HomeMy WebLinkAboutMC-996U
Adopted: June 16, 1997
Effective: June 16, 1997
1
ORDINANCE NO.
Me-996
2
3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.69 TO
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MINORS BEING IN OR
4 ON PUBLIC STREETS, PUBLIC BUILDINGS OR OTHER PUBLIC GROUNDS AND
DECLARING THE URGENCY THEREOF.
5
6 WHEREAS, the Mayor and Common Council has determined that it is in the best interest
of the public health, safety and general welfare to enforce that minors attend school during school
7 hours; and
8 WHEREAS, it is in the best interest of the public to encourage parents and legal guardians
to exercise reasonable care, supervision and control over their minor children so as to enforce the
9 attendance of minors in school during school hours; and
lO WHEREAS, the City of San Bernardino currently has provisions restricting minors from
being in public places during school hours which are contained in Chapter 9 68 of the San
II Bernardino Municipal Code, and said chapter is being amended in its entirety due to the
questionable constitutionality of the current juvenile curfew ordinance; and
l2
WHEREAS, a new chapter is needed immediately to provide an enforcement mechanism
l3 by which minors and/or their parents and legal guardians may be prosecuted for violations of minors
being in or on public streets, public buildings or other public grounds during school hours;
l4
l5 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
l6 OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
l7 Section 9 69 010 is hereby added to Title 9 of the San Bernardino Municipal Code as
l8 follows:
19 9.69.010 School Hours
20 A Minors on public streets. It is unlawful for any minor under the age of
eighteen years, who is subject to compulsory education or compulsory
21 continuation education to be or remain in or upon public streets, highways,
roads, alleys, parks, playgrounds, or other public grounds, public places,
22 public buildings, school property to which they are not assigned, places of
amusement and eating places, vacant lots or any unsupervised place during
23 the hours for which said minor is normally assigned to his or her school on
days when said school is in session.
24
25 B
Responsibility of parents. guardians. etc. It is unlawful for the parent,
guardian or other adult person having the care and custody of a minor
under the age of eighteen years, who is subject to compulsory education
or to compulsory continuation education, to permit the minor alone or in
concert with others, to be or remain in or upon the public streets,
highways, roads, alleys, parks, playgrounds, parking areas, or other public
grounds, public places, places of amusement and eating places, vacant lots
26
27
28
1
I
,
Me-996
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.69 TO
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MINORS BEING IN OR
ON PUBLIC STREETS, PUBLIC BUILDINGS OR OTHER PUBLIC GROUNDS AND
DECLARING THE URGENCY THEREOF.
1
2
3
4 or other unsupervised places, or any place open to the public between the
hours of 8.30 a.m. and 2.30 p.m. of the same day on days when said
5 minor's school is in session.
6 Section 9 69 020 is hereby added to Title 9 of the San Bernardino Municipal Code as
7 follows:
8
9.69.020
9
lO
A.
11
B
l2
13
l4 C
l5
l6 D
l7
E.
l8
19
F
20
2l
22
follows:
23
9.69.030
24
Exceptions
The provisions of Section 9 69 010 shall not apply"
To a minor who is accompanied by his or her parent, legal guardian, or
other adult person having care or custody of the minor; or,
To students who have permission to leave school campus for lunch or
school related activity and have in their possession a valid school-issued
written notice by a school official, but only for a reasonable period of time
necessary for the lunch or activity
To a minor who is going to or coming from his or her gainful place of
employment or medical or dental appointment with verification of said
employment or appointment.
To a minor who is upon an emergency errand directed by hislher parents,
guardian or other adult person having the care and custody of the minor;
To a minor who is going directly to or from a school sponsored event or
activity such as a sporting event, field trip, or other such school activity;
or,
To a minor who is going directly to or from an event or activity that is
directly related to any medical condition of a parent, guardian or other adult
person having the care and custody of the minor
Section 9 69 030 is hereby added to Title 9 of the San Bernardino Municipal Code as
Enforcement
Before taking any enforcement action under this section, a police officer
25 shall ask the apparent offender's age and reason for being in the public place during school lnl1l
The officer shall not issue a citation or make an arrest under this section unless the 0 f f ice r
26 reasonably believes that an offense has occurred and that, based on any response and other
circumstances, and no exception enumerated in 9 69 020 is present.
27
28 III
2
Ke-996
1 A.,~ ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.69 TO
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MINORS BEING IN OR
2 ON PUBLIC STREETS, PUBLIC BUILDINGS OR OTHER PUBLIC GROUNDS AND
DECLARING THE URGENCY THEREOF.
3
4 Section 9 69 040 is hereby added to Title 9 of the San Bernardino Municipal Code as
5 follows:
6 9.69.040
Violation
7 Each violation of this Chapter is a misdemeanor
8 11/
9 III
lO III
II 11/
l2 III
13 11/
l4 11/
l5 /11
l6 /11
l7 III
l8 III
19 III
20 III
2l /II
22 III
23 III
24 III
25 III
26 III
27 III
28
PJClal[Truancy OrdJ
3
Ke-996
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.69 TO
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO MINORS BEING IN OR
2 ON PUBLIC STREETS, PUBLIC BUILDINGS OR OTHER PUBLIC GROUNDS AND
DECLARING THE URGENCY THEREOF.
3
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
4
5
Common Council of the City of San Bernardino at a j' rpg meeting thereof, held on
the -L6- day of T"np, 1997, by the following vote, to wit:
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7
8
9
Council Members: AYES
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
-
DEVLIN x
-
ANDERSON x
-
MILLER x
lO
11
l2
13
l4
15
l6
17
l8
19
NAYS ABSTAIN ABSENT
g~ C-~
Rac Clark
City Clerk
20
The foregoing ordinance is hereby approved this --1.L day of T"np , 1997
2l
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23
Approved as to
24 form and legal content:
25 JAMES F PENMAN,
City Attorney
26
27 By.
28
PJClal[Truancy.Ord]
-~ I
~
I -( 4/~
to~1JR; ayor
City of San Bernardino
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