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HomeMy WebLinkAbout00-10 CC OrdinanceORDINANCE NO. 2000-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.16 TO THE TEMECULA MUNICIPAL CODE RELATING TO JUVENILE LOITERING AND PARENTAL RESPONSIBILITY FOR JUVENILES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 9.16, Juvenile Loitering, is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 9.16, JUVENILE LOITERING 9.16.010 9.16.020 9.16.030 9.16.040 9.16.050 9.16.060 9.16.070 9.16.080 9.16.90 9.16.91 Purpose and Intent Daylight Loitering Restrictions Exceptions Enforcement Violation Penalties for Minors Hearing Requirement Penalties for Parents or Guardians Definitions "9.16.010 Purpose and Intent The Council finds, determines and declares that this Chapter has been enacted based upon the following facts and purposes: A School absenteeism is a problem that plagues our schools and creates a burden for all communities throughout the City. B Students who are absent from school without a valid excuse are denied an education. C D E The unexcused absences of students from school result in the loss of State and Federal funding to the detriment of all students. Unsupervised students involve themselves in unsafe activities by loitering in residential neighborhoods, business districts and malls. Unsupervised students engage in criminal activity to the detriment of the community such as residential burglaries, auto thefts, bicycle thefts, vandalism and other visible signs of disorder. Unsupervised students become a burden on police who must return them to school, wait for parents to pick them up, and investigate any and all criminal activity related to a student's absenteeism. R:Ords 2000-10 1 G The City of Temecula has a compelling interest in protecting the public from juveniles committing crimes, increasing the exercise of parental responsibility for the City's children, in reducing the opportunities for juvenile crime, and in improving school attendance. Over the past five years the City of Temecula has experienced a direct correlation between school attendance and daytime juvenile crime. When school attendance increases, daytime juvenile crime decreases. Conversely, a drop in school attendance correlates to an increase in juvenile crime during school hours. H it is, therefore, the intent of the City Council in enacting this Chapter to prohibit any minor under the age of 18, who is subject to compulsory education or compulsory continuation education, subject to specific exceptions related herein, from loitering in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds between the hours of 7:30 a.m. and 2:30 p.m. on days when said student's school is in session, subject to the exceptions and terms of this Chapter. It is further the intent of the City Council to provide appropriate criminal sanctions against any minor or parent or guardian who violates this ordinance by making a violation of this ordinance an infraction. It is the intent of the City Council to allow minors under the age of eighteen (18) to move about freely while padicipating in legitimate activities, and to pursue legitimate activities during the hours of 7:30 a.m. and 2:30 p.m. with the permission of his or her parent, guardian, or other adult person having the lawful care and custody of the minor. "9.16.020 Daylight Loitering Restrictions A It is unlawful for any minor under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education, alone or in concert with others, to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, parking areas, or other public grounds, public places or amusement and eating places, vacant lots or other unsupervised places or any place open to the public, between the hours of 7:30 a.m. and 2:30 p.m. on days when said minor's school is in session. This provision shall also apply to minors whose enrollment status is that of suspension, expulsion, or transfers in progress. B It is unlawful for a parent or guardian of a minor who is subject to the penalties set forth in this Chapter to knowingly permit or allow a minor to be in violation of any of the provisions of this chapter. "9.16.030 Exceptions Neither the minor nor the parents or guardians of the minor shall be liable under Section 9.16.020 if one or more of the following circumstances exist: A The minor is accompanied by his or her parent or legal guardian; B The minor is involved in an emergency; R:Ords 2000-10 2 C The minor is going directly to or coming directly from the minor's ~lace of gainful employment with a valid school work permit; D The minor is going to or from a medical appointment for the m~nor or for the minor's parent or guardian and can show proof of that appointment; E The minor is off campus for lunch and has in his/her possession a valid, school- issued off campus permit; and has conformed to all the conditions and restrictions of the lunch pass; F The minor is directly going to or from a school sponsored event or activity such as a sporting event, field trip, or other such school activity; G The minor is emancipated pursuant to law; H The minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, or any other applicable State or Federal law; The minor is receiving instruction by a qualified tutor pursuant to California Education Code section 48224, or is receiving home or private school instruction pursuant to California Education Code Section 48222. "9.16.040 Enforcement Before taking any enfomement action under this section a police officer shall ask the minors age and reason for being in the public place or other location covered under this section during the hours of 7:30 a.m. and 2:30 p.m. of the same day on days when said minor's school is in session. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under this section is applicable. "9.16.050 Violation Each violation of any of the provisions set forth herein shall constitute a separate offense and shall be classified as an infraction. "9.16.060 Penalties for Minors Any minor violating any of the provisions of this chapter shall be punished as follows: A First-Offense Infraction: The initial violation of this section shall be deemed to be an infraction and upon a sustained finding thereon shall be punished by a fine to be determined by the court not to exceed $100.00 and/or any other penalty provided by Welfare and Institutions Code Section 258. B Second-Offense Infraction: The second violation of this section within the same year shall be deemed to be an infraction and upon a sustained finding thereof shall be punished by a fine to be determined by the court not to exceed $150.00 and/or any other penalty provided by Welfare and Institutions Code Section 258. R:Ords 2000-10 3 C Third-or Subsequent-Offense Infraction: The third or subsequent violation of this section occurring within the same year shall be deemed to be an infraction and upon a sustained finding thereof shall be punished by a fine to be determined by the court not to exceed $250.00 and/or any other penalty provided by Welfare and Institutions Code Section 258. D The court may set aside the penalties set forth herein if the minor produces proof satisfactory to the court that the following has occurred: (1) The minor has had no unexcused absences from school from the date of citation; and (2) The minor has performed twenty (20) hours of court-approved community service during times other than the minor's hours of school attendance; and (3) The minor's parent or guardian has attended a parenting class or a series of parenting classes approved by the court, and (4) "9.16.070 The minor and parent or guardian have artended counseling as directed and approved by the court. Hearing Requirement A minor cited for a violation of this ordinance must attend a court hearing on the violation and must be accompanied at the hearing by his/her parent or guardian. If any such parent or guardian fails to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the court shall continue the hearing and shall issue a citation to said parental or custodial person directing that person to appear at the continued hearing with the minor (pursuant to Welfare and Institutions Code Section 661 .) "9.16.080 Penalties for Parents or Guardians The punishment for each violation of this ordinance shall be as follows: A First-Offense Infraction: The initial violation of this section shall be deemed to be an infraction and upon conviction thereof shall be punished by a fine to be determined by the coud not to exceed $100.00. B Second-Offense Infraction: The second violation of this section occurring within the same year shall be deemed to be an infraction and upon conviction thereof shall be punished by a fine to be determined by the court not to exceed $150.00. C Third-or Subsequent-Offense Infraction: The third or subsequent violation of this section occurring within the same year shall be deemed to be an infraction and upon conviction thereof shall be punished by a fine to be determined by the court not to exceed $250.00. R:Ords 2000-10 4 D The court may set aside the penalties set forth herein if the parent or guardian produces proof satisfactory to the court that the following has occurred: (1) The minor has had no unexcused absences from the school from the date of citation; and (2) The parent or guardian has performed twenty (20) hours of court- approved community service; and (3) The parent or guardian has attended a parenting class or a series of parenting classes approved by the court; and (4) "9.16.090 The minor and parent or guardian have artended counseling as directed and approved by the court. Definitions For the purposes of this Chapter, the following words shall be defined as follows: A. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to the following: a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury, hardship or loss of life. B. Guardian: (a) A person who under court order, is the guardian of the person of a minor; or (b) A public or private agency with whom the minor has been placed by court order; or (c) A person at least (18) years of age exercising care and custody of the minor and having written authorization to do so. C. Minor: Any person between the ages of 6 and 18 years of age. D. Parent: Any person who is a natural parent, adopting parent, or stepparent of a minor. E. Public Place: Any place to which the public or a substantial group of the public has access including, but not limited to, streets, highways, beaches, parks, playgrounds, and common areas of schools, hospitals, apartment houses, office buildings, transport facilities, theaters, game rooms, shops, shopping malls, or any other public place of business. R:Ords 2000-10 5 F. Street: A way or place, of whatever nature, open to the use of the public as a matter of right for the purpose of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term "street" includes the legal right-of-way, including but not limited to the traffic lanes, curbs, sidewalk, whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term "street" applies irrespective of what the legal right-of-way is formally named or called, whether alley, avenue, court, road or otherwise. Section 4. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 5. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 26th day of September, 2000. ATTEST: STAZTt'E OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2000-10 was duly introduced and placed upon its first reading th at a regular meeting of the City Council on the 12 day September, 2000, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 26t" day of September, 2000 by the following vote, to wit: AYES: 5 NOES: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: None COUNCILMEMBERS: None Comerchero, Naggar, Pratt, Roberts and Stone Susan , CMC ierk R:Ords 2000-10 6