O 194 C.S.
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2'16
I 1" C.S.
GROI NANCE NO.
All OIOIIWICE OF TItE CITY Of ARROYO GMHH WII..
THE ARROYO GRANDE MUNIC 'PAL COOE 8Y ADOING CHA'TER 13
TO TITLE 5 THEREOF TO PROVIDE FOR AM 11:00 P.M.
CURFEW fOR MINORS WITHIN THE CITY OF ARROYO GAAHOE.
THE CITY COUNCIL Of THE CITY Of ARROYO GRANDE DOES OIIDAIN AS. FOLLOWS:
SECTION 1. Chapter 13 Is added to Title 5 of the Arroyo Grande Municipal
Code to read as follows:
Section 5-13-01. Presence of Minors Prohibited. It is unl.It' for any
minor under the age of eighteen (18' years remalnl", or loitering on the pub'lc
streets, highways, roads, alleys, parks, public buildings, place of -.u.....t Iftd
entertainment, vacant lots or other unsupervised places, bet...n the hours of
11:00 P.M. official city tiMe and six (6:00) A.M. official city tl.., of the
following day; provided, however, that the provisions of this sectIon do not
apply to a minor accompanied by his or her parent, guardian, or other edult
person having the care and custody of the minor, or where the minor Is upon
an emergency errand or legitimate business directed by his or her parent,
guardian, or other adult person having the care and custody of the .Inor, or
when the minor Is returning dIrectly home from a ..etlng, antert,tJ_nt, recreatlon.1
activity or dance.
For the purposes of this chepter, the burden of proof shell be IIpOII the adult
person acCCllllpanylng the minor to establish the fact of car. ~ custody of the .'nor.
The lllere fact that the .Inor Is KCOIIIpanIH by an actul t penon sNII fIOt gllltl rise
to . presUlllpt'on that s.ld adult person did In fact have the c.... en4 Cll6tody of
said .Inor. The burden of proof shall be ..t by proof of the fact tut s.leI _It
parson Is . parson who has received the eMpreSS pannlsslon of tlte pe.....t or guard'"
to .c~v s.ld .Inor, or by proof that said adult parson has ~ft efttrvtt" with
the ,...., custody of said .Inor.
*tlon f;I~.02. A.spon.,b,llty of ParenU. It Is un'.ul fOf' the parent,
guardl.., or ot r Hult person having the care and custody of a .'_ uMar dIta ...
of el,hteen veers to knowingly pe",'t such .Inor to violate any.' eN prevl.lon. of
Section 5-1).01 of this Ordinance, or to aid, abet, or enc:our... ., .... .,_ to .
violate any of the provisions of s.ld Section.
Each violation of the provisions of this section constitutes a separate
offense.
SectIon 5-1).0). qualifications. If any sectIon, suOsactlon, suWhlslOll,
, paragraph, _teftC.e, c'auS. or phr... In this Oretlnanea Is for ."., ,...011 _let to
\ be unconstitutional or In".lId or lneffectlva by any court of CCIIIfII8t...t Jurls.fctlOll,
such .clslon shaJJ not .ffect the validity or effactlveness of the ....1"'''' portions
of this Ordinance. The City Council hereby declares thet It _I' havt ..._ eech
..ctlon, subsect'OII, suWl"lslon, par8t[rapft, sentence, clause or ,....... t_reof
IrrespectIve of the fact that .ny one or .ore sections, subsections, subdivisions,
pa..agraphs, sentences, clauses or phrases be declared uncon.tltut''''''', l/tvand
or Ineffective.
SECTION 2. This Ordinance shall be In full force and effect thirty ()OJ
days .fter Its passage, and within fifteen (IS) days after Its p.ssage, It sha'
be pullllshed once, together with the n_. of the Council Members voting tn1\".
In the ',YE CITIES TIMES-PRESS-RECORDfR.
On IIIOtlon of Council Metlber de Leon, seconded by Council ....r Callagher
and on the following roll call vote, to wit:
AYES: Council Melllbers Pope, Gallagher, de leon and Heyor Millis
NOES: None
A'SENT: Counc 11 Member Sal th
the foregolftg Ordinance was passed and adopted this l~th day of August, 1979.
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