Loading...
HomeMy WebLinkAboutOrd 16061 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Z0 21 22 23 24 25 26 27 28 ORDINANCE NO. 1606 ORDINANCE OF THE CTI Y OF BURLINGAME ADOPTING AN URGENCY ORDINANCE PURSUANT TO GOVERNMENT CODE SECTION 36937 AMENDING CHAPTER 10.24 — CURFEW FOR MINORS The CITY COUNCIL of the CITY OF BURI,INGAME does hereby ordain as follows: Section 1. A. The United States Ninth Circuit Court of Appeals has determined that the common curfew laws in the State of California are no longer valid, and that they must be rewritten to allow minors more rights to travel after the hour set by the community as a curfew for minors. This ordinance is intended to address the objections made by the Ninth Circuit Court of Appeals and to narrowly provide a means for the City to provide protection to minors who may be left without or outside of parental supervision. B. The City's curfew law has served the City well. Juvenile cri me and graffiti have been minimizeA, and there is a strong sense of safety and securi ty in the commercial and residential districts of the City. However, the popularity of the Bayfront and the entertainment areas of Burlingame Avenue and Broadway is attracting a rowdy and criminal element that requires law enforcement involvement and poses significant danger to young people in the nighttime. Because minors are prohibited from bars and taverns that provide most of the centers for gathering and entertainment, they can instead be led into illegal consumption of alcohol, use of drugs, gang activities, and vandalism. There are few reasons for a minor, particularly of the age of sixteen and below, to be hanging out after ten p.m. C. As with labor laws govern ing employment of minors, this narrowly drafted ordinance will allow minors to undertake necessary activities, while ensuri ng they are safe. D. This ordinance allows parents the right to appropriately superv ise and guide their children, while ensuring that the vast majority ofparents ' concern s about their children's safety are addressed by complementary government assistance. In addition, many homes have single par ents 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or both parents working, making supervision more difficult. Law enforcement officers will be able to verify that children have legitimate business in the middle of the night, and that they have the permission of their parents or guardians to be out and about. E. A curfew ordinance also provides an effective weapon in combating juvenile crime. This ordinance establishes hours when minors are not expected to be present in residential and commercial neighborhoods, and law enforcement can appropriately intervene when a group of juveniles is found in a residential or commercial neighborhood at strange hours of the night. F. Cities that abandoned enforcement of curfew ordinances or repealed curfew ordinances have found that juvenile crime and associated problems increased, and across the country, cities have begun to adopt or enforce curfew laws similar to the previous City curfew ordinance and the one proposed below. Those cities have found that adoption and enforcement are effective tools in reducing gang violence, juvenile crime and vandalism, and other juvenile difficulties. G. Pursuant to Government Code § 36937(b), this ordinance shall take effect immediately because it is important to the preservation of public peace and safety. The effect of the Ninth Circuit decision is make enforcement of the existing City curfew for minors ordinance impossible, meaning that there is no actual curfew ordinance in place. This places juveniles and the community at risk as described above. The proposed ordinance reduces many of the limitations currently in the ordinance, such as the number of hours, and provides a number of exemptions. The ordinance brings the curfew limitations in line with current federal law regarding the issue. Therefore, to avoid litigation regarding the existing provisions while continuing to provide a safe environment for the community, particularly juveniles, this ordinance should take effect immediately. Section 2. Chapter 10.24 is amended to read as follows: CHAPTER 10.24 CURFEW FOR MIN 10.24.010 Definitions. 10.24.020 Curfew hours. 10.24.030 Exemptions. 10.24.040 Enforcement procedures. -2- ORS 1 2 3, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 10.24.010 Definitions. The following definitions shall apply to this chapter: (a) "Emergency" means an unforeseen circumstance or circumstances or the resulting situation that calls for immediate action to prevent serious injury, loss of life, or serious property damage. The term includes, but is not limited to, a fire, natural disaster, or vehicle accident. minor. (b) "Guardian" means: (1) A person who is the guardian of the person of a minor pursuant to a court order; or (2) A public or private entity with whom a minor has been placed by a court order; or (3) A person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. (c) "Minor" means a person under the age of eighteen years. (d) "Parent" means a person who is a natural parent, adoptive parent, or step-parent of a (e) "Public place" means: (1) Any out-of-door area to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, sidewalks, alleys, parks, playgrounds, or other public grounds; and (2) The out -of --doors common areas, such as entry ways and parking lots, of businesses to which the public is invited, including but not limited to, any place of amusement, entert ainment, or recreation. I 10.24.020 Curfew hours. (a) It is unlawful for an y minor under the age of sixteen (16) years to be in any public place within the city between the hours of 10:00 p.m. and 5:00 a.m., except as provided in Section 10.24.030 below. (b) It is unlawful for any minor under the age of eighteen (18) years to be in any public -3- 1 2 3 4'' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 place within the city between the hours of 11:30 p.m. and 5:00 a.m., except as provided in Section 10.24.030 below. 10.24.030 Exemptions. A minor shall not be in violation of Section 10.24.020 if at the time that the minor was detained by peace officer, the minor was: (a) Accompanied by the minor's parent or guardian; or (b) On an errand at the direction of the minor's parent or guardian, without unnecessary detour or stop; or (c) Driving or riding in a motor vehicle or publicly owned transportation; or (d) Engaged in lawful volunteer or paid employment activity, or going to or returning home from a lawful volunteer or paid employment activity, without unnecessary detour or stop; or (e) Acting in response to an emergency; or (f) On the sidewalk abutting the minor's residence or abutting the residence that is immediateI y adjacent to the minor's residence; or (g) Attending or going to or return ing home, without unnecessary detour or stop, from a school, religious, cultural, sports, amusement, entert ainment, or recreation activity, or any organized rally, demonstration, meeting, or similar activity; or (h) Waiting at a train or bus station or stop for transport ation; or (i) Emancipated in accordance with California law. 10.24.040 Enforcement procedures. (a) Nothing in this chapter shall be construed to preclude minors from being in a public place for the purpose of exercising the rights guaranteed by the First Amendment of the United States Constitution or by the California Constitution, including the free exercise of religion, freedom of speech, right of assembly, freedom of association, right to petition, and right to privacy as applied by decisional law to minors of a particular age. (b) Before taking enforcement action under this chapter, a peace officer shall ask the - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 apparent offender's age and reason for being in the public place. (c) A peace officer may take enforcement action under this chapter only when the peace officer has probable cause to believe that neither subsection (a) above nor any exemption under Section 10.24.030 applies to the offender's reasons for being present in the public place. Section 3. This ordinance shall be published as required by law and take effect immediately. Mayor I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced and adopted at a regular meeting of the City Council held on the 20' day of January, 1999, by at least a four-fifths vote of the Council as follows: AYES: COUNCILMEMEERS: GALLIGAN, 7ANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 5:\Ordinances\ord1606. ord.wpd -5-