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HomeMy WebLinkAbout1562ORDINANCE NO. 1562 (2011 Series) AN ORDINANCE 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 17, 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 a.m. the following day; and (2) The period from 12:01 a.m. 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 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. 01562 Ordinance No. 1562 (2011 Series) Page 2 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 sixteen (16) 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 any place 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. 9.50.020 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 Ordinance No. 1562 (201 Series) Page 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. 9.50.030 Penalties for Violations A Any minor violating section 9.50.020A is guilty of an infraction punishable by (1) a warning for the first violation; (2) a fine not to exceed one hundred dollars and /or ten hours of community service for the second violation; (3) a fine not to exceed two hundred dollars and /or twenty 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 9.50.02013 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 17th day of May, 2011 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 7th day of June, 2011, on the following vote: AYES: Council Member Carter, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Members Carpenter and Smith ABSENT: None ATTEST: eX�L`n� Elaina Cano City Clerk APPROVED AS TO �Xhristine Dietrick City Attorney Mayo J Marx 1 hereby :owft thatithb daamwnt We true and accurate original d Ordinance No. � 2-. and that the ordinance was published purstthnt to Charter Section 602. Dam Clerk .