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HomeMy WebLinkAboutOrdinance No. 97-O160 0 ORDINANCE NO. 9 7 - 016 AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING SECTIONS 46-125, 46-126 AND 46-128 OF CHAPTER 46 OF THE AZUSA MUNICIPAL CODE CONCERNING JUVENILE CURFEW AND DAY TIME LOITERING REGULATIONS WHEREAS, the City Council has determined that there has been an increase in juvenile violence, juvenile gang activity and crime by persons under the age of eighteen in the City of Azusa; and WHEREAS, persons under the age of eighteen are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang -related activities and to be victims of older perpetrators of crime; and WHEREAS, local statistics regarding juvenile crime and victimization indicate that enforcement of a curfew for juveniles decreases juvenile victimization and increases the number of arrests for violent crimes during curfew hours; and WHEREAS, the City of Azusa has an obligation to provide for the protection of juveniles from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile crime activities; and WHEREAS, the City's current juvenile curfew ordinance must be revised to reflect changes in the law as discussed in a recent appellate court ruling invalidating the City of San Diego's curfew ordinance in the case Nunez v. City of San Diego; and WHEREAS, the City would like to continue enforcing a juvenile curfew; and WHEREAS, the proposed amendments to the current curfew ordinance are intended only to protect the constitutional rights of juveniles and not to extend the hours or other conditions of the juvenile curfew ordinance; and WHEREAS, immediate amendment of the curfew for those under the age of eighteen will be in the interest of the public health, safety and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of the City of Azusa, while still preserving the rights of juveniles. RVPUB\SRC'32487 0 THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 46-125 of the Azusa Municipal Code is hereby amended in its entirety to read as follows: "See. 46-125. Juvenile Curfew Regulations. (a) Purpose. The city is concerned with the level of juvenile violence, juvenile gang activity, and juvenile crime in the city. The city finds that juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang -related activities and to be victims of older perpetrators of crime. Recent local statistics regarding juvenile crime and victimization indicate that enforcement of a curfew for juveniles decreases juvenile victimization and increases the number of arrests for violent crimes during curfew hours. The city council believes that having an enforceable juvenile curfew ordinance is critical to preserving the public health, safety and welfare. The city further finds and determines that juveniles are repeatedly detained and supervised by law enforcement personnel for violating curfew and that day time loitering laws impose an extraordinary burden on the manpower and resources of the law enforcement services division because juveniles taken into custody by law enforcement personnel must be supervised in an unsecured area of the law enforcement station until they are released to a parent or guardian. Law enforcement personnel who supervise juveniles who have been detained are then unavailable to carry out law enforcement duties in the field which decreases the level of police protection thereby decreasing public safety in the community. One purpose of this section is to inhibit crime committed by juveniles at night and by truants during the day and to defray the reasonable costs that the city incurs to provide extraordinary law enforcement services to respond to, detain and supervise repeat curfew and day time loitering violators. (b) Definitions. "Emergency" means the unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to fire, natural disaster, automobile accident or requirement for immediate medical care for another person. " 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. "Juvenile" means any person under eighteen years of age. "Parent" means a person who is the natural or adoptive parent of a person. The term includes a court appointed guardian or other person eighteen years of age or older authorized by the parent, by a court order or by a court appointed guardian to have the care and custody of that juvenile. "Public place" means any place to which the public has access and includes but is not limited to streets, highways, parks and the common areas of schools, hospitals, office buildings, transport RVPUR\SRC\332487 -2- 0 0 facilities, shopping centers, and malls. "Repeat curfew or daytime truancy violator" means any juvenile who: (1) has been detained and taken into custody by city law enforcement personnel on more than one occasion in a twelve month period for violating either section 46-125(c) or section 46-128 of this chapter, and (2) has been reprimanded by a court because said court finds it to be true that the juvenile violated either section 46-125(c) or section 46-128 of this chapter on more than one occasion in a twelve month period. (c) Curfew for juveniles. It is unlawful for any juvenile to remain in any public place or on the premises of any establishment in the city between the hours of ten p.m. of any day and sunrise of the following day during the months of September through May inclusive, and between the hours of eleven p.m. of any day and sunrise of the following day during the months of June through August inclusive, unless the juvenile is: (1) accompanied by the juvenile's parent; (2) on an errand at the direction of the juvenile's parent; (3) in a motor vehicle involved in interstate travel; (4) engaged in an employment activity or going to or returning home from an employment activity without any detour or stop; (5) involved in an emergency; (6) on the sidewalk abutting the juvenile's residence; (7) attending an official school, religious or recreational activity supervised by one or more adults and sponsored by the city, a civic organization or other similar entity that takes responsibility for the juvenile, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by one or more adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the juvenile; (8) exercising First Amendment rights protected by the United States Constitution; or (9) emancipated pursuant to law." RVPUB\$&C32487 -3- SECTION 2. Section 46-126 of the Azusa Municipal Code is hereby amended in its entirety to read as follows: RVPUB\SRC32487 -4- 0 0 "Sec. 46-126. Parental or guardian responsibility. It is unlawful for the parent or legal guardian of any juvenile to knowingly permit or, by insufficient control, to allow the juvenile to be in violation of sections 46-125(c) or 46-128 of this chapter." SECTION 3. Section 46-128 of the Azusa Municipal Code is hereby amended in its entirety to read as follows: "Sec. 46-128. Daytime. loitering or truancy. (a) Any juvenile who is subject to compulsory continuation education or to compulsory education cannot remain in or upon the following places during the hours and on days when the juvenile's school is in session: (1) Public streets; (2) Highways; (3) Roads; (4) Alleys; (5) Parks; (6) Playgrounds; (7) Other public grounds, public places, public buildings or the premises of any establishment, vacant lots; and (8) Any unsupervised place. (b) The provisions of this section do not apply if: (1) the juvenile is accompanied by his or her parent, legal guardian or other adult having the care and custody of the juvenile; or (2) the juvenile is on an emergency errand directed by a parent, legal guardian or other adult having care and custody of the juvenile; or (3) the juvenile is going to or coming directly from his or her place of employment; or (4) the juvenile is going to or from a medical appointment; or RVPUB\SRCU2487 -5- 0 0 (5) the juvenile is a student who has permission to leave the school campus for lunch or school related activity, and has in his or her possession a valid, school -issued, off - campus permit; or (6) the juvenile is going to or coming from a compulsory alternative education program activity; or (7) the juvenile is attending or, without any detour or stop, going to or returning from an official school, religious, government-sponsored activity, or other recreational activity supervised by adults; or (8) the juvenile is attending or, without any detour or stop, going to or returning from an event or activity directly related to the medical condition of the parent or legal guardian; or (9) the juvenile is officially enrolled in home schooling; or (10) the juvenile has passed a general educational development test and received a California high school equivalency certificate. (c) Violation --penalties. Each violation of the provisions of this section is a separate offense and is a misdemeanor. (1) Any juvenile convicted of a misdemeanor for violations of any section of this chapter may be punished by a fine not exceeding one -thousand dollars or by a requirement to perform city or school -approved work projects or community service or both. If required to perform a project, the total time for performance shall not exceed twenty hours over a period not to exceed sixty days, during times other than a juvenile's hours of school attendance or juvenile, parent or legal guardian's hours of employment. (2) Any parent or legal guardian violating any provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed one -thousand dollars, or by imprisonment for a period of not more than six months in the county jail or by both such fine and imprisonment. (d) Enforcement. A peace officer may issue a citation to any juvenile, parent or guardian found to be in violation of this chapter and may detain any juvenile, until the juvenile can be placed in the care and custody of a parent or legal guardian or may transport the juvenile to his or her home or to the school from which the juvenile is absent. If cited, the juvenile and a parent or legal guardian shall appear in court as directed by the citation." SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its passage. RVPUB\SRC\32987 -6 SECTION 5. A summary of this Ordinance shall be published in the manner required by law. PASSED, APPROVED AND ADOPTED this--2,Pthday of October 1997. MAYOR n ADOLPH SgLIS, CITY APPROVED AS TO LEGAL FORM EST BEST & KRIEGER LLP RVPU6\SRC\32487 -7- 0 -0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Adolph Solis, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 97-016 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 6-th day of October , 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 20th day of October 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS APPROVED AS TO FORM: :5d phi (L dw CI Y ATTORNEY NONE 1� RVPUMSR032487 -8-