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HomeMy WebLinkAboutOrdinance 382 CERTIFICATION I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct original of Ordinance No. 382 adopted by the Atascadero City Council at a regular meeting thereof held on May 8, 2001, and that it has been duly published pursuant to State Law. DATED: —2 Z c) Marcia McClure Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 382 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 5-6 OF THE MUNICIPAL CODE PERTAINING TO NIGHTTIME CURFEW WHEREAS, the City Council finds that a juvenile curfew ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children and minors' inability to make critical decisions in an informed and mature manner. The City recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its minors specifically during nighttime hours; and WHEREAS, the City Council has received evidence from the Police Department showing that in Atascadero there exists a problem in which children under the age of 18 years, when present in public places between the hours of 11:00 p.m. and 5:00 a.m., sometimes become involved in or become the victims of unsafe or illegal activities such as assaults and batteries, vandalism, drug and alcohol use, theft offenses, disturbing the peace and vehicular violations; and WHEREAS, the evidence indicates that from January 1, 2000 through December 31, 2000,juveniles were involved as offenders or victims of 107 of the offenses listed above during the hours between 11:00 p.m. and 5:00 a.m., even though relatively few juveniles are in public places during these hours; and WHEREAS, based on this evidence, the City Council finds that unsupervised children under the age of 18 years who remain in public streets, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops or any other place open to the public during the hours 11:00 p.m. to 5:00 a.m. are particularly vulnerable to becoming involved in unsafe or illegal activities, and to becoming the victims of juvenile and adult perpetrators of crime; and WHEREAS, the City Council is mindful of the importance of parental control in child rearing, and finds that adoption of a curfew ordinance for minors during the hours of 11:00 p.m. and 5:00 a.m. would, with exceptions that allow parents and guardians to direct activities of their children during these hours, compliment this role. NOW, THEREFORE, the City Council of the City of Atascadero does ordain that Chapter 5-6 of the Atascadero Municipal Code amended to read as follows: SECTION 1. NIGHTTIME CURFEW 5-6.01 Definitions. A. The following definitions are applicable to this ordinance: 1. Curfew hours means the period from 11:00 p.m. any night until 5:00 a.m. the following morning. City of Atascadero Ordinance No.382 Page 2 2. Emergency means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life. 3. Establishment means any privately owned place of business operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment. 4. Guardian means (a) a person who, under court order, is the guardian of the minor; or(b) a public or private agency with whom a minor has been placed by a court. 5. Minor means any person under eighteen (18) years of age. 6. Operator means any individual, firm, association,partnership or corporation operating, managing or conducting any establishment. 7. Parent means a person who is a natural parent, adoptive parent or stepparent of a minor. 8. Responsible adult means a person at least eighteen(18) years of age and authorized by a parent or guardian to have the care and custody of a minor. 9. Public place means any place the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, common areas of schools, hospitals, apartment houses, office buildings,transport facilities and shops. 10. Remain means to (a) linger, stay or be present; or (b) fail to leave the premises when requested to do so by a peace officer,the owner, operator or other person in control of the premises. 5-6.02 Offenses A. It is unlawful for: 1. Any minor to remain in any public place or on the premises of any establishment within the City during curfew hours; or 2. Any parent or guardian of a minor, by insufficient control, allow the minor to remain in any public place or on the premises of any establishment within the City during curfew hours; or 3. Any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours. City of Atascadero Ordinance No.382 Page 3 5-6.03 Defenses A. It is a defense to prosecution of the above offenses that the minor was: 1. accompanied by the minor's parent or guardian or by a responsible adult; 2. engaged in activity sanctioned by the minors' parent or guardian or responsible adult or on an errand at the direction of the minor's parent or guardian or responsible adult, without detour or delay; 3. in a motor vehicle involved in intrastate or interstate travel; 4. engaged in employment, or going to or returning home from employment, without detour or delay; 5. involved in an emergency; 6. on the sidewalk adjacent to the minor's residence,providing the minor is not otherwise violating the law; 7. attending an official school, religious or other adult supervised recreational activity sponsored by the city, a civic organization or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay; 8. exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; 9. emancipated pursuant to law. B. It is a defense to prosecution under the offense in Section 5-6.02.A.3 that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. 5-6.04 Penalties Any person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Any person who violates the offenses described in this chapter shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure. SECTION 2. If any section, subsection, sentence, clause, phrase or portion of the Ordinance 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 remaining portions of the City of Atascadero Ordinance No.382 Page 4 Ordinance. The City Council of the City of Atascadero hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one of more sections, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional SECTION 3. Effective Date A summary of the ordinance, approved by the City Attorney, shall be published at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in Atascadero. A summary of the ordinance, approved by the City Attorney, together with ayes and noes, shall be published before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in Atascadero. A copy of the full text of this ordinance shall be on file in the city Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. This ordinance shall take affect and be in full force and affect thirty(30) days after its final passage. Adopted at a regular meeting of the City Council held this 8th day of May, 2001 and PASSED AND ADOPTED by the following roll call vote: AYES: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide NOES: None ABSENT: None ABSTAINED:None Michael Arrambide, Mayor Attest: Marcia McClure Torgerson, City Cle Approved as to form: k[C- ��" Roy V Hanley, City A orney