HomeMy WebLinkAbout1998-11-03 - AGENDA REPORTS - PARENTAL RESPONSIBILITY ORD (2)CITY OF SANTA CLARITA
INTEROFFICE MEMORANDUM
TO: ty Councilmembers
FROM: ?eo arav ityManager
DATE: ber 3, 19
SUBJECT: PARENTAL RESPONSIBILITY ORDINANCE
RECOMMENDED ACTION
Direct staff on appropriate course of action.
BACKGROUND
As requested by City Council, staff has been analyzing the effectiveness of a Parental
Responsibility Ordinance for the City of Santa Clarita. Since 1996, staff has been
researching Parental Responsibility Ordinances. The purpose of this ordinance is to make
parents more accountable for the actions of their minor children.
Since this concept was introduced in 1996, City staff has conducted public meetings and has
obtained legal counsel. Staff will review the history of the Parental Responsibility
Ordinance and the changes the concept has undergone since 1996.
ALTERNATE ACTION
Other action as determined by Council.
FISCAL IMPACT
None.
ATTACHMENT
Parental Responsibility Ordinance
AM\PM:ada
council\pa ent.doc
Attachment
Parental Responsibility Ordinance
In February 1996, staff approached City Council with the concept of adopting a Parental Responsibility Ordinance
modeled after an ordinance adopted by the City of Silverton, Oregon. The purpose of this ordinance is to make
parents more accountable for the actions of their minor children.
Silverton, Oregon is a small city with a population of about 6,500 people. The City of Silverton chose to pursue the
development of a parental responsibility ordinance to address the issue of teen smoking. Part II crimes for Silverton
and Santa Clarita were 70 and 1,113, respectively. Part III crimes were 41 for Silverton and 362 for Santa Clarita.
The needs of Silverton are different from the needs of Santa Clarita. In 1995, Silverton had a total of 62 Part I
juvenile crimes compared to 1,223 in Santa Clarita.
In Spring 1997, City staff coordinated an Outreach/Education Program to gain input from citizens on a Parental
Responsibility Ordinance. Following this outreach, and taking community input into consideration, staff drafted an
amended version of the Parental Responsibility Ordinance. This amended ordinance was designed to place an
emphasis on connecting parents with local programs that specialize in providing supportive services for the entire
family. The imposition of monetary penalties was considered a measure of last resort, and would only be imposed
after initial efforts to provide non -punitive services for parents have proven unsuccessful. The revised ordinance
also changed the penalty from a criminal offense to a civil offense.
At the direction of City Council, staff further researched the need for a Parental Responsibility Ordinance. In May
1998, staff recommended that City Council no longer pursue consideration of a Parental Responsibility Ordinance.
In staffs opinion, one of the most important distinctions was the effectiveness of enforcement as a criminal offense.
Following the July 1997 Study Session, at the advice of the Cify Attorney, staff modified this conceptual ordinance
and incorporated language that would cause potential violations to be considered "civil" in nature. The significance
of this action would make it incumbent upon the City to pursue any potential violation as a civil matter.
CONCLUSION
Since. February 1996 when the concept of a parental responsibility ordinance was introduced in Santa Clarita, the
City, L.A. County Sheriffs Department have addressed the issue of parental notification through new, more
stringent procedures and new programs, particularly in the area of parenting.
During the past two years, the current procedure for parental notification has changed and been enhanced. This
procedure can be augmented by City staff working more closely with the Sheriffs Department, District Attorney's
Office, and Court System to maximize use of current programs and ensure stringent enforcement regarding parental
involvement in handling juvenile citations.
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, particularly
parenting programs.
Current Parenting Programs offered in Santa Clarita that parents can attend include:
• Parent Project — available free at Golden Oak Adult School
• Active Parenting — available free through the City of Santa Clarita
• ACTION — available free through the City of Santa Clarita
• Positive Parenting - available through City of Santa Clarita Contract Classes
If adopted as currently proposed, the Parental Responsibility Ordinance would face enforcement barriers because
City staff does not have the authority to access the records of juveniles in order to make contact with parents. To do
so would violate confidentiality laws.
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Proposal #1
(Conceptual)
Presented- at
February 1996 Study
Session
Spring 1997
Proposed Ordinance
September 1997 City
Council Meeting
Parental Responsibility Ordinance
• Drinking in Public
• Curfew
• Truancy
• Graffiti
• Possession of Graffiti
Implements
• Parental Notification •
Letter — refer parents
to Parenting Resource
and Referral Service
Hotline
Progressive
Infractions starting at
$100 up to $250.
COMMUNITY OUTREACH / PUBLIC PARTICIPATION / ATTORNEY REVIEW
• Drinking in Public
• Curfew
• Truancy
• Graffiti
• Possession of Graffiti
Implements
•Parent Notification
Letter
• Second: Civil monetary
fine or completion of a
court approved parent
effectiveness course or
half the number of
community service
hours assigned to their
child.
• Third: Completion of a
second of the options
described above
• Fourth: Minimum civil
monetary fine
• Fifth: Maximum civil
monetary fine
• Criminal Offense —
Sheriffs Department,
District Attorney and
Judges responsible
• Civil Offense — City
Staff responsible
Proposed Ordinance
May 1995
• Drinking in public
• Curfew
• Truancy
• Graffiti
Possession of Graffiti
Implements
Notification Letter to
Parents
• Second: Attendance in
a family oriented
(parenting) program
• Third: Monetary Fine
• Civil Offense — City
Staff responsible
Existing Procedure
Citations issued for
Preliminary Notification:
• Subsequent: Same as
• Criminal Offense:
infractions and some
• COBRA Team sends a
above. Judge takes into
Sheriffs Department,
misdemeanors. Primarily
letter to parents
account previous record.
District Attorney, and
for:
notifying them that
Judges responsible
• Curfew
their child is at -risk of
• Truancy
becoming involved or is
• Petty Theft
already involved with
• Graffiti
gangs.
• Possession of Illegal
• Parents are sent a copy
Substances (not for
of citations issued for
sale)
truancy violations
• Loitering
First Offense:
• Traffic Violations
• There is a statement on
the citation that the
juvenile must bring at
least one parent to
court. The juvenile
must sign the citation
acknowledging the
parental requirement.
The actual citation
serves as parental
notification.
• Hearings are conducted
in traffic court. The
sentences are generally
community service
hours or fines.
• If parents do not appear
in court with their child,
the court will not hear
the case. If it is ruled a
failure to appear, the
juvenile can lose driving
privileges.
• If a minor does notify
parents, but they refuse
to attend, the parent is
issued a citation and
warned of the possibility
of having the child
removed from their
custody.
• The court can, at any
offense, order parents to
attend parenting classes
or hold them responsible
in any way. It is at the
judge's discretion.
ORDINANCE NO. 98-7
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 Clarity Municipal Code
to read as follows:
11.69.010. Failure to Supervise 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 ehild has been found on private property or premises
open to the public and found in violation of one 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. Defenses.
A. It shall be a defense to the offense of failure to supervise a minor if the child=s
violation of this Section occurred in the presence of the parent, legal guardian or person with
legal responsibility for the safety of the minor.
B. It shall be a defense to the offense of failure to supervise a minor if the violation
occurred on the private property of the parent legal guardian or person with the legal
responsibility for the safety of the minor.
SECTION 3. Section 11.69.030 is hereby added to the Santa Clarita Municipal Code
to read as follows:
11.69.030. Citations Issued to Children that are Thirteen Years of Ape or Younffer.
If a child, is thirteen (13) years of age or younger, and is subject to citation for violating
any one of the provisions of the City of Santa Clarita Municipal Code referenced in Section
11.69.010 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.
SECTION 4. Section 11.69.040 is hereby added to the Santa Clarita Municipal Code
to readas follows:
11.69.040. Notification 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 ANotification Letter_ from the Los Angeles County
Sheriff=s Department the first time their child is subject to citation 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 citation for 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 5. Section 11.69.050 is hereby added to the Santa Clarita Municipal Code
to read as follows:
11.69.050. Consequences.
A. 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 subject to civil liability as authorized
in California Government Code Section 53069.4. In lieu of a monetary fine, participation and
completion of the City of Santa Clarita AAction=_ Program by the offending individual(s) shall
be required by the court.
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. subject to civil liability as
authorized in California Government Code Section 53069.4. In lieu of a monetary fine, the
offending individual(s) shall be required by the court complete no less then fifty percent (50%)
of the total number of community service hours assigned to the minor child with whose legal
responsibility they are charged. Further, the individual(s) shall be required by the court to
complete all such community service hours in the company of his or her child.
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 subject to civil liability as authorized
in California Government Code Section 53069.4., and shall be required to pay the minimum
fine as authorized by. this section of the California Code.
D. For all subsequent violation of Section 11.69.010 of the Santa Clarita Municipal
Code, individuals shall be subject to civil liability as authorized in California Government Code
Section 53069.4, and shall be required to pay the maximum fine as authorized by this section
of the California Code.
SECTION 6. Section 11.69.060 is hereby added to the Santa Clarita Municipal Code
to read as follows:
11.69.060. Victim Reimbursement.
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 7. The City Clerk shall certify the passage of this ordinance and shall cause
the same to be published as required by law.
PASSED AND APPROVED this day of ,1998.
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. 98-7 was regularly introduced and placed upon the first reading at a
regular meeting of the City Council on the day of 1998. That
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City
Council on the day of , 1998 by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
CITY CLERK
hApuental\98-7