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Home My Public Portal About97-1120 ON, C CIL 9 04 �' UN ORDINANCE NO. 97-1120 AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, RELATING TO THE CURFEW FOR MINORS AND AMENDING THE CARSON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS: Section 1. Findings and Intent. The City Council finds: A. Section 4114 of the Carson Municipal Code currently prohibits minors from loitering between 10 p.m. and sunrise. B. In the case of Nunez v. City of San Diego, 97 D.A.R. 7221 (June 10, 1997), the Ninth Circuit Court of Appeals reviewed an ordinance adopted by the City of San Diego which prohibited minors from loitering between 10 p.m. and sunrise. The court found the ordinance unconstitutional because it did not contain exceptions to allow minors to engage in constitutionally protected activities. C. The City's curfew ordinance is distinguishable from the curfew considered by the Nunez court because it does not restrict constitutionally protected activities in the same way. D. Due to the City's compelling govemmental interests, the ongoing application of the curfew ordinance is necessary to reduce juvenile crime and juvenile victimization. Minors are particularly vulnerable to violence due to their lack of maturity and experience and their limited ability to make critical decisions in an informed and mature manner. E. The City Council desires to clarify that the curfew ordinance does not restrict constitutionally protected activities. Section 2. Code Amendment. Section 4114 (Curfew) of Chapter 1 (Prohibited Conduct; Offenses) of Article IV (Public Peace) of the Carson Municipal Code is hereby amended to read as follows: "4114. Curfew for Minors. A. Every minor who is present in or upon any public or private street, road, drive, alley, or trail; any public or community park or recreation area; any public ground, place, or building; or any vacant lot or abandoned or vacant building between the hour of 10:00 p.m. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection C of this Section. B. Parental Responsibility: Every custodial person who allows or permits a minor in his or her custody to violate any provision of this Section is guilty of an infraction. CITY OF CARSON Page 1 of 4 ORDINANCE NO. 97-1120 97-085 970805 C1380 00990 ddp 0203616 3 C. This section shall not apply if the minor is: 1. Accompanied by a custodial person or by the minor's spouse over eighteen (18) years of age; 2. On an errand directed by, and in possession of a written excuse from, a custodial person or spouse over eighteen (18) years of age; 3. Engaged in or going directly to or returning directly from a school- approved activity or one that is supervised by school personnel; a medical appointment; a religious activity; or a lawful educational or recreational activity supervised by adults and sponsored by a school, a public agency, a civic organization, or a similar entity that takes responsibility for the child; 4. Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such activity; 5. Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person or spouse over the age of eighteen (18) years of age; 6. Involved in an emergency or seeking medical assistance; 7. Exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution, including but not limited to: free exercise of religion, freedom of speech and freedom of assembly; 8. In the right-of-way abutting the minor's residence; 9. In a motor vehicle involved in interstate travel; 10. Emancipated pursuant to State law and California Family Code Section 7000, et seq., including but not limited to the following reasons: married or in the military service; or 11. Homeless. D. Community Service or Parenting Classes for First Offense: On a first offense, the Court may order community service or parenting classes instead of a fine, as may be appropriate. E. Penalties: A violation of this Section constitutes an infraction subject to the penalties provided in Section 1200(b) of this Code. After three violations, every additional violation constitutes a misdemeanor offense subject to the penalties provided in Section 1200(a) of this Code. F. Definitions: 1. The word "emergency" as used in this Section means an unforeseen combination of circumstances or the resulting state that calls for immediate CITY OF CARSON Page 2 of 4 ORDINANCE NO. 97-1120 97-085 970806 C1380.00990 ddp 0203616 3 action. The term includes but is not limited to fire, natural disaster, automobile accident, a maternity related incident or occurrence requiring travel to the hospital, or any situation requiring immediate action to prevent serious bodily injury or loss of life. 2. The word "minor" as used in this Section means a person under the age of eighteen (18) years. 3. The word "custodial person" as used in this Section means any parent or legal guardian of the minor, or any person eighteen (18) years of age or older who is authorized by such parent or legal guardian with the care and custody of the child. G. Enforcement Procedures: A police officer shall ask the age of an apparent offender and the reason for being on the premises or property. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in Subsection C apply. H. Power of Law Enforcement Officers: Nothing in this Section shall be construed as limiting in any way the power or right of law enforcement offi- cers to make investigations, detentions or arrests as would have been permitted had this Section not been enacted." Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this 23rd day of September, 1997. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM`. ASSISTANT ITY ATTORNEY CITY OF CARSON Page 3 of 4 ORDINANCE NO. 97--1120 97-085 970805 C1380-00990 ddp 0203616 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF CARSON I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 97-1120, passed first reading on September 2, 1997, was duly and regularly adopted by the City Council of said City at an adjourned regular meeting of said Council, duly and regularly held on September 23, 1997, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Olaes, O'Neal and Sweeney NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mayor Fajardo and Mayor Pro Tem Calas 1I City Clerk, City of Carson, California 1 CITY OF CARSON Page 4 of 4 ORDINANCE NO. 97-1120 97-005 970606 C136000990ddp 02036163