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ORD 346 ORDINANCE 346 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RELATING TO LOITERING OF MINORS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds: A. The Rancho Palos Verdes Municipal Code currently prohibits minors from loitering between 10:00 p.m. and daylight ("nighttime curfew") . It also prohibits minors from loitering in or around public places which are not open for business between nightfall and daylight. 8. The ongoing application of the curfew is necessary to reduce juvenile crime and juvenile victimization. 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. C. In Nunez v. City of San Diego, 114 F.3d 935 (9th Cir. 1997) , the United States Court of Appeals for the Ninth Circuit considered an ordinance adopted by the City of San Diego which prohibited minors from loitering between 10: 00 p.m. and sunrise. The court found the ordinance invalid for a number of reasons, including that it did not contain proper exceptions to allow minors to engage in constitutionally protected activities. D. The City's curfews are distinguishable from the curfew ordinance that was held to be invalid by the Nunez court. E. The City Council seeks to add a daytime curfew to reduce truancy and drop-out rates and to further reduce juvenile crime and victimization of juveniles which occurs during the school hours. F. The City Council further seeks to recover the enforcement costs incurred in identifying, detaining, and transporting minors who violate the nighttime curfew to their places of residence. I/ SECTION 2 . Chapter 9. 12 of Title 9 of the Rancho Palos Verdes Municipal Code is hereby amended in its entirety to read as follows: "Chapter 9. 12 CURFEW Sections: 9. 12 .010 Definitions. 9. 12 .020 Nighttime Curfew for Minors. 9. 12.030 Daytime Curfew for Minors. 9.12 .040 General Exemptions. 9. 12.050 Additional Daytime Curfew Exemptions. 9.12 .060 Parental Responsibility. 9. 12 .070 Penalty for violation. 9. 12 .080 Enforcement Procedures. 9. 12 .090 Power of Law Enforcement Officers. 9. 12. 100 Recovery of Costs. 9. 12.010 Definitions. For the purposes of this Chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply: A. "Custodial person" means any parent or legal guardian of the minor, or any person eighteen (18) years of age or older who is authorized by a parent or legal guardian to take care and have custody of the child. B. "Emergency" 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. C. "Establishment" means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. D. "Minor" means a person under the age of eighteen (18) years. I/ ORDINANCE NO. 346 - 2 - E. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops . I/ 9.12 .020 Nighttime Curfew For Minors. Unless the minor meets one or more of the exceptions set forth in Section 9. 12 . 040 of this Chapter, it is a misdemeanor for any minor to be present between the hour of 10: 00 p.m. and the time of sunrise of the following day in or upon any of the following places: (i) any public or private street, road, drive, alley, or trail; (ii) any public or community park, beach or recreation area; (iii) any public ground, place, or building; (iv) any vacant lot or abandoned or vacant building; or (v) any establishment. 9.12 .030 Daytime Curfew For Minors. Unless the minor meets one or more of the exceptions set forth in Sections 9. 12 . 040 or 9. 12 . 050 of this Chapter, it is a misdemeanor for any minor subject to compulsory education or compulsory continuation education to be present between the hours of 8 : 30 a.m. and 1 : 30 p.m. of the same day, on days when the minor' s school is in session, in or upon any of the following places: (i) any public or private street, road, drive, alley, or trail; (ii) any public or community park, beach or recreation area; (iii) any public ground, place, or building; (iv) any vacant lot or abandoned or vacant building; or (v) any establishment. 9.12 .040 General Exemptions. The curfews in Chapter 9. 12 shall not apply if the minor is : A. Accompanied by a custodial person; B. On an errand directed by, and in possession of a written excuse from, a custodial person; C. Engaged in or going directly to or returning directly from a school-approved activity or one that is I/ supervised by school personnel, a medical appointment, a religious activity, or any 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; ORDINANCE NO. 346 - 3 - D. 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 lawful employment activity; E. Engaged in or going directly to or returning I/ directly from any other lawful activity with written p ermission from a custodial person; F. Involved in an emergency or seeking medical assistance; G. Exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution when a minor has in his or her possession written permission from a custodial person to engage in such activity; H. In the right-of-way abutting the minor' s residence, provided there are no complaints regarding the minor' s conduct; I . In a motor vehicle involved in interstate travel; or J. Emancipated pursuant to State law and California Family Code Section 7000, et seq, including but not limited to the following reasons : married or in the military service. 9.12 .050 Additional Daytime Curfew Exemptions. Section 9. 12 . 030, Daytime Curfew, shall not apply where the minor is : A. In possession of a valid, school-issued, off- campus permit giving permission to leave campus; B. Receiving instruction by a qualified tutor pursuant to Education Code Section 48224; C. Otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code; or D. The minor is on an excused absence from school due to any of the circumstances set forth in Section 48205 of the California Education Code, or any other applicable state or federal law. 1/ ORDINANCE NO. 346 - 4 - 9. 12 .060 Parental Responsibility. Every custodial person who allows or permits a minor in his or her custody to violate any provision of Chapter 9. 12 is guilty of a misdemeanor. I/ 9. 12 .070 Penalty for violation. Any person who violates any of the provisions of Chapter 9. 12 shall be guilty of a misdemeanor which is punishable by the general penalty of Subsection 1 . 08 . 010 (A) of the Rancho Palos Verdes Municipal Code; provided, however, a court may order the following instead of a fine: A. Community service: (i) for no more than 10 hours for the first violation; (ii) for no less than 10 hours and no more than 20 hours for the second violation; and (iii) for no less than 20 hours and no more than 50 hours for each additional violation of this Chapter committed within one year after the second violation of this Chapter; or B. Parenting classes . 9.12.080 Enforcement Procedures. A deputy of the Los Angeles County Sheriff' s Department shall ask the age of an apparent offender and his or her reason for being on the premises or property. The deputy shall not issue a citation or make an arrest unless the deputy reasonably believes that an offense has occurred and that none of the exceptions set forth in Rancho Palos Verdes Municipal Code Sections 9. 12 . 040 or 9. 12 . 050 apply. For violations of the nighttime curfew in Section 9. 12 . 020, the Deputy shall transport or detain the minor in accordance with the provisions in Welfare and Institutions Code 3 625. 5. 9. 12 .090 Power of Law Enforcement Officers. Nothing in this Chapter 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 Chapter not been enacted. 9.12 .100 Recovery of Costs. In accordance with Welfare and Institutions Code 3 625. 5, the City Council may adopt a resolution which will allow the City to impose a fee for the actual administrative and transportation costs incurred by the City in returning a minor, who violates the nighttime curfew in Section 9. 12 . 020, to his or her place of residence or to the custodial person in charge of the minor. Pursuant to Welfare & Institutions Code Section 625. 5 (d) , said costs shall not be charged for the first ORDINANCE NO. 346 - 5 violation of Section 9.12.020 by a minor. The minor, the minor's parents, and the minor's legal guardian shall be jointly and severally liable for the cost of providing such services. SECTION 3. If any section, subsection, subdivision, 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. PASSED, APPROVED and ADOPTED this 20th day of April, 1999. VI ,ma sr ATTEST: 414 I Aft, _AL s Ci y Clerk State of California County of Los Angeles ) SS City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City of Rancho Palos Verdes is five; that the foregoing Ordinance No. 346, passed first reading on April 6, 1999, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on April 20, 1999, and that the same was passed and adopted by the following roll call vote: AYES: Byrd, Lyon, McTaggart, and Mayor Hollingsworth NOES: None ABSENT: Ferraro ABSTAIN None )01" City Clef -6- ORDINANCE NO. 346 ORDINANCE/RESOLUTION ORD. 346 FILE:301 X 1206 X 1401 SUBJECT: RELATING TO LOITERING OF MINORS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. INTRODUCED:4/6/99 ADOPTED:4/20/99 POSTED/PUBLISHED:4/26/99 ORDINANCE AND RESOLUTION DISTRIBUTION: CITY ATTORNEY PUBLIC WORKS DEPT. RICHARDS, WATSON & GERSHON PLAN. BLDG. & CODE ENFORCEMENT 333 SOUTH HOPE ST. , 38TH FLOOR RECREATION & PARKS DEPT. LOS ANGELES, CA 90071 CITY MANAGER DEPT. FINANCE DEPT. 6. -00K PUBLISHING COMPANY HOMEOWNERS ASSOCIATION #2Z1/Q9 201 WESTLAKE AVE. NORTH APPLICANT SEATTLE, WA 98109 SCHOOL DISTRICT REGISTRAR SOUTH BAY MUNICIPAL COURT 12400 E. IMPERIAL HIGHWAY 825 SOUTH MAPLE AVE. NORWALK, CA 90651-1024 TORRANCE, CA 90503 ATTN: ELECTIONS ADM. ATTN: EXECUTIVE OFFICES (STREET VACATIONS/EASEMENTS/ LEAGUE OF CALIFORNIA CITIES ABANDONMENTS/ NAME CHANGES/ 702 HILTON CENTER DEDICATIONS/TRAILS) LOS ANGELES, CA 90017 L.A. COUNTY REGISTRAR-RECORDER L.A.COUNTY DEPT.OF PUBLIC 12400 E. IMPERIAL HIGHWAY PUBLIC ROADS NORWALK, CA 90651-1024 ATTN: CITY SERVICES P.O. BOX 1460 L.A. COUNTY ASSESSOR ALHAMBRA, CA 91802-1460 500 WEST TEMPLE STREET / LOS ANGELES, CA 90012 Y STATION COMMANDER CI- 44" (OWNERSHIP, EXEMPTION & MAPPING DIV. ) II1LOMITA,16123 NARBONNE AVENUE CA 90717 SO. CALIFORNIA GAS COMPANY 2929 182ND STREET COX CABLE REDONDO BEACH, CA 90278-3922 43 PENINSULA ATTN: M. LOW ROLLING HILLS EST. , CA 90274 SO. CALIFORNIA EDISON COMPANY INSTITUTE OF GOVERNMENTAL P.O. BOX 2944 q/72/ STUDIES TORRANCE, CA 90509 LIBRARY, 109 MOSES HALL UNIVERSITY OF CALIFORNIA CALIFORNIA WATER SERVICE CO. BERKELEY, CA 94720 5837 CREST ROAD WEST OSTED AT THE FOLLOWING: ` '='`/9/ RANCHO Pros VERDES, CA 90275 HESSE PARK, RYAN PARK, LADERA LINDA PARK, GENERAL TELEPHONE COMPANY U . S . POST OFFICE, FIRE STATION, CITY HALL 22715 HAWTHORNE BLVD. / Janet Slick e�"�`''0"�" TORRANCE, CA 90505 Referee, Juvenile Court y/2-744 Q 3221 Torrance Blvd, PACIFIC TELEPHONE COMPANY Torrance, CA 90503 19310 GATEWAY DRIVE, RM. 208 S U�- � LQ� • TORRANCE, CA 90502 ✓ F\I � Cty\z44-L- N: \CITYCLERK\FORMS\CNTRLSHT.CC - e 1i�� �° L ��P�(U'�' REVISED 6/98 V/ J3 '� V , 7y, ooar: