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Home My Public Portal AboutOrd. 1620ORDINANCE NO. 1620 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 3 OF THE MUNICIPAL CODE TO ADD A GENERAL LOITERING PROHIBITION AND TRUANCY BY MINORS PROHIBITION WHEREAS, the City Council (City Council) of the City of Lynwood (City) wishes to address loitering problems in the community and finds it appropriate to expand the loitering prohibition set forth at Section 3 -5 of the Lynwood Municipal Code to apply to additional areas in the City and to all persons, regardless of age; j WHEREAS, the City Council further finds that truant behavior is a problem in the community resulting in an increase in juvenile violence and criminal activity; and WHEREAS, the City finds that truant behavior is an indicator of future gang membership; and WHEREAS, the City finds that truant behavior leads to the failure of truant students to develop skills necessary to succeed in school; and WHEREAS, the City finds that truant behavior is one of the causes of the loss of millions of dollars in school funds; and WHEREAS, the City finds that it has an obligation to provide for the protection of the community; and WHEREAS, the City finds that it has an interest in making parents legally responsible over minor children and ensuring parents comply and enforce .school attendance rules and regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. The Lynwood Municipal Code is hereby amended by revising the title of Section 3 -11 to read as follows: SECTION.3 -11 LOITERING AND TRUANCY PROHIBITIONS Section 2. The Lynwood Municipal Code is hereby amended by amending Sections 3 -11.1 and 3 -11.2 to read as follows 3 -11.1 Juvenile Nighttime Curfew a. Unlawful: Except as set out in subsection b below, it is unlawful for any minor under the age of eighteen to remain in any public place or establishment within the city between the hours of ten p.m. and six a.m.. b. Exceptions: The provisions of subsection a do not apply when: 1. The minor is accompanied by his /her parent(s), legal guardian, or by his /her spouse who is eighteen years of age or older; 2. The minor is involved in an emergency; 3. The minor is attending, going to or returning home without any detour or stop from an official meeting, school activity, civic organization, educational, religious or recreational activity supervised by adults; 4. The minor is engaged in lawful employment activity or is going to or returning from a lawful employment activity without any detour or stop; 5. The minor is in a motor vehicle involved in interstate travel; 6. The minor is exercising his /her First Amendment rights, such as freedom of speech, right of assembly or free exercise of religion; 7. The minor is an "emancipated minor" as that term is defined in Family Code 7002. C. Definitions: The definitions set forth in Subsection 3 -11.2c are applicable to the words and terms used in this Subsection 3 -11.1. 3 -11.2 Juvenile Curfew During School Hours a. Unlawful: Except as set out in subsection b below, it is unlawful for any minor under the age of eighteen who is subject to compulsory education or the compulsory continuation education requirements to remain in any public place or establishment within the city between the hours of eight - thirty a.m. and one thirty p.m. or other hours as designated by the respective school district or school on days when school is in session. b. Exceptions: The provisions of subsection a do not apply when: 1. The minor is accompanied by his /her parent(s), legal guardian, or by his /her spouse eighteen years of age or older; 2. The minor's parent(s) or legal guardian has given minor permission to remain in a public place or establishment during curfew hours; 3. The minor is involved in an emergency; Section'3. The Lynwood Municipal Code is hereby amended by adding the following new Sections 3 -11.4 through 3 -11.6 to read as follows: Section 3 -11.4 Duty of Parent or Guardian Every parent, guardian or other adult person having legal care, custody or control of any minor under the age of eighteen years who knowingly aids, 'abets or encourages such minor described in Section 3 -11.1 or 3 -11.2 to violatetthe provisions of those sections is guilty of a misdemeanor. A violation of this' subsection shall also be considered a violation of Penal Code 272, punishable as provided by state law. Section 3 -14.5 Minor Curfew, Loitering or Willful Misconduct -Cost Recovery Authorization Pursuant to the provisions of the Welfare and Institutions Code, the City Council may adopt, by resolution, a procedure to recoup the law enforcement and other administrative costs of identifying, detaining and transporting minors who violate curfew or truancy provisions of this code to their places of residence and to recover those costs from the parent(s) or legal guardian(s) and from the minor(s) involved. Section 3 -11.4 Loitering a. In addition to the prohibitions set forth at section 3 -5, it is unlawful for any person to loiter or to stand or sit in or upon any street, sidewalk or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing along the same. b. It is unlawful for any person to loiter or to stand or sit in or at the entrance of any church, hall, theater or place of public assemblage so as in any manner to obstruct such entrance. C. Except when prohibited by Section 653b of the Penal Code,`or by any other state statute, every person who loiters about any school or public place at or near which schoolchildren attend is guilty of a misdemeanor. Section 4. If any section or provision of this Chapter or any part thereof is for any reason held to be unconstitutional the validity or effectiveness of the remaining portions of this Chapter shall not be affected. Section 5. The City Clerk shall certify to the adoption of this Ordinance'!and shall cause the same to be published as required by law. 4. The minor is attending, going to or returning home without any detour or stop from an official meeting, school activity, civic organization, educational, religious or recreational activity supervised by adults; 5. The minor is engaged in lawful employment activity or is going to or returning from a lawful employment activity without any detour or stop; 6. The minor is in a motor vehicle involved in interstate travel; 7. The minor is exercising his /her First Amendment rights, such as freedom of speech, right of assembly or free exercise of religion; 9. The minor is an "emancipated minor" as that term is defined in Family Code 7002. C. Definitions: 1. Emergency means one or more unforeseen circumstances or resulting state requiring immediate action, such as fire, natural disaster, accident or situation requiring immediate action to prevent or treat serious injury or loss to person or property. 2. Establishment means any privately owned place of business to which the public is invited including, but not limited to places of amusement or entertainment. 3. Guardian means a person ordered to be such by a court or a public or private agency with whom the minor has been placed. 4. Minor means any person under eighteen years of age. 5. Parent means a person who is a natural or adoptive or step- parent or someone at least eighteen years old authorized by a parent or guardian to have care, custody or control of the minor. 6. Public Place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of school, apartment houses, office buildings, transport facilities and shops. Section 6. This Ordinance shall be effective thirty (30) days following its;:, adoption. First read at a regular meeting of the City Council held on the 6th day of October, 2009 and adopted and ordered published at a regular meeting of said Council on the 20th day of October, 2009. PASSED, APPROVED, and ADOPTED this 20th day of October, 2009. i a3ee Maria T. Santillan, Mayor City of Lynwood s ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Gal Unte, City Attorney APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the ,City of Lynwood at a regular meeting held on the 20th day of October, 2009. i AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSENT: NONE ► ►o►= I Maria Quinonez, City Clerk J STATE OF CALIFORNIA )§ COUNTY OF LOS ANGELES ) I I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City,, Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No.1620 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 20th day of October, 2009 Maria Quinonez, City Clerk