HomeMy WebLinkAboutAgenda Report - October 6, 1993 (100)1�
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COUNCIL COMMUNICATION
AGENDA TITLE: City Council Consideration of an Ordinance Prohibiting
Loitering by Minors During Certain Hours
MEETING DATE: October 6, 1993
PREPARED BY: City Attorney
RECOMMENDED ACTION: City Council consideration and possible introduction of
attached ordinance.
BACKGROUND: The attached curfew ordinance has been prepared at the
direction of the City Council. As drafted, it is intended
to narrowly address loitering by minors in designated
locations between the hours of 11:00 p.m. and 5:00 a.m., and
establishes criminal penalties for parents or guardians who
knowingly allow minors to violate the ordinance.
It should be stressed that the ordinance is drafted so narrowly because curfew
and loitering ordinances are frequently overturned due to language which is
overly broad and could be applied to otherwise constitutionally protected
activities. A number of city ordinances addressing curfews and loitering have
been invalidated on these grounds (e.g., Alves v. Justice Court 306 P.2d 601
(Chico's curfew ordinance); Ames v. City of Hermosa Beach 93 Cal.Rptr. 7b6].
These cases make it clear a curfew ordinance which simply prohibits the mere
presence of minors on public streets during certain hours without exception is
probably unconstitutional (In re C. 105 Ca1.Rptr.113). Using these cases as
guidelines, the present draft was prepared.
As written, the "mere presence" of a minor in a public place after hours is not a
violation. The violation requires a specific intent to "loiter" as defined by
reference to other California law, and the ordinance contains guidelines and
exacples of prohibited conduct, as well as exceptions and exemptions.
Admittedly, this ordinance is somewhat longer than other curfew ordinances found,
and an attempt was made to make it more explicit, thereby avoiding challenge.
For example, a minor just "hanging around" a park between 11:00 p.m. and 5:00
a.m., where drug dealing or gang activity is common, would be a violation.
However, just passing by that same park on the way directly home from a movie or
school dance would not. Congregating publicly with others displaying gang
related paraphernalia during the specified times would create a presw-.ption of
violation, as would "cruising", that is, being observed by police to be in a car
passing by the same point more than twice between 11:00 p.m. and 5:00 a.m.
without legitimate business. The presumptions of violation can be overcome by
the minor showing a legitimate reason to be where he or she is found.
APPROVED. �a
THOWAS A. PETERSON recycled caper
Ctty Manager I
CURFU2 /TX'i A . 01 V CC'1
Agenda Title:
Meeting Date:
Page Two
City ncil Consideration of an Ordir _e Prohibiting
Loitering by Minors During Certain Hours
October 6, 1993
Certain exemptions are also included to avoid constitutional problems. For
} example, if it can be shown that the minor is on a leg -timate errand for parents,
or dealing with an emergency, there would be no violation. ."heaters and other
places of supervised amusement are not defined as *public places• under the
ordinance and school -sponsored events are excepted. On the other hand, minors
found just idling in shopping center parking lots would be in violation if there
were no legitimate reason for them to be there.
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While this ordinance will not prohibit all juveniles from using the streets from
11:00 p.m. to 5:00 a.m., it should address :_he ones who cause the majority of
enforcement problems. It should also give police a tool to better control street.
gangs and those juveniles with a propensity to cause trouble.
FUNDING: Does not apply.
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Respectfully submitted,
Jmadl==
Bob McNatt
City Attorney
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CURFU2/TXTA.01V
ORDINANCE NO. 1588
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IODI
ADDING A NEW CHAPTER 9.10 TO THE LODI MUNICIPAL CODE RELATING TO THE
PROHIBITION OF LOITERING BY MINORS DURING CERTAIN HOURS
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Chapter 9.10, Loitering by Minors Prohibited During Certain
Hours, is hereby added to the Lodi Municipal Code to read as follows:
Chapter 9.10
Loitering by Minors Prohibited During Certain Hours
9.10.010. Findings.
The City Council hereby finds and declares that the problems
associated with minors loitering on City streets and in other public
places between the hours of 11:00 p.m. and 5:00 a.m. is an increasing
problem, creating a danger to both the public and to the minors by
allowing such minors to be in contact with or have the opportunity for
participation in street gangs, illegal drugs, and other unlawful
activity while not under direct parental supervision. The City Council
further finds and declares that the problems associated with such
juvenile loitering impair the use and enjoyment of public and private
property by law abiding citizens, create enforcement problems for
police, and generally make the City a less desirable place to live. it
is therefore necessary for the City Council to protect both the members
of the public and the minors who are at risk by regulating certain
conduct by minors while in designated public places. It is not the
intention of the City Council to place restrictions upon minors while
in such public places which involve legal and constitutionally
protected activities.
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IN
9.10.020. 1,0 na by Minors Prohibited Durin_
It shall be unlawful for a minor, as defined herein, to loiter in
any public place within the City between the hours of 11:00 p.m. and
5:00 a.m. of the following day, subject to the definitions and
exceptions contained in this Chapter.
9.10.030. Responsibility of Parents or Guardians.
It shall be unlawful and a misdemeanor for any parent or guardian
having the legal care or custody of a minor to knowingly allow or
permit such minor to violate the provisions of this Chapter.
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9.10.040. Definitions.
For purposes of this Chapter, the following definitions shall
apply:
1. "Loiter" shall mezn the lingering for the specific purpose of
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committing a crime or crimes as the opportunity may be discovered.
2. 'Public place• scall mean any street, sidewalk, alley, park,
outdoor recreation facility, or other similar publicly -owned property
generally open to the public, and shall also include privately -owned
property customarily open to the public, including but not limited to
restaurants, malls, and parkirg lots, but shall not include theaters,
arcades or similar places of supervised amusement.
3. "Emergency" shall mean an unforeseen situation involving the
health, safety, or welfare of the minor, of the minor's employer, or a
member of the minor's immediate family, and which requires the minor to
be present in a public place between the hours of 11:00 p.m. and 5:00
a.m. of the following day.
4. "Minor" shall mean a person under the age of eighteen years.
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9.10.050. x ions/Exceptions.
This Chapter shall not apply under the following circumstances to
minors:
1. Emancipated pursuant to the provisions of California Civil
Code Section 64 et seq. or similar statutes of another State.
2. Accompanied by a parent, guardian or other adult having legal
care or custody of said minor.
3. Upon a specific, legitimate errand at the direction of a
parent or guardian having the care or custody of a minor, while such
minor is actually and directly carrying out such errand.
4. Going directly to or coming directly from a place of public
amusement, school function, or place of employment, with the knowledge
and consent of the minor's parent or guardian.
S. Present in a public place because of an emergency, as defined
herein, while actually dealing with or responding to such emergency.
9.10.060. Circumstances Manifesting Intent to Loiter.
Circumstances or factors which may create a presumption of
violation of this Chapter as it applies to determining intent to
loiter, include but are not limited to the following:
1. The minor's presence in a public place known by police as a
location in which illegal drug-related activity occurs or has occurred;
2- The minor's presence in a public place known by police as a
location in which street gang members customarily congregate;
3. The minor's presence in a public place, without a legitimate
reason, after such minor has been found in such public place,
admonished or advised of this ordinance by a police officer and given
the opportunity to leave such public place(s). The presumption created
by this paragraph shall be valid only if the advisement or admonishment
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occurs duringf "ane same 11:00 P.M. to 5:00 a.m° eriod specified above,
as any alleged violation;
4. The minor's presence in a public place with or in a group
wherein two or more persons are wearing or displaying street gang
paraphernalia. For purposes of this Chapter, *gang paraphernalia"
shall include distinctively -colored, styled or marked clothing, hats,
bandannas, emblems, or symbols intended by the wearer to identify that
person as a member of or associated with a known street gang;
5. The minor's presence in a vehicle which has been observed by
police to drive past one specific location in the City more than twice
during any single period of time between 11:00 p.m. and 5:00 a.m. of
the following day. The presumption created by this paragraph shall be
valid only if the observation by police occurs during the same 11:00
p.m. to 5:00 a.m. period specified above as any alleged violation.
4.10.070. Severability.
If any section, subsection, sentence, clause or phrase of this
Chapter is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of
this Chapter. The City Council declares that it would have passed this
Chapter, and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more sections,
subsection.+, sentences, clauses or phrases had been declared invalid or
unconstituti�,.u;,_, and if for any reason this Chapter should be declared
invalid or ;:nconstitutional, then the original ordinances shall be in
full force a.d effect.
SECTION 2. All ;)rdinances and parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
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SECTION 3. flak's ordinance shall be publish 'one time in the "Lodi
News Sentinel•, a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Approved this day of
PHILLIP A. PENNINO
Mayor
Attest:
JENNIFER M- PERRIN
City Clerk
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State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby
certify that ordinance No. 1588 was introduced at a regular meeting of
the City Council of the City of Lodi held October 6, 1993 and was
thereafter passed, adopted and ordered to print at a regular meeting of
said Council held 1993 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1588 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
BOBBY W. McNATT
City Attorney
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JENNIFER M. PERRIN
City Clerk