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HomeMy WebLinkAbout97-16 CC OrdinanceORDINANCE 97-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TF_,MECULA RELATING TO CURFEWS FOR MINORS AND AMENDING THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOW: Section 1. The City Council finds: A. The Temecula Municipal Code currently establishes a curfew for minors between the hours of eleven p.m. and five a.m. B. lnNunezv. City of San Diego, 97 D.A.R. 7221 (June 10, 1997), the Ninth Circuit considered an ordinance adopted by the City of San Diego which prohibited minors from loitering between 10 p.m. and sunrise. The court found the ordinance unconstitutional because it did not contain exceptions to allow minors to engage in constitutionally protected activities. C. The City's curfew is distinguishable from the curfew considered by the Nunez court because it does not restrict constitutionally protected activities in the same way. D. The ongoing application of the curfew is necessary to promote compelling govemmental interests because it reduces juvenile crime and juvenile victimizafion. Minors are particularly vulnerable to violence due to their lack of maturity and experience and their limited ability to make critical decisions in an informed and mature manner. E. The City Council desires to clarify that the curfew does not restrict constitutionally protected activities. Section ~.. Chapter 9.12 of the Temecula Municipal Code is hereby amended to read as follows: "CHAPTER 9.19.. CURFEWS FOR MINORS: A. Every minor who is present in or upon any public or private street, road, drive, alley, or trail; any public or community park or recreation area; any public ground, place, or building; or any vacant lot or abandoned or vacant building between the hours of 10:00 p.m. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection C. of this Section. B. Parental Responsibility: Every custodial person who allows or permits a minor in his or her custody to violate any provision of this Section is guilty of an infraction. C. This section shall not apply if the minor is: 1. Accompanied by a custodial person or by the minor's spouse over eighteen (18) years of age; 2. On an errand directed by, and in possession of a written excuse from, a custodial person or spouse over eighteen (18) years of age; 3. Engaged in or going directly to or returning directly from a school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization, or a similar entity that takes responsibility for the child; 4. Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such activity; 5. Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person or spouse over the age of eighteen (18) years of age; 6. Involved in an emergency or seeking medical assistance; 7. Exercising First Amendment rights protected by the United States Constitution or the California Constitution, including but not limited to: free exercise of religion, freedom of speech and freedom of assembly; 8. In the right-of-way abutting the minor's residence; 9. In a motor vehicle involved in interstate travel; 10. Emancipated pursuant to State law and California Family Code Section 7000, et sea., including but not limited to the following reasons: married or in the military 11. Homeless. D. Community Service or Parenting Classes for First Offense: On a first offense, the Court may order community service or parenting classes instead of a fine, as may be appropriate. Orda\97-16 2 E. Definitions: 1. The word "emergency~ as used in this Section means an 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 any situation requiring immediate action to prevent serious bodily injury or loss of life. 2. The word "minor" as used in this Section means a person under the age of eighteen (18) years. 3. The word "custodial person" as used in this Section means any parent or legal guardian of the minor, or any person eighteen (18) years of age or older who is authorized by such parent or legal guardian with the care and custody of the child. F. Enforcement Procedm'e~: A police officer shall ask the age of an apparent offender and the reason for being on the premises or property. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in Subsection C. apply. G. Power of Law Enforcement Officers: Nothing in this Section shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this Section not been enacted. Section 3. If any section, subsection, sulxlivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section,' subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Ords\97-16 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Temecula this 23rd day of September, 1997. ATFEST: Patricia H. Birdsall, Mayor C,_,~MC/AAE City Clerk [SEAL] 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. 97-16 was introduced and placed upon its furst reading at a regular meeting of the City Council on the 9th day of September, 1997 and was duly adopted at a regular meeting of the City Council of the City of Temecula on the 23rd day of September, 1997, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Ford, Roberts, Stone, Birdsall NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 0 COUNCILMEMBERS: None une S. Greek, CMC/AAE City Clerk Ords\97-16 4