HomeMy Public PortalAboutOrdinance 768ORDINANCE NO.
768
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BEAUMONT, CALIFORNIA, AMENDING THE
BEAUMONT MUNICIPAL CODE FOR CURFEW FOR MINORS
THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: Rescission
Chapter 9.24 of the Beaumont Municipal Code (Ordinance No.
736 adopted November 22, 1993) is hereby repealed in its entirety.
Section 2: Curfew for Minors
The following new sections are hereby added to Chapter 9.24
of the Beaumont Municipal Code to read as follows:
9.24.010 Purpose and Intent
The City Council finds that a juvenile curfew ordinance
is necessary and desirable because the protection of minors
warrants a higher degree of governmental regulation. This
higher degree of regulation is premised upon the peculiar
vulnerability of children and minors' inability to make
critical decisions in an informed and mature manner. The
City recognizes a compelling interest in preserving the
safety of the community generally and providing a higher
degree of protection for its minors specifically during
nighttime hours.
9.24.020 Definitions
The following definitions are applicable to this
Ordinance:
1. "Curfew hours" means the period from 10:00
P.M. any night until 6:00 A.M. the following morning.
2. "Emergency" means unforeseen circumstances or
a situation that calls for immediate action. The term
includes, but is not limited to, an automobile accident,
fire or explosion, natural disaster or any condition
requiring immediate action to prevent bodily injury or
loss of life.
3. "Establishment" means any privately -owned
place of business operated for profit to which the
public is invited including, but not limited to, any
place of amusement or entertainment.
4. "Guardian" means (a) a person who, under court
order, is the guardian of the minor; or (b) a public or
private agency with whom a minor has been placed by a
court.
5. "Minor" means any person under eighteen (18)
years of age.
6. "Operator" means any individual, firm,
association, partnership or corporation operating,
managing or conducting any establishment.
7. "Parent" means a person who is a natural
parent, adoptive parent or step-parent of a minor.
8. "Responsible adult" means a person at least
eighteen (18) years of age and authorized by a parent or
guardian to have the care and custody of a minor.
9. "Public place" means any place the public or a
substantial group of the public has access and includes,
but is not limited to, streets, highway, common areas of
schools, hospitals, apartment houses, office buildings,
transport facilities and shops.
10. "Remain" means to (a) linger, stay or be
present; or (b) fail to leave the premises when
requested to do so by a peace officer, the owner,
operator or other person in control of the premises.
9.24.030 Offenses
It is unlawful for:
1. Any minor to remain in any public place or on
the premises of any establishment within the City during
curfew hours, or
2. Any parent or guardian of a minor to knowingly
permit, or by insufficient control allow, the minor to
remain in any public place or on the premises of any
establishment within the City during curfew hours, or
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3. Any owner, operator or employee of an
establishment to knowingly permit a minor to remain in
or upon the premises of an establishment during curfew
hours.
9.24.040 Defenses
A. It is a defense to prosecution of the above
offenses that the minor was:
1. accompanied by the minor's parent or guardian
or by a responsible adult;
2. on an errand at the direction of the minor's
parent or guardian or responsible adult, without detour
or delay;
3. in a motor vehicle involved in intrastate or
interstate travel;
4. engaged in employment, or going to or
returning home from employment, without detour or delay;
5. involved in an emergency;
6. on the sidewalk adjacent to the minor's
resident, providing the minor is not otherwise violating
the law;
7. attending an official school, religious or
other adult supervised recreational activity sponsored
by the City, a civic organization or other similar
entity that takes responsibility for the safety of the
minor, or going to or returning home from such an
activity, without detour or delay;
8. exercising First Amendment rights protected by
the United States Constitution, such as the free
exercise of religion, freedom of speech and the right to
assembly;
9. emancipated pursuant to law.
B. It is a defense to prosecution under Section
9.24.030(3) above, that the owner, operator or employee of an
establishment promptly notified the police department that a
minor was present on the premises of the establishment during
curfew hours and refused to leave.
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9.24.050 Enforcement
Before taking any enforcement action hereunder, a peace
officer shall ask the apparent offender's age and reason for
being in a public place or on the premises of an
establishment during curfew hours. The officer shall not
issue a citation or detain a minor under this ordinance
unless the officer reasonably believes an offense has
occurred and based upon the minor's response(s) and other
circumstances, no defense hereunder appears present or
applicable.
9.24.060 Penalties
Any person who violates a provision of this Chapter is
guilty of a separate offence for each day or part of a day
during which the violation is committed, continued or
permitted. Any person who violates the offenses described in
this Chapter shall be guilty of an infraction.
1. A first violation is punishable by a fine not
exceeding $100.00;
2. A second violation within one year is
punishable by a fine not exceeding $200.00;
3. Each additional violation within one year is
punishable by a fine not exceeding $500.00.
Section 3: Severability
If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason deemed or held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portion of this Ordinance. The City
Council of the City of Beaumont hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence,
clause, phrase or portion thereof, irrespective of the fact any
one or more sections, subsections, sentences, clauses, phrases or
other portions might subsequently be declared invalid or
unconstitutional.
Section 4: Effective Date
1997.
This Ordinance shall take effect 30 days after adoption.
MOVED, PASSED AND ADOPTED this
22nd day of September
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