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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s current juvenile curfew ordinance was adopted in 1951 and in light of subsequent judicial decisions is both seriously out of date, as well as internally inconsistent.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. I 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: 7 "9. 68.010 Prohibition. 8 9 It shall be unlawful for any minor under the age of eighteen years to be 10 11 or appear on any street, square, 12 public place, vacant lot, or any unsupervised place in the City between 13 the hours of 11:00 p.m, of any day and 14 5:00 a.m. of the following morning. 15 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. 24 25 "9, 68,020 Exceptions, returning directly 26 home. 27 The provisions of §9. 68.010 do 28 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. 5 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. 25 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. 5 6 "9 . 68 . 060 Violation. 7 Each violation of this Chapter is 8 a misdemeanor. " 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 24 25 By: % 26 27 28 DAB:km[CURFEW.0RD] —4— March 2, 1993