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HomeMy WebLinkAbout94-20 CC OrdinanceORDINANCE NO. 94-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TI~MECULA ADDING CHAPTER 9.12 TO THE TEMEC- ULA 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. The City Council of the City of Temecula has adopted this Ordinance in order to protect the public health, safety, and welfare. Section 2. read as follows: Sections: 9.12.010 9.12.020 9.12.030 9.12.040 Chapter 9.12 is hereby added to the Temecula Municipal Code, which shall "CHAPTER: 9.12 CURFEW FOR MINORS Intent. Curfew Established. Exceptions to Curfew. Violation of Curfew by Minor. 9.12.010 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. 9.1T020 Curfew g.stablished. It is unlawful for any person under the age of eighteen (18) years to loiter or idle 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. 9.12.030 Exceptions to Curfew. The provisions of Section 9.12.020 shall not apply in the following circumstances: Ords 94-20 1 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. 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. 9.12.040 Violation of Curfew by Minor--Punishment. A. Each person under the age of eighteen (18) years, who violates subsection (a) of Section 9.12.020 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 9.12.020 or of this Section 9.12.040 to non-criminal programs for disposition of such violations, such as youth court proceedings." Section 3. SEVERARII1TY 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. Ords 94-20 2 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. PASSEr), APPROVEr) AND ADOPTED this 12th day of July, 1994. Ron Roberts, Mayor A~FEST: Ju~reek, City Clerk [SEAL] OrdB 94-20 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 94-20 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of June, 1994, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day of July, 1994, by the following vote, to wit: AYES: 5 COUNCIL~MBERS: Birdsall, Mufioz, Parks, Stone Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COIJNCILMEMBERS: None ' Clerk ~ .~G. Greek, City~:~~ Ord,, 94-20 4