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Home My WebLink AboutORD 18-11 Curfew for MinorsORDINANCE NO. 18 -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 9.28 OF THE ORANGE MUNICIPAL CODE RELATING TO CURFEW FOR MINORS. WHEREAS, the City's current curfew ordinance was originally adopted in 1943; and WHEREAS, available statistical data shows that curfew ordinances are essential to reduce the rate of juvenile crimes, especially with minors between the ages of ten and sixteen; and WHEREAS, statistics also show that juveniles have increasingly become the target of crime, as they are among the most vulnerable persons in our society, and generally lack the maturity to make critical decisions regarding their behavior; and WHEREAS, local statistics regarding juvenile contacts and juvenile crimes indicates an increase during nighttime hours, between the hours of 10:00 p.m. and 1:00 a.m.; and WHEREAS, jurisdictions which have controlled juvenile movement during these hours have experienced a significant decline in crime rates and non - criminal vandalism and mischief, and WHEREAS, this curfew ordinance is adopted to supplement and reinforce parental authority to control the movement of minors during the time of peak criminal activity; and WHEREAS, the occurrence of juvenile violence, crime, and gang - related activity threaten the public health, safety, and general welfare of the citizens of the City; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote and protect the public health, safety and general welfare of its residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Orange Municipal Code Chapter 9.28, Curfew For Minors, is hereby deleted in its entirety and shall be replaced with Chapter 9.28, entitled Curfew For Minors, which shall read as follows: 9.28.010 Purpose and Intent. The rate of juvenile crime increases between the ages of ten and sixteen, and crimes committed by juveniles is most likely to occur between the hours of 10:00 p.m. and 1:00 a.m. Jurisdictions which have controlled juvenile movement during these hours have experienced a significant decline in crime rates and non - criminal vandalism and mischief. Juveniles are among the most vulnerable persons in our society and generally lack the maturity to make critical decisions regarding the behavior. Juveniles have also increasingly been the targets of crime and the adoption of a curfew will assist in combating this trend. This curfew is implemented to supplement and reinforce parental authority to control the movement of minors during the time of peak criminal activity and to promote and protect the public health, safety and general welfare of the citizens of Orange. 9.28.020 Definitions. For purposes of this Chapter, the following definitions shall apply: A. "Curfew hours" mean between 10:00 p.m. any evening of the week until 5:00 a.m. the following morning. B. "Minor" means any person less than eighteen (18) years of age. C. "Emergency" means any unforeseeable combination of circumstances or situations that require immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, medical or any other situation requiring immediate action to prevent great bodily injury or loss of life. D. "Great bodily injury" shall mean bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. E. "Parent" means any person who is the natural parent, adoptive parent, or step - parent of a minor. F. "Guardian" means any person who, under court order, is the guardian, caretaker, conservator, custodian, safekeeper, supervisor, or ward of the minor; or is a public or private agency with whom the minor has been placed by the court. G. "Responsible adult" means a person at least eighteen (18) years of age, expressly authorized by a parent or guardian to have legal custody and control of the minor. H. "Public place" means any place to which the public or a substantial group of the public has access which includes, but is not limited to, streets, highways, alleys, parks, and the common areas of schools, hospitals, apartment houses, office buildings, and transportation facilities. 2 I. "Establishment" means any privately -owned place of business operated for profit to which the public is invited, including, but not limited to, shops, shopping malls, restaurants, arcade and game rooms, or any other place of amusement or entertainment. 9.28.030 Restrictions. A. No minor shall be present, loiter, idle, wander, roam, play or remain in or upon any public place or establishment, or fail to leave any public place or establishment during curfew hours. B. No parent, guardian, or responsible adult of a minor may knowingly permit, or by insufficient control allow, a minor to be present in any public place or on the premises of any establishment in the City during curfew hours. 9.28.040 Exceptions. Exceptions to the provisions of this chapter may occur if the minor was: 1. Accompanied by a parent, guardian, or other responsible adult; 2. Traveling reasonably directly to or from, or engaged in the performance of a duty directed by a parent, guardian, or responsible adult; 3. Traveling reasonably directly to or from, or engaged in, any permissible employment which requires the minor to remain in or upon a public place or establishment during curfew hours; 4. Traveling reasonably directly to or from, or engaged in, any expressive activities within his or her rights under the First Amendment to the Constitution of the United States; 5. Traveling reasonably directly to or from, or engaged in, any official school, religious, recreational, civic, charitable, or organized associational activities supervised or superintended by a responsible adult; 6. Traveling reasonably directly to or from, or responding to, an emergency situation; 7. Remaining, lingering, loitering, idling, or wandering in or on a public or private sidewalk directly in front of or reasonably adjacent to the minor's residence; 3 8. Engaging in bona fide interstate travel that may begin, end, or pass through the City; or 9. Emancipated pursuant to the law. 9.28.050 Penalties. A. Any person who violates the provisions of this section shall be guilty of a misdemeanor. B. Minors shall be dealt with in accordance with juvenile court law and procedure. C. Each violation of this section shall constitute a separate offense." SECTION II Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This Ordinance shall be prospective in application from its effective date. SECTION III: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this l O day of January, 2012. 0 ATTEST: Mary E urp y, City Clerk ange STATE OF CALIFORNIA 1 COUNTY OF ORANGE CITY OF ORANGE I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 13 day of December, 2011, and thereafter at the regular meeting of said City Council duly held on the 10 day of January, 2012, was duly passed and adopted by the following vote, to wit: AYES:COUNCILMEMBERS:Whitaker, Smith, Cavecche, Dumitru, Bilodeau NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary E. ity Clerk, Cit 0 f Orange