Loading...
O 518 C.S. ORDINANCE NO. 518 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING IN ITS ENTIRETY CHAPTER 13, TITLE 5, OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING A JUVENILE NIGHTTIME CURFEW THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Arroyo Grande Municipal Code Chapter 13, Title 5, is amended in its entirety as follows: CHAPTER 13 JUVENILE NIGHTTIME CURFEW Section 5-13.01: Purpose and Intent. The City Council finds that a juvenile curfew Ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children and minors' inability to make critical decisions in an informed and mature manner. The City recognizes a compelling interest in preseNing the safety of the community generally and providing a higher degree of protection for its minors specifically during nighttime hours. Section 5-13.02: Definitions. The following definitions are applicable to this ordinance: "Curfew hours" means the period from 11 :00 p.m. any night until 6:00 a.m. the following morning. "Emergency" means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life. "Establishment" means any privately-owned place of business operated for 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 minor, or (b) a public or private agency with whom a minor has been placed by a court. ORDINANCE NO. 518 C.S. PAGE 2 "Minor" means any person under eighteen (18) years of age. "Operator" means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. "Parents" means a person who is a natural parent, adoptive parent or step-parent of a minor. "Responsible adult" means a person at least eighteen (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 the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, common areas of schools, hospitals, apartment hoses, office buildings, transport facilities and shops. "Remain" means to (a) linger, stay or be present; or (b) fail to leave the premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises. Section 5-13.03: Offenses. It is unlawful for: (a) Any minor to remain in any public place or on the premises of any establishment within the City during curfew hours, or; (b) Any parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours; or (c) Any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours. Section 5-13.04: (a) Defenses. It is a defense to prosecution of the above offenses that the minor was: (1 ) accompanied by the minor's parent or guardian or by a responsible adult; (2) on an errand at the direction of the minor's parent or guardian or responsible adult, without detour or delay; (3) in a motor vehicle involved in intrastate or interstate travel; (4) engaged in employment, or going to or returning home from employment, without detour or delay; ORDINANCE NO. 518 C.S. PAGE 3 (5) involved in an emergency; (6) on the sidewalk adjacent to the minor's residence, providing the minor is not otherwise violating the law; (7) attending an official school, religious or other adult supervised recreational activity sponsored by the City, a civic organization or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay; (8) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; (9) emancipated pursuant to law. (b) It is a defense to prosecution under offense set forth in Section 5-13.03(c) above, that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. Section 5-13.05: Enforcement: Before taking any enforcement action under this Chapter, a peace officer shall ask the apparent offender's age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this Chapter unless the officer reasonably believes an offense has occurred and based upon the minor's response(s) and other circumstances, no defense under this Chapter appears present or applicable. Section 5-13.06: Penalties. Any 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. Any person who violates the offenses described in this Chapter shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure. SECTION 2: Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of Arroyo Grande hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective or the fact that anyone or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional. ORDINANCE NO. 518 C.S. PAGE 4 SECTION 3: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. This ordinance shall take effect and be in full force and effect thirty (30) days after its passage. On motion of Council Member Ferrara, seconded by Council Member Runels, and on the following roll call vote, to wit: AYES: Council Members Ferrara, Runels, Tolley, Dickens, and Mayor Lady NOES: None ABSENT: None the foregoing Ordinance was passed and adopted this 12th day of September, 2000. ORDINANCE NO. 518 C.S. PAGE 5 --~t4Ii:- MICHAEL A. LAb ,MA R ATTEST: . itMtu8r-fL- MORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~ RICK TerBORCH, INTERIM C Y MANAGER APPROVED AS TO FORM: OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 518 C.S. is a true, full, and correct copy of said Ordinance passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 12th day of September, 2000. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of September, 2000. ~~ MORE, DIRECTOR OF ADMINISTRA riVE SERVICESI DEPUTY CITY CLERK