HomeMy WebLinkAboutMC-995U
Adopted: June 16, 1997
Effective: June 16, 1997
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ORDINANCE NO. MC-qq"
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3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 9.68
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A JUVENILE
4 CURFEW AND DECLARING THE URGENCY THEREOF
5 WHEREAS, the Mayor and Common Council, has determined that there has been an
increase in juvenile violence, juvenile gang activity, and crime by persons under the age of 18 in the
6 City of San Bernardino; and,
7 WHEREAS, persons under the age of 18 are particularly susceptible, by their lack of
maturity and experience to participate in unlawful and gang-related activities and to be victims of
8 older perpetrators of crime; and,
9 WHEREAS, the City of San Bernardino has an obligation to provide for the protection of
minors from each other and from other persons, for the enforcement of parental control over the
lO responsibility for children, for the protection of the general public, and for the reduction of the
incidence of juvenile criminal activities; and,
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WHEREAS, a curfew for those under the age of 18 will be in the interest of the public
l2 health, safety, and general welfare and will help to attain the foregoing objectives and to diminish
the undesirable impact of such conduct on the citizens of the City of San Bernardino; and
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WHEREAS, the current curfew ordinance is of questionable constitutional validity based
l4 on a recent Ninth Circuit decision, and the immediate need for such an ordinance is necessary for
the immediate preservation of the public peace, health and safety, specifically to protect the City's
l5 compelling interest in reducing juvenile crime and juvenile victimization;
l6 NOW UlEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
l7 OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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Section 9 68 010 of the San Bernardino Municipal Code is amended to read as follows:
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9.68.010
Definitions
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A Definitions. In this section.
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1 CURFEW HOURS means:
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(a)
11.00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday
until 6.00 a.m. of the following day; and,
12:01 a.m. until 6.00 a.m on any Saturday or Sunday
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(b)
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2.
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,
a natural disaster, or automobile accident, or any situation requiring immediate
action to prevent great bodily injury or loss of life.
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Me-995
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 AND DECLARING THE URGENCY THEREOF
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ESTABLISHMENT means any privately-owned place of business operated for
a profit to which the public is invited, including but not limited to any place of
amusement or entertainment
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4 GUARDIAN means:
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a person who, under court order, is the guardian of the person of
a mlnor~ Of,
(a)
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(b)
a public or private agency with whom a minor has been placed by
a court.
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5 MINOR means any person under 18 years of age.
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OPERATOR means any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment. The term includes the
members or partners of an association or partnership and the officers of a
corporation.
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7 PARENT means a person who is:
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a natural parent, adoptive parent, or step\parent of another person;
or,
(a)
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(b)
at least 18 years of age and authorized by a parent or guardian to
have the care and custody of a minor
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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, sidewalks,
highways, and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops.
REMAIN means to
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(a)
(b)
linger or stay; or,
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fail to leave premises when requested to do so by a police officer
or the owner, operator, or other person in control of the premises.
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GREAT BODILY INJURY means bodily injury that creates a significant or
substantial physical injury
Section 9 68 020 of the San Bernardino Municipal Code is amended to read as follows:
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9.68.020
Offenses
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A minor commits an offense ifhelshe remains in any public place or on the premises of
any establishment within the city during curfew hours.
A.
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2 Bill
Me-995
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 AND DECLARING THE URGENCY THEREOF
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A parent or guardian of a minor commits an offense ifhelshe knowingly permits, or by
insufficient control allows, the minor to remain in any public place or on the premises of
any establishment within the city during curfew hours.
The owner, operator, or any employee of an establishment commits an offense ifhelshe
knowingly allows a minor to remain upon the premises of the establishment during curfew
hours.
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Section 9 68.030 of the San Bernardino Municipal Code is amended to read as follows:
B 9.68.030 Defenses
9 A It is a defense to prosecution under 9 68 020 that the minor was:
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accompanied by the minor's parent or guardian;
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on an errand at the direction of the minor's parent or guardian,
without any detour or stop;
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3 in a motor vehicle involved in interstate travel;
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engaged in an employment activity, or going to or returning home
from an employment activity, without any detour or stop;
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involved in an emergency;
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on the sidewalk abutting the minor's residence or abutting the
residence of a next-door neighbor if the neighbor did not complain
to the police department about the minor's presence;
attending an official school, religious or other recreational activity
supervised by adults and sponsored by the City of San Bernardino,
a civic organization" or another similar entity that takes
responsibility for the minor, or going to or returning home from,
without any detour or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored by the City
of San Bernardino, a civic organization, or another similar entity
that takes responsibility for the minor;
exercising First Amendment rights protected by the United States
and California Constitutions, such as the free exercise of religion,
freedom of speech, and the right of assembly; or,
married or had been married or had disabilities of minority removed
in accordance with ~7002 of California Family Code.
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Me-995
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 AND DECLARING THE URGENCY THEREOF
3 B
It is a defense to prosecution under 9 68 020( c) that the owner, operator,
or employee of an establishment promptly notified the police department
that a minor was present on the premises of the establishment during curfew
hours and refused to leave.
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Section 9 68 040 of the San Bernardino Municipal Code is amended to read as follows:
9.68.040
Enforcement
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Before taking any enforcement action under this section, a police officer shall ask the
8 apparent offender's age and reason for being in the public place. The officer shall not issue a
citation or make an arrest under this section unless the officer reasonably believes that an offense
9 has occurred and that, based on any response and other circumstances, no defense in 9 68 030 is
present.
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Section 9 68 050 of the San Bernardino Municipal Code is amended to read as follows:
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9.68.050
Penalties
13 A person who violates a provision of this chapter is guilty of a separate offense for each
day or part of a day during which the violation is committed, continued, or permitted. Each
l4 violation of this Chapter is a misdemeanor
l5 Section 9 68 060 of the San Bernardino Municipal Code is amended to read as follows:
l6 9.68.060 Cost Recovery
l7 A Pursuant to the authority of Welfare and Institutions Code S625.5, and
when based on a finding of civil liability or a criminal conviction for a
l8 subsequent violation of Section 9 68 020 of this Chapter, when a minor
under eighteen years of age is detained for a period of time in excess of one
19 hour for a violation of Section 9 68 020 of this Chapter, and said detention
requires the supervision of the minor by employee(s) of the San Bernardino
20 Police Department, the parent(s) or legal guardian(s) having custody or
control of said minor shall be jointly and severally liable for the cost of
2 1 providing said supervision and transportation for that minor; provided that
they shall have first received a written warning for a first violation of
22 Section 9 68 020, indicating that recovery of administrative and
transportation costs may be sought upon a second violation. Such costs
23 sought shall be based upon the San Bernardino Police Department
Extraordinary Law Enforcement Fee Rate Schedule. Welfare and
24 Institutions Code S625.5(d) mandates parents or legal guardians to sign
and return the warning notification for any such first offense of 9 68 020
25 committed by any minor A space will be provided for the explanation of
any circumstances relevant to an applicable exemption from the fee as
26 provided by W&I S625.5(e).
27 B As determined by the Chief of Police, or his designee, the minor,
the parent(s), or legal guardian(s) of a minor violating Section 9 68 020 of
28 this Chapter may be assessed and billed for the cost of providing personnel
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Me-995
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 9.68
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A JUVENILE
CURFEW AND DECLARING THE URGENCY THEREOF
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for services relating to the detention, processing or supervision of the minor beyond those
services normally provided by the police department. The Chief of Police, or his designee,
may waive payment of all or part of the charges if the detennination is made that the person
has made reasonable efforts to exercise the Supervision and control over the minor, if the
determination is made that neither the minor, the parente s), or the guardian( s) have the
ability to pay the charges, if the determination is made to allow the performance of
community service in lieu of imposition of the fee, or if the determination is made that the
p~rent( s) or legal guardian( s) have limited physical or legal custody and control of the
mmor
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Any person receiving a bill for police services pursuant to this section, may, within ten (10)
days after the date of the bill, file a written appeal with the City Clerk. Any billing sent
pursuant to this section shall notifY the billed party of the right to appeal said charges. The
City Official designated by the Mayor, or his or her designee, shall hear such appeal as the
hearing officer Such hearing shall be informal and shall not be bound by the formal rules
of evidence. The hearing officer may waive payment of the charges in full or in part upon
a finding of good cause. Within thirty (30) days after the hearing, the hearing officer shall
given written notice of the decision to the appellant. The requirement to pay the charges
shall be stayed during the pendency of the appeal if the appeal is denied in part or in full,
all amounts due to the City shall be paid within thirty (30) days of the notice of the decision
of the hearing officer
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PJC/al[Curfew.Ord] 5
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Me-995
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 AND DECLARING THE URGENCY THEREOF
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a jt regmeeting thereof, held on
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the --l6. day of T"np, 1997, by the following vote, to wit:
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Council Members:
NAYS ABSTAIN ABSENT
AYES
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NEGRETE
CURLIN
ARIAS
OBERHELMAN
DEVLIN
ANDERSON
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MILLER
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Rae I Clark
City Clerk
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The foregoing ordinance is hereby approved this ~ day of June ,1997
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/&nt I (/(-<dP"L
TOM MINOR, Mayor
City of San Bernardino
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Approved as to
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24 JAMES F PENMAN,
City Attorney
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PJCial[Curfew.Ord]
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