HomeMy WebLinkAbout05/17/2011, C3 - FINAL ADOPTION OF CURFEW ORDINANCE council °,°°p
May 17,201 I
acEnoA Report ImmN..bc &3
CITY OF SAN LU I S O B I S P O
FROM: Deborah Linden,Chief of Police DL,
SUBJECT: FINAL ADOPTION OF CURFEW ORDINANCE
RECOMMENDATION
Adopt Ordinance No. 1562 (2011 Series) adding Chapter 9.50 to the San Luis Obispo Municipal
Code adding a nighttime curfew for minors.
DISCUSSION
On May 3, 2011, the City Council received a presentation by staff proposing to add Chapter 9.50
to the San Luis Obispo Municipal Code creating a new nighttime curfew for minors under the
age of 18. The Council voted 3-2 to introduce Ordinance No. 1562 (2011 Series) adding Chapter
9.50 to the San Luis Obispo Municipal Code, with a minor amendment to section 9.50.010 that
extended the curfew hours to midnight on weekend nights. Pursuant to Council direction, the
new curfew hours are as follows:
1. The period from 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or
Thursday until 5:00 a.m. the following day; and
2. The period from 12:01 a.m. until 5:00 a.m. on any Saturday or Sunday.
Ordinance No. 1562 (2011 Series) is now ready for adoption and will become effective thirty
days after the date of its final passage.
ATTACHMENTS
Ordinance No. 1562 (2011 Series)
T:\Council Agenda Reports\Police CAR\201 RNighttime Curfew Ordinance\Nighttime Curfew Final Adoption 5-17-
1 l.DOC
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Ordinance No. 1562 (2011 series) ATTACHMENT
Page 1 of 3
ORDINANCE NO. 1562 (2011 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADDING
CHAPTER 9.50 OF THE SAN LUIS OBISPO MUNICIPAL CODE ADDING A
CURFEW FOR MINORS
WHEREAS, the Council of the City of San Luis Obispo met in the Council Chamber of
City Hall, 990 Palm Street, San Luis Obispo, California, on,-May 3, 2011, for the purpose of
considering changes proposed to the Municipal Code; and
WHEREAS, the Council finds that minors engaging in criminal conduct or activities that
are likely to result in criminal conduct create a public health and safety risk; and
WHEREAS, access by minors to alcohol and drugs in our community is of particular
concern, especially on weekend nights; and
WHEREAS, many communities, including the other cities in San Luis County and
surrounding counties, have nighttime curfews for minors in order to deter criminal and
delinquent behavior by unsupervised minors late at night; and
WHEREAS, a nighttime curfew ordinance for minors would provide parents with a tool
to reinforce their home curfew rules and provide law enforcement with the legal ability to detain
minors and return them home before they are caught engaging in criminal behavior.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. New Chapter 9.50 (Curfew) of Title 9 (Public Peace, Morals and Welfare)
of the San Luis Obispo Municipal Code is hereby adopted to read as follows:
Chapter 9.50
CURFEW
Sections:
9.50.010 Definitions
9.50.020 Curfew Regulations
9.50.030 Penalties for Violations
9.50.010 Definitions
All defined terms in this Chapter appear in italics. For purposes of this Chapter,the
following definitions apply:
A. Curfew Hours means: (1)The period from 11:00 p.m. on any Sunday, Monday,Tuesday,
Wednesday or Thursday until 5:00 am. the following day; and(2) The period from 12:01 am.
until 5:00 a.m. on any Saturday or Sunday.
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, a fire, natural disaster, an
automobile accident or any situation requiring immediate action to prevent serious bodily injury,
loss of life or major damage to real property. "Serious bodily injury"means bodily injury that
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Ordinance No. 1562 (2011 Series) ATTACHMENT
Page 2 of 3
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.
C. Establishment means any privately-owned place of business to which the public is
invited, including but not limited to any place of amusement or entertainment.
D. Guardian means(1)a person who,under court order, is the guardian of a minor; or
(2)a public or private agency with whom a minor has been placed by the court.
E. Minor means any person under eighteen(18) years of age.
G. Parent means a person who is a natural parent,adoptive parent,or step-parent of
another person.
H. Private Place means any place that is neither a Public Place nor Establishment.
I. Public place means anyplace to which the public or a substantial group of the public has
access and includes, but is not limited to, streets, highways,parks, and the common areas of
schools,hospitals, local transportation facilities and shops.
J. Responsible Adult means a person at least eighteen(18)years of age, authorized by a
parent or guardian to have the care and custody of a minor,and not engaged in any unlawful
activity.
950.020 Curfew Regulations
A. It is unlawful for any minor to be present in any public place or on the premises of any
establishment within the City of San Luis Obispo during curfew hours.
B. 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 any public place or on the premises of
any establishment within the City of San Luis Obispo during curfew hours..
C. It is a defense to prosecution under section 9.50.020A or B that the minor was:
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 from an employment
activity to a private place without any detour or stop;
5. involved in an emergency;
6. on the sidewalk abutting the minor's residence;
7. attending an official school, religious,or other recreational activity supervised by
adults and sponsored by the City of San Luis Obispo, a civic organization, or another
similar entity that takes responsibility for the minor, or going to or returning from an
official school,religious, or other recreational activity supervised by adults and
sponsored by the City of San Luis Obispo, a civic organization,or another similar entity
that takes responsibility for the minor to or from a private place without any detour or
stop;
8. exercising First Amendment rights protected by the United States Constitution, or
going to or returning from the exercising of those First Amendment rights to or from a
private place without any detour or stop;
9. travelling from an activity listed in section 9.50.020C to another activity listed in
section 9.50.020C, without any detour or stop;
10. emancipated pursuant to law;
11.going to or returning from any private place, without detour or stop.
D. Before taking any enforcement action under this section, a police officer shall ask the
apparent offender's age and reason for being in the public place or on the premises of the
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Ordinance No. 1562 (2011 Series)
ATTACHMENT
Page 3 of 3
establishment during curfew hours. The police 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 section 9.50.020(c)is present
or applicable.
E. Each violation of this section shall constitute a separate offense.
950.030 Penalties for Violations
A Any minor violating section 9.50.020A is guilty of an infraction punishable by(1)a fine
not to exceed one hundred dollars and/or ten hours of community service for the first violation;
(2)a fine not to exceed two hundred dollars and/or twenty hours of community service for the
second violation; (3)a fine not to exceed two hundred fifty dollars and/or twenty-five hours of
community service for the third or subsequent violation of this section. Community service shall
be served during a time other than the minor's hours of school attendance or employment.
B. Notwithstanding any other provision of this Code,when a minor is charged with a
violation of this article, and a police officer issues a notice to appear,the charge shall be deemed
an infraction unless another disposition is elected under Welfare and Institutions Code Sections
601 or 602 or other applicable state laws.
C. Any parent or guardian violating.section 9.50.020B is guilty of an infraction punishable
by(1)a fine not to exceed one hundred dollars and/or ten hours of community service for the
first violation; (2)a fine not to exceed two hundred fifty dollars and/or twenty-five hours of
community service for the second violation; (3) a fine not to exceed five hundred dollars and/or
fifty hours of community service for the third or subsequent violation of this section.
INTRODUCED on the 3rd day of May 2011 AND FINALLY ADOPTED by the Council of
the City of San Luis Obispo on the day of 2011, on the following
vote:
AYES:
NOES:
ABSENT:
Mayor Jan Marx
ATTEST:
Elaina Cano
City Clerk
APP VED AS TO FORM:
Christine Dietrick
City Attomey
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RED FILE
From: Will Jones [mailto:Wjones@slcusd.org] MEETING AGENDA
Sent: Monday, May 16, 2011 2:40 PM DATER 14TEM
To: Linden, Deborah; Lichtig, Katie
Subject: Curfew Ordinance
Based on my experience as a parent and as a high school administrator,
I support the proposed ordinance. Here are just a few reasons why:
1. It provides additional support for parents who are raising
teenagers.
2. It is an argument for teenagers to use who find themselves under
pressure from peers to stay out late.
3. It provides law enforcement with additional leverage when
interacting with teens.
4. It provides another measure of safety for teens.
5. It reinforces what all adults know to be true about teen life: not
much good happens after 11 PM during the week or after midnight on the
weekends.
While I support the ordinance, I would also like to recommend an
approach that honors the spirit of the law rather than universally
enforces the letter of the law. There are times when high school
students have a legitimate reason for being out after the curfew; e.g. ,
while in transit from a school activity, after a movie, etc. If
reasonable discourse leads to enacting the ordinance, then reasonable
action should be used in enforcing it.. Reasonable action preserves.
civil liberties and individual freedoms, a loss of which is a concern
of those who oppose the ordinance.
Please forward my thoughts to the entire city council.
Sincerely,
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From: Luca Difronzo[SMTP:LDIFRONZO@GMAIL.COM]
Sent: Thursday, May 12, 20119:06:35 PM
To: Council, S1oCity
Subject: Curfew
Auto forwarded by a Rule
Hello,
I am a concerned citizen regarding your motion to impose an eleven o'clock curfew for
minors in San Luis Obispo. I think this idea is a poor one and I personally guarantee I
will do all in my power to make sure those of you who voted this into law no longer have
a job, if necessary. Curfew should be up to parents, not the.government.
Thank you.
From: nnatesters@gmail.com[SMTP:NNATESTERS@GMAIL.COM]
Sent: Thursday, May 12, 20119:21:37 PM
To: Council, S1oCity
Subject: Proposed Curfew for Minors
Auto forwarded by a Rule
Hi
My name is Nathan Sistek. I would like to voice my opposition to the proposed curfew
for minors within the city.
The proposed city-wide curfew is meant to keep minors off the streets before they do
something illegal. This premise goes against the very definition of law enforcement,
which is to step in when a crime is committed.
Now this curfew could be considered necessary and appropriate if the city actually had an
increase in minor-related crimes. But it doesn't. The city does not have a problem with
minor-related crimes. So how the curfew appropriate? As the saying goes, "if ain't broke,
don't fix it".
For further support, I urge you to read the Tribune's discussion on this
issue: http://www.sanluisobispo.com/2011/05/07/1592780/editorial-no-apparent-need-
exists.html
So please, I strongly urge you to vote "no" on Tuesday. The curfew is unnecessary,
unreasonable, and would be damaging to our city.
Thank you,
A concerned citizen.
From: sigalajoe@gmail.com[SMTP:SIGALAJOE@GMAIL.COM]
Sent.: Thursday, May 12, 2011 10:28:03 PM
To: Council, S1oCity
Subject.: Slo Curfew
Auto forwarded by a Rule
I think that the SLO curfew is not needed. Slo hasn't had a curfew for
the past yrs and teens have been going out, so what makes you think
their suddenly going to stop going out just because of the new
"curfew" . It won't stop any of us. The police officers don't got
anything better to do than look for people under 18 out and about? They
should be paying more attention to more serious things. The teens who
do, vandalise and cause crimes at night, the curfew isn't going to stop
them either way?. So what's the point? The Graduate runs till almost
midnight and teens who live in the area of The Graduate usually walk
home. So they will be cited for walking home past curfew? I just think
this whole SLO curfew thing is silly, its not needed.
From:John D. Grady, CFP [mailto:jgradyslo@earthlink.net] RED FILE
Sent: Thursday, May 12, 20114:05 PM
To: Council—ALL — MEETING AGENDA
Subject: Proposed curfew for minors DAT S/ ITEM it /��� -
Dear Mayor Marx and Council Members:
I strongly urge•you to defeat the proposed curfew ordinance that will come before you
again on Tuesday, May 17, 2011. 1 echo 100%the well stated thoughts and
sentiments of Rachel Kovesdi whose letter to you I just read online.
The Tribune's editorial (May 8, 2011).stated in 2010 our city had 20 minors arrested
between 11 PM and 5 AM. The year before there were 23 such arrests in this time
frame. We hardly have an epidemic of minors acting unlawfully after 11 PM. And this is
precisely the point: if a minor (or anyone) does break the law regardless of the hour-
day or night-the police already have authority and cause to detain or arrest them.
I imagine if you looked at the number of arrests of minors during the non-curfew hours
of between 5 AM and 11 PM that the number of arrests would be far higher. Why not
then impose a curfew during those hours instead if you are trying to reduce juvenile
crime? A silly notion? Well, Chula Vista (and perhaps other cities as well) actually has a
daytime curfew for minors! Where will you draw the line with banning law abiding
minors from frequenting public places?
As a matter of fact, federal crime statistics indicate that most juvenile crimes occur
between 2 PM to 6 PM, a time when the youth are out of school and more likely
unsupervised by parents or guardians. Perhaps this time period should also be included
in your curfew? And what about the summertime (and other vacation periods)
when school isnot in session? If midnight is your curfew time on Fridays and Saturdays,
due to no school the next day,then midnight should prevail in the summertime and
during other school vacation times as well. This ordinance is 'ill conceived and
inconsistent.
This proposed curfew for our youth is an affront to the civil liberties of both minors and
adults alike, as well as an affront to parents whose role it is to discipline and
monitor their children. It is ill advised and draconian in its fines. It purports to punish
minors for doing nothing wrong, only being seen in a public place such as a movie
theater, playhouse, or coffee shop after an arbitrary hour. It does nothing to foster
responsible behavior by our youth nor by their parents. Please reject this measure on
Tuesday!
Thank you. hard w : eman.
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RED FILE
From: Robert Lyon[SMTP:BOB@STUDIOSBLACKBIRD.COM] MEETING AGENDA
Sent: Tuesday, May 10, 2011 6:59:43 PM VATEb r 1 ITEM #
To: Council, S1oCity
Subject: Curfew Ordinance
Auto forwarded by a Rule
To the San Luis Obispo City Council: Please reconsider your approval
of the curfew that restricts minors from being out of their homes
after 11 pm and 5 am Sunday through Thursday and midnight to 5 am
Friday and Saturday. While I do not believe that most minors have any
business being out and about during those hours, there can be no
excuse for law enforcement being able to walk into a business where a
minor may be present and possibly cite them for violating the curfew.
I also do not think that there should be a mandatory fine for a first
offense of either a hundred dollars, ten hours of community service or
BOTH. Please either change the ordinance as written of dismiss it
outright, thank you. Bob Lyon, 38 year resident of San Luis Obispo.
hard ca email:
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From: Rachel KOVesdi(SMTP:RKKOVESDI@AOL.COM] 0AWCd 0FMECHMP
Sent: Tuesday, May 10, 2011 9:46:22 PM a ATTORNEY OFwDM
a CI MLWIG o PMKECHMF
To: Council, S1oCity o FM 0PARRBeRBCDIR
Cc: sgkovesdi@aol.com aNEwW UUnLD
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Subject: Citywide Curfew Proposal o SW CIT NEM 000UNCL
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Dear Mayor Marx and Honorable Council Members,:
I hope you are all well. I am writing to voice my concern regarding
the proposed Curfew Ordinance coming before you for final passage on
May 17th.
As a mom with three children under the age of 18 living under my roof,
I believe that my husband and I should be able to determine where our
children go and at what time. In fact, keeping track of the kids'
comings and goings is one of our primary responsibilities and we take
it very seriously.
If children are causing trouble (at any time of day)., the police have
every right and duty to address the situation. But if our sixteen year
old wants to go out for ice cream with his friends after a movie, he
should be allowed to do so, as long as the group is respectful and well
behaved. we ask that you refrain from punishing an entire town based
upon the bad behavior of a few kids, particularly since such behavior
is already punishable under existing laws.
Additionally, we ask that you consider the practical implications of
passing such a far-reaching ordinance. My husband is a restaurant
manager, who often works into the wee hours of the morning. We have
ten and seven year olds who have to be in bed by eight-thirty. I can
easily imagine an occasion when I may ask our eldest to run out to
Spencer's or CVS for me while I stay home with our sleeping youngsters.
I shudder to think of such an errand ending with him being pulled over
by the police, simply on the basis of his youth.
We have always taught our children to behave responsibly and
courteously. We have also taught them that with such good behavior
comes increasing levels of freedom. While we run a pretty tight ship,
civil liberties are not taken away in our home without good cause.
We ask that you reject this curfew ordinance and allow your outstanding
police force to concentrate on individuals causing trouble in our
lovely town, regardless of their age.
Thank you very much for your time and consideration. Sincerely,
Rachel K. Kovesdi
From: Marty U'Ren [muren@fix.net]
Sent: Tuesday, May 17, 2011 4:13 PM
To: Marx, Jan; Carter, Andrew; Smith, Kathy; Ashbaugh, John; Carpenter,
Dan
Subject.: Curfew Ordnance
Regarding the proposed nighttime curfew of minors, frankly I don't get
it. Absent any real problem that this ordnance addresses I am concerned
with what is really going on here. I can understand the SLO Police
Department wants it to make their job easier but given that basic
liberty is naturally at odds with the goals of a police state they
should not get everything they want. This ordnance is right in line
with the continuation of a growing post 9/11 authoritarian agenda in
this country that is antithetical to a free society.
Young people need the freedom to learn how to act responsibly. When
they screw up they need to learn the consequences of their actions. But
this ordnance teaches them that limits on freedom don't need a reason
beyond the wishes of the police. Very dangerous.
Just because other cities have already bent over on this is all the
more reason for S.L.O. to resist. This is a very defining issue for
elected officials. Its also an opportunity to stand up for the ideals
we profess to be so proud off. We don't need a youth harassment
ordnance.
Regards,
Marty U'Ren
PS
Thank you Dan Carpenter for standing up against this shameful ordnance.
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RED FILE
May 11, 2011 MEETING AGENDA
TO: City Council DAT �3 1/ITEM #-91-
FROM:
9FROM: Deborah Linden, Chief of Police
VIA: Katie Lichtig, City Manager
SUBJECT: Red File: City Council Meeting May 17, 2011 — Item C3
Curfew Ordinance Fine Comparison and Outreach
On May 3, 2011, during the Council's discussion of the proposed nighttime curfew ordinance,
Council member Smith requested information regarding the fines and penalties associated with
curfew ordinances in other jurisdictions. The following table lists the penalty ranges for
jurisdictions in San Luis Obispo and Santa Barbara Counties:
Agency Violation Level __ Pinilty
Arroyo Grande City Misdemeanor Up to $1000 fine
Atascadero City Infraction $200 fine
Grover Beach City Infraction 1 offense= $100 fine
2"d offense= $200 fine
P offense= $500 fine
4`h+offense= Misdemeanor
Morro Bay City Misdemeanor or 15 offense=Warning
Infraction Subsequent offenses = fines up to
$1000 depending if filed as infraction
or misdemeanor
Paso Robles City Misdemeanor $100 fine or up to 30 days 'ail
Pismo Beach City Infraction 1 offense= $100 fine
2°d offense= $200 fine
P offense= $500 fine
San Luis Obispo County Misdemeanor I` offense=Warning
Subsequent offenses = fines up to
$500 and/or up to 6 months 'ail
Santa Barbara County Misdemeanor $275 fine(base fine of$50 + $225
additional penalties
Santa Barbara City Infraction $395 fine (base fine of$80 + $315
additional penalties)
Lompoc City Infraction $275 fine(base fine of$50+ $225
additionalpenalties)
Santa Maria City Misdemeanor $475 fine(base fine of$100 + $375
additionalpenalties)
s i
Curfew Ordinance Information Page 2
On May 11, 2011, Vice Mayor John Ashbaugh requested information regarding the
organizations and individuals who received information about the proposed ordinance in advance
of the May 3, 2011, City Council meeting. Staff conducted outreach in person and by distributing
an information bulletin to a wide variety of stakeholders in order to solicit feedback about the
proposed ordinance. Staff met with the San Luis Coastal Unified School District Superintendant
to discuss the ordinance and with several presidents of District parent-teacher-student
organizations. Staff discussed the proposed ordinance at meetings of the Student Community
Liaison Committee and at meetings with Residents for Quality Neighborhoods members. Staff
electronically distributed an information bulletin to the following individuals and groups and
invited them to share the bulletin with others.
1. San Luis Coastal Unified School District Superintendant
2. San Luis Obispo High School Principal
3. Residents for Quality Neighborhoods Board members.
4. Neighborhood Stewards email list(maintained by Neighborhood Services Manager
Ardith Tregenza)
5. San Luis Obispo County Drug and Alcohol Services staff
6. Cal Poly Associated Students President
7. Cal Poly Vice President of Student Affairs
8. Cuesta Vice President of Student Services
9. Associated Students of Cuesta College Advisor
10. Student Community Liaison Committee (SCLC)
The information bulletin contained email addresses for Chief Linden and Captain DePriest so
stakeholders could offer feedback directly. To date, Chief Linden has received four email
communications regarding the curfew. Two were in support of the curfew; one requested
additional information which Chief Linden provided; and one was in support of a curfew but the
author was concerned about the hours as they relate to late movies letting out after 11:00 PM.
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