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Home My WebLink AboutCC ORD 1997-2136 Amends Ord. 92-2026 and § 10.60.010, curfew (10.60)ORDINANCE NO. 9 7 - 213 6 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 92-2026 AND SECTION 10.60.010 OF THE NATIONAL CITY MUNICIPAL CODE TO PROVIDE FOR CURFEW RESTRICTIONS WHEREAS, the City of National City, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, the City of National City has determined that the incidents of juvenile gang activity, juvenile violence and the commission of crimes in which juveniles are involved is magnified in both seriousness and volume during late -night hours; and WHEREAS, it is the conviction of the City Council that the exercise of parental authority is the most effective means of preventing the commission of crimes by juveniles; provided, however, in the absence of adequate parental supervision, or to more forcefully support the exercise of parental supervision, the City of National City has the duty to enact measures for the protection of minors and the general public; and WHEREAS, in the performance of such duty, the City of National City has, in the past, enacted and historically enforced a late -night curfew applicable to minors; and WHEREAS, on June 9, 1997, the United States Court of Appeals for the Ninth Circuit ruled that a juvenile curfew ordinance, substantially similar to that enacted by the City of National City, was unconstitutional; and WHEREAS, unless urgent action is taken by the City Council, the City of National City will be without a properly enforceable juvenile curfew measure; and WHEREAS, the City Council has determined that it would be highly detrimental to the welfare of the community to be without the protection of a juvenile curfew and that it is necessary to enact a Constitutionally enforceable juvenile curfew, as an urgency ordinance to become effective immediately, for the protection and preservation of the public health, safety and welfare; and WHEREAS, it is the determination of the City Council that the measure set forth herein, corrects the Constitutional defects of the pre-existing ordinance by clearly proscribing the late -night presence of a minor in certain defined public places while, at the same time, recognizing and preserving the Constitutional rights of minors and their parents. Ordinance No. 9 7 -213 6 Page Two NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 92-2026 and Section 10.60.010 of the National City Municipal Code are hereby amended to read as follows: SEC. 10.60.010 CURFEW RESTRICTIONS A. Definitions For purposes of Section 10.60.010: "Curfew hours" means the period from 10:00 p.m. any evening of the week until 5:00 a.m. the following day. "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life. "Guardian" means (1) a person who, under court order or agency placement, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court. "Minor" means any person under eighteen (18) years of age. "Parent" means a person who is a natural parent, adoptive parent, foster parent, or step-parent of another person. "Public Place" means any place to which any member of the public has access, including, but not limited to, any public right of way, public grounds, parks, dedicated open or trail space, or any privately owned land that is unsupervised and is open and generally available to the public, including, but not limited, to vacant lots, the parking lots and the common areas of schools, hospitals, apartment houses, office buildings, housing complexes, shopping centers, and malls. "Remain" means to (1) linger or stay; or (2) fail to immediately leave premises when requested to do so by a police officer or other person in control of the premises. "Responsible adult" means a person at least eighteen (18) years of age, authorized by a parent or guardian to have the temporary care and custody of a minor. Ordinance No. .9 7 -213 6 Page Three "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. B. Except as provided in Section 10.60.O10D, it is unlawful for any minor to be present in or remain in any public place within the City of National City during curfew hours. C. Except as provided in Section 10.60.O10D, it is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in or remain in any public place within the City during curfew hours. minor was: D. It is a defense to prosecution under Section 10.60.010 (B) or (C) that the (1) accompanied by the minor's parent or guardian, or by a responsible adult; (2) on an errand at the direction of the minor's parent or guardian, or the responsible adult, without any detour or stop; (3) in a motor vehicle involved in interstate travel; (4) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (5) involved in an emergency; (6) attending an official school, religious, or recreational activity supervised by one or more responsible adults or a public agency, civic organization or another similar entity that takes responsibility for the minor, or is going to or is returning home from, without any detour or stop, an official school, religious, or recreational activity that was supervised by one or more responsible adults or a public agency, civic organization or another similar entity that assumed responsibility for the minor; (7) exercising First Amendment "expressive activity" rights protected by the United States Constitution; or (8) emancipated pursuant to law. SECTION 2. This is an urgency ordinance adopted pursuant to Government Code §36937. This ordinance must take effect immediately to ensure the immediate preservation of the public peace, safety and welfare in the City of National City. Ordinance No. 9 7 -213 6 Page Four adoption. SECTION 3. This urgency Ordinance shall take effect immediately upon SECTION 4. This Ordinance shall be codified. SECTION 5. The City Clerk, shall certify to the passage of this Ordinance and cause the same to be published in accordance with the provisions of State law in a newspaper of general circulation, printed and published in San Diego County and circulated in the City of National City. PASSED and ADOPTED this 15th day of July, 1997. George Ir Waters, Mayor ATTEST: /r Mi ael R. Dalla ity Clerk APPROVED AS TO FORM: /41 ") George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on July 15, 1997, by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the Ci]y of Natlopal City, California City Clerk of the Citfof National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on July 15, 1997, under the provisions of Section 65858 of the California Government Code. I FURTHER CERTIFY THAT said the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 97-2136 of the City Council of the City of National City, passed and adopted by the Council of said City on July 15, 1997. City Clerk of the City of National City, California By: Deputy