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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: AN ORDINANCE OF THE CITY OF
SAN BERNARDINO AMENDING
SECTION 9.69 OF THE SAN
BERNARDINO MUNICIPAL CODE
RELATING TO TRUANCY.
Dept: CITY ATTORNEY
Date: April 18, 2007
Synopsis of Previous Council Action: Ord. MC-996, 6-16-97. Legislative Review Committee
recommended approval of Ordinance by full the Council, April 17, 2007.
Recommended motion: Waive further reading and layover for final adoption.
~1L-
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Report
FUNDING REQUIREMENTS: Amount: NONE
Ward: N/A
Source: N/A
Finance:
Council Notes:
Agenda Item No.
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51 ~ll D7
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STAFF REPORT
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
April 18, 2007 i
AN ORDINANCE ~l' THE CITY OF SAN BERNARDINO AMENDING
SECTION 9.69 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING
TO TRUANCY
Background:
Section 9.69 ofthe San Bernardino Municipal Code, which was adopted in 1997, is currently
titled "Truancy-Minors." In a 2002 California case, Harrahill v. City of Monrovia, an ordinance of
the City of Monrovia, which is almost identical to Section 9.69, was challenged on the ground that
the area of truancy is preempted by the State of California Education Code. The court held that the
area oftruancy is regulated by the Education Code but upheld Monrovia's ordinance, which is titled
"Daytime Curfew," because it did not seek to regulate the act of being truant, but instead to regulate
"the policing of its streets during the specified daylight hours and the prevention of juvenile crime
and juvenile victimization during those hours."
Other cities in our area that have ordinances similar to Section 9.69 include Colton, Fontana,
Ontario, Redlands, Rialto, and Riverside. Additionally, the San Bernardino County Code also has
a similar provision. However, each of those cities and the County title their ordinance "Daylight
Loitering."
In light of the decision in the Harrahill case, the current title of Section 9.69, "Truancy-
Minors," could lend itself to an argument that the Ordinance is invalid because it is seeking to
regulate the act of being truant (which is preempted by the Education Code).
In order to resolve this issue, it is recommended that the title of the Ordinance be changed
from "Truancy-Minors" to "Daytime Loitering."
Recommendation:
An Ordinance of the Mayor and Common Council ofthe City of San Bernardino, California
amending Chapter 9.69 of the San Bernardino Municipal Code relating to truancy. FIRST
READING.
Motion: That said Ordinance be laid over for final adoption.
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1
ORDINANCE NO.
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2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.69 OF
THE SAN BERNARDINO MUNICIPAL CODE.
3
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
4 ORDAIN AS FOLLOWS:
5 SECTION 1. San Bernardino Municipal Code Section 9.69 is hereby amended to read
as follows:
6
"9.69 Daytime Loitering"
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8 III
9 III
10 III
11 III
12 III
13 III
14 III
.15 III
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
. 28 III
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6
Council Members:
7
ESTRADA
8
BAXTER
9
BRINKER
10
DERRY
11
KELLEY
12
JOHNSON
13
MC CAMMACK
14
. IS
16
17
18
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Approved as to form:
20
JAMES F. PENMAN,
21 City Attorney
By:
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23
24
25
26
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 9.69 OF
THE SAN BERNARDINO MUNICIPAL CODE.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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Common Council of the City of San, Bernardino at a meeting thereof, held on the
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of , ~7, by the following vote, to wit:
AYES
ABSTAIN ABSENT
NAYS
Kachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2007.
Patrick J. Morris, Mayor
City of San Bernardino