11.69 OF THE MUNICIPAL CODE RELATING TO PARENTAL RESPONSIBILITY FOR THE ACTIONS OF MINORS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 11.69.010 is hereby added to the Santa Clarita Municipal Code to read as follows: 11.69.010.. Failure to Superyise a Minor. A person commits the offense of Failing to Supervise a Minor if: the person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child under the age of eighteen (18) years of age, and the child has been found on private property or premises open, to the public and cited, for violating any of the following Sections of the Santa Clarita. Municipal Code: A. Section 11.18.010 - Drinking in Public B. Section 11.56.015 Curfew Restrictions for Minors . C. Section 11.57.010 - Truancy Restrictions for Minors D. Section 11.68.031 —Declaration of Graffiti as a Public Nuisance E. Section 11.68.051 - Possession of Graffiti Implements by Minors SECTION 2. Section 11.69.020 is hereby added to the Santa Clarita Municipal Code to read as follows: 11.69.020. Violations by Children Thirteen Yearsof Aee or Youneer If a child, is thirteen (13) years of age or younger, 'and violates any one of the provisions of the City of Santa Clarita Municipal Code.referenced in Section 1.1.69.010 of this Ordinance; the citation shall be issued shall to the parent, legal guardian, or person with the legal responsibility for the safety and welfare of the child for violation of this Ordinance, rather than to the child for violation of any Section of the Santa Clarita. Municipal Code referenced in Section 11.69.010 of this Ordinance. 0 SECTION 3. Section 11.69.030 is hereby added to the Santa Clarita Municipal Code to read as follows: 11.69.03. Warning To Parents. The parent(s),'legal guardian, or person with the legal responsibility for the safety and welfare of the child shall be issued a "Notification Letter" from the Los Angeles County Sheriff's Department the first time their child is cited for an offense_ described in Section 11.69.010 of this Ordinance. This warning letter will serve as an "Official Notice" to the parent(s), legal guardian, or person with the legal responsibility of the child that their child came into contact with a law enforcement representative, that the City has adopted a Parental. Responsibility Ordinance, and that any future violation of the offenses described in Section 11.069.010 of this Ordinance by their child, may result in their being charged with the offense of failing to supervise a minor. SECTION 4. Section 11.69.040 is hereby added to the Santa Clarita Municipal Code to read as follows: 11.69.040. Penalty. A. 1. The first time an individual(s) is convicted for violating Section 11.69.010 of the.Santa Clarita Municipal Code, the individual(s) shall be deemed guilty of a Progressive Infraction. In lieu of a monetary fine, the offending individual(s) shall be required by the court to either: 1) complete a Court approved parent effectiveness program; or 2) complete no less then fifty percent (50%) of the total number of community service hours assigned. to the minor child whose legal responsibility they are charged with. 2. Individuals convicted. of a first offense of this ordinance shall be afforded the opportunity to choose either one of the two options referenced in Section 1-1.69.040 (a) of the Santa Clarita Municipal Code. 3.: If the offending individual(s) chooses the option to complete community service, the individual(s) shall be required by the court to complete all such community service hours in the company of their child. B. The second time an individual(s) is convicted for violating Section 11.69.010 of the Santa. Clarita Municipal Code, the individual(s) shall be deemed guilty of a Progressive Infraction. In lieu of a monetary fine, the offending individual(s) shall be required by the court to complete the option referenced in Section 11:69.040 (a) that the individual did not complete as a result of the individual(s) first conviction for violating Section 11.69.010_ of the Santa Clarita Municipal Code. C. The third time an individual(s) is convicted for violating Section 11.69.010 of the Santa Clarita Municipal Code, the individual(s) shall be deemed guilty of a Progressive Infraction punishable as set forth in the Santa Clarita Municipal Code, Sections 1.01.200 and 1:01.230 thereof, and subject to the maximum fine amount of $250.00. D. Any subsequent violation of Section 11.69.010 of the Santa Clarita Municipal Code shall be considered a Class A infraction, and may be punishable by a maximum fine of $1,000. SECTION 5. Section 11.69.050 is hereby added to the Santa Clarita Municipal Code to read as follows: 11.69.050. Restitution. In addition to any fine or penalty imposed pursuant to this ordinance, the Court shall order the parent, legal guardian, or person with the legal responsibility for the safety and welfare of the minor to pay any restitution to a victim of the minor's conduct. The amount of restitution ordered. pursuant to this Ordinance shall not exceed $2,500.00. SECTION 6. The City Clerk shall certify the passage of this ordinance and shall cause the same to be published as required bylaw. . PASSED AND APPROVED this day of 1997. MAYOR ATTEST: CITY CLERK i 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. 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 , 1,997 by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS CITY CLERK h:Vctonoian\ympcU7-3