HomeMy WebLinkAbout36- City Attorney CITY OF SAN BERNAR"INO REQUEST FOP COUNCIL ACTION
From: James F. Penman Subject: AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING CHAPTER 9 . 68
Dept: City Attorney OF THE SAN BERNARDINO MUNICIPAL
Date: March 16 , 1993 CODE RELATING TO A JUVENILE CURFEW
Synopsis of Previous Council action:
1951 - Adoption of Ordinance No . 1915
May 13 , 1985 - Adoption of Ordinance MC-460
Recommended motion:
Waive further reading and lay over for adoption
I
Signature
-ontact person: Dennis A. Barlow Phone: 5255
supporting data attached: Ward: All
=UNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
_1Acct. Description)
Finance:
:ouncil Notes:
5-0262 Agenda Item No.
CITY OF SAN BERNAV)INO - REQUEST FOf COUNCIL ACTION
STAFF REPORT
The City' s current juvenile curfew ordinance was adopted in
1951 and in light of subsequent judicial decisions is both
seriously out of date, as well as internally inconsistent. A
review of the cases shows that an appropriately drafted ordinance
will be upheld to both protect the minors and protect the residents
of the City from what is described as "nocturnal mischief. " The
attached ordinance makes it a misdemeanor for a minor to be out
after 11:00 p.m. with several specified exceptions. These
exceptions allow a minor to be out at that time if in the company
of a parent, guardian or adult having the care and custody of the
minor. Minors are also allowed to return directly home from a
meeting, entertainment, recreational activity, or dance and to go
to and from work. They may also stop to eat on the way home.
Minors may also be on an emergency errand as directed by a parent,
guardian or adult having the care and custody of the minor.
This ordinance is a legal and reasonable tool to protect both
the minors and the residents of the City from problems that may
occur with minors being out in the City at late hours without a
legal purpose.
It is recommended that the ordinance be adopted.
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75-0264
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
9 . 68 OF THE SAN BERNARDINO MUNICIP L CODE RELATING TO A JUVENILE
3 CURFEW
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6 SECTION 1 . Chapter 9. 68 of the San Bernardino Municipal
Code is hereby amended to read as follows:
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"9. 68.010 Prohibition.
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9 It shall be unlawful for any minor
under the age of eighteen years to be
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11 or appear on any street, square,
12 public place, vacant lot, or any
unsupervised place in the City between
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the hours of 11:00 p.m, of any day and
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5:00 a.m. of the following morning.
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16 °9, 68,010 Exception; parents
guardians or
17 adult having care or custody.
18 The rovisions of
P X9. 68.010 do
19 not apply when the minor is
20 accompanied by his
parent,
21 guardian, or other adult person
22 having the care and custody of
23 the minor.
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25 "9, 68,020 Exceptions, returning directly
26 home.
27 The provisions of §9. 68.010 do
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DAB:km[CURFEW.ORD] —1— March 2, 1993
1 not apply when the minor is
2 returning directly home from a
3 meeting , entertainment ,
4 recreational activity or dance.
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6 "9 . 68.030 Exception; going to or returning
7 from work.
8 The provisions of 59. 68.010 do
9 not apply when the minor is going
10 directly to or returning directly
11 from work.
12
13 "9 . 68.040 Exception; eating establishment.
14 The provisions of 99 . 68.010 do
15 not apply to a minor eating food
16 at a cafe, restaurant or other
17 eating establishment after a
18 meeting , entertainment ,
19 recreational activity, dance, or
20 work after the hours of 11 :00
21 p.m. , provided the minor vacates
22 the premises immediately after
23 consuming the food served and
24 proceeds directly home.
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26 "9. 68.050 Exception; emergency errand.
27 The provisions of 59 . 68.010 do
28 not apply to a minor who is upon
DAB:km[CURFEW.ORD) —2° March 2, 1993
1 an emergency errand directed by
2 his or her parent or guardian or
3 other adult person having the
4 care and custody of the minor.
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6 "9 . 68 . 060 Violation.
7 Each violation of this Chapter is
8 a misdemeanor. "
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DAB:km[CURFEW.ORD] —3— March 2, 1993
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
9.68 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A JUVENILE
2 CURFEW
3 I HEREBY CERTIFY that the foregoing ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the
6 day of 1993, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
16
City Clerk
i 17
18 The foregoing ordinance is hereby approved this day
of 1993.
19
20 W. R. Holcomb, Mayor
City of San Bernardino
21
Approved as to form
22 and legal content:
23 JAMES F. PENMAN,
City Attorney
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25 By: %
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DAB:km[CURFEW.0RD] —4— March 2, 1993