HomeMy WebLinkAbout90-11 CC OrdinanceORDINANCE NO. 90-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 11.10 TO THE
TEMECULA MUNICIPAL CODE PERTAINING TO THE
ESTABLISHMENT OF A CURFEW FOR MINORS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. PURPOSE: The City Council of the City of Temecula has adopted this
Ordinance in order to protect the public health, safety and welfare.
SECTION 2. Chapter 11.10 is hereby added to the Temecula Municipal Code, which
shall read as follows:
CHAPTER: 11.10
Sections:
CURFEW FOR MINORS
11.10.010
11.10.020
11.10.030
11.10.040
11.10.050
Intent.
Curfew Established.
Exceptions to Curfew
Violation of Curfew by Minor
Responsibility of Adult for Curfew Violations.
11.10.010 Intent. In enacting this Chapter, it is the intent of the City Council to protect
children of immature age, to promote the safety and good order in the community, and to reduce
the incidence of juvenile criminal and other anti-social behavior.
11.10.020 Curfew Established. It is unlawful for any person under the age of eighteen
(18) years to loiter, idle, wander, stroll, play or be present in or upon public streets, highways,
roads, alleys, parks, playgrounds, places or buildings between the hours of 11:00 P.M. and 5:00
A.M. of the day immediately following.
11.10.030 Exceptions to Curfew. The provisions of Section 11.10.020 shall not apply
in the following circumstances:
(a) When the person who is under eighteen (18) years of age is accompanied by his or
her parent, guardian or other adult person having the care and custody of the person who is
under eighteen (18) years of age.
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(b) When the person who is under eighteen (18) years of age is returning directly home
from school or from a meeting, entertainment, recreational activity, dance, or place of lawful
employment.
(c) When the person who is under eighteen (18) years of age is going directly from
home to school or to a school-sponsored meeting or to place of lawful employment.
(d) When the person is under eighteen (18) years of age is accompanied by his or her
adult spouse.
(e) When the person who is under eighteen (18) years of age is directly in route from
school or from a meeting, entertainment, recreational activity, dance or place of lawful
employment to a place where food is served to the public. This exception shall continue during
the time which is reasonably required to obtain and consume food at such place and to proceed
directly home from such place.
(f) When the person who is under eighteen (18) years of age is performing, or is in route
directly home from performing, an emergency errand pursuant to the request or direction of an
adult person who is charged with the care and custody of the minor performing the errand.
11.10.040 Violation of Curfew by Minor Punishment.
(a) Each person under the age of eighteen (18) years, who violates subsection (a) of
Section 11.10.020 of this Chapter shall be guilty of an infraction and shall be dealt with in
accordance with State law and procedures governing the prosecution of minors who are charged
with infractions.
(b) Nothing contained in this Section shall be construed to prohibit the diversion of
juvenile violators of Section 11.10.020 or of this Section 11.10.040 to non-criminal programs
for disposition of such violations, such as youth court proceedings.
11.10.050 Responsibility of Adult for Curfew Violations. Each parent, guardian or
other adult person having the legal care or custody of a person under the age of eighteen (18)
years, who causes, permits, aids, abets, suffers or conceals the violation of any provision of
Section 11.10.020, or who conspires with any other person to the end that any provision of
Section 11.10.020 shall be violated, shall be guilty of an infraction or a misdemeanor in
accordance with the provisions of Sections 1.01.200 of this Code and, upon the conviction
thereof, shall be punished in accordance with the provisions of Section 1.01.220 of this Code."
SECTION 3. SEVERABILITY The City Council hereby declares that the provisions
of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold
any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect
the validity of the remaining parts of this Ordinance.
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SECTION 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption
of this Ordinance and shall cause the same to be posted as required by law.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance
and cause copies of this ordinance to be posted in three designated posting places.
PASSED, APPROVED AND ADOPTED this 24th day of July, 1990.
ATTEST:
June S,-~eek, Deputy City Clerk
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I June S. Greek, Deputy City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 90-11 was duly introduced and placed upon its first reading at a regular
meetin of the City Council on the 10th day of July, 1990, and that thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 24th day of July
1990, by the following vote, to wit:
AYES: 5
C OUNCILMEMBERS:
Moore, Birdsall, Lindeman,
Mufioz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Ju e~~mreek, DepUty City Clerk
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