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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: 6 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 22 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 4