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HomeMy WebLinkAboutOrdinances_2367ORDINANCE NO. 2367 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 9.24 OF THE REDLANDS MUNICIPAL CODE RELATING TO JUVENILE CURFEW WHEREAS, the City Council of the City of Redlands ("this City Council") is concerned with the level of juvenile violence, juvenile gang activity and juvenile crime in the City of Redlands; and WHEREAS, the crimes being committed by juveniles include serious offenses such as murders, drive -by shootings, drug -related crimes and other gang -related activities; and WHEREAS, juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang -related activities and to be victims of older perpetrators of crime; and WHEREAS, this City Council has been informed recent local statistics regarding juvenile crime and victimization indicate that enforcement of a curfew for juveniles decreases the percentage of juvenile victimization and increases the number of arrests for violent crimes during curfew hours; and WHEREAS, this City Council believes that having an enforceable juvenile curfew ordinance is critical to preserving the public health, safety and welfare within the Redlands community; NOW, THEREFORE, the City Council of the City of Redlands does ordain as follows: Section 1. That Chapter 9.24 of the Redlands Municipal Code is hereby repealed in its entirety and rewritten by the addition of new text to read as follows: "JUVENILE CURFEW 9.24.010 Definitions. 9.24.020 Curfew Restrictions. 9.24.030 Penalties. For purposes of this Chapter, the following words shall have the meanings ascribed to them: A. "Curfew hours" means the period from 10:00 p.m. any evening of the week, until 6:00 a.m. the following day. B. "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term incudes, but is not limited to, a fire, DJM3171LE 1 natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life. C. "Guardian" means (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court. D. "Minor" means any person under eighteen (18) years of age. E. "Parent" means a person who is a natural parent, adoptive parent or step-parent of another person. F. "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 schools, hospitals, apartment houses, office buildings, transport facilities and shops. G. "Responsible adult" means a person at least eighteen (18) years of age, authorized by a parent or guardian to have the care and custody of a minor. H. "Serious bodily injury" means 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, 9.24.020 Curfew restrictions. A. It is unlawful for any minor to be present in any public place or on the premises of any establishment within the City of Redlands during curfew hours. B. It is unlawful for any parent or guardian of a minor knowingly to permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the City during curfew hours. C. It is a defense to prosecution under Subsections 9,24.020(a) or (b) of this Chapter 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 the responsible adult, without any detour or stop; 3. in a motor vehicle involved in interstate travel; 4. engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; 5. involved in an emergency; DJM3171LE 2 6. on the sidewalk abutting the minor's residence; 7. attending an official school, religious or other recreational activity supervised by adults and sponsored by the City of Redlands, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official. school, religious or other recreational activity supervised by adults and sponsored by the City of Redlands, a civic organization or another similar entity that takes responsibility for the minor; 8. exercising First Amendment Rights protected by the United States Constitution; or 9. emancipated pursuant to law. D. Before taking any enforcement action under this Chapter, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any responses and other circumstances, no defense under Section 9.24.020 of this Chapter is present or applicable. E. Each violation of the provisions of this Chapter shall constitute a separate offense. 9.24.030 Penalty. Any person violating the provisions of Section 9.24.020 of this Chapter shall be guilty of a infraction; provided, however, that multiple violations of this Chapter may be prosecuted as a misdemeanor upon the exercise of prosecutorial discretion by the City Attorney. To the extent required by law, violations of this Chapter shall be processed in accordance with juvenile court law and procedure. Section 2. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with law. Mayor, City of Redla Attest: Cit Jerk DJM3 171LE 3 I, Lorrie Poyzer, City Clerk ordinance was duly adopted by day of December, 1997, by the AYES: Councilmembers NOES: None ABSENT: None ABSTAIN: None of the City of Redlands, hereby certify that the foregoing the City Council at a regular meeting thereof held on the 16th following vote: Banda, Gilbreath, George, Freedman; Mayor Cunningham CERTIFICATION 1, Lorrie Poyzer, City Clerk of the City of Redlands, California, do hereby certify that this is a true and correct copy of Ordinance Noel -Tel which has been published in the local newspaper pursuant to law. City CI City of Redlands, California 4