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HomeMy WebLinkAboutOrdinance #480 O ORDINANCE NO. 480 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REGULATING THE PRESENCE i OF MINORS UNDER THE AGE OF 16 YEARS IN PUBLIC STREETS AND OTHER PLACES BETWEEN THE HOURS OF 10 P. M. and 5 A. M. , DEFINING DUTIES OF PARENTS OR OTHERS IN CARE OF MIN- ORS, PROVIDING .FOR ARREST AND PENALITIES FOR VIOLATIONS THEREOF. ` The City Council of the City of Huntington Beach, California, do ordian as follows: i Section 1: LOITERING OF MINORS PROHIBITED. It Y shall be unlawful for any minor under the age of 16 years to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, public building, places of amusement and entertainment or vacant lots, between the hours of 10 P. M1. and 5. A. M. of the following day, official city time; provided, however, that the provisions of this Section do not apply to a minor accompanied by C his or her parent , guardian, or other adult person having; the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent , guardian, or other adult person having the care and custody of the minor. Each violation of the provisions of this Section shall., constitute a separate offense. Section 2: RESPONSIBILITY OF PARENTS. It shall be unlawful for the parent , guardian, or other adult person having the care and custody of a minor under- the age of 16 years to knowingly permit such minor to loiter, idle, wander O -1- Ord. 480 \ C stroll , or play in or upon the public streets, highways, 1 roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment or vacant lots, between the hours of 10 P. M. . and 5 A. M. of the following day, official city time; provided, however, that the provisions of this Section do not apply when the minor is accompanied by his or her parent , guardian, or other adult person having the care and custody G of the minor, or unless the minor is upon an emergency errand or legitimate business directed by his or her parent , guardian, or other adult person having the care and custody of the minor. Each violation of the provisions of this Section shall constitute a separate offense. It shall not constitute a defense hereto that such G parent , guardian or other person having the care and custody of a. minor did not have knowledge of the presence of said minor in or upon any streets, alleys , public places , vacant lots or in violation of Section 1 hereof. Section 3: Every law enforcement officer is hereby authorized and empowered to demand from ahy person whom he C has reasonable cause to believe comes within the provisions or this ordinance and who is found loitering, idling, wan- dering, strolling or playing; in or upon the public streets, highways , roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement i and entertainment , vacant lots or other unsupervised places , C without his or her parents, guardian or other adult person -2- I Ord. 480 \ C having the care and custody of such person, between the i hours of 10 P. 1_':i• , and 5 A. M. of the following day, that such person give his or her name, address, parents ' names and furnish proof of his or her age or proof that he or she is upon an emergency errand or legitimate business directed by his or her parents, guardian or other adult person having the care and custody of such person, and upon G the failure of such person to give or furnish any or all of said information any such officer is hereby authorized and empowered to take such person into custody and take hire or her to his or her home, or communicate with his or her parents, guardian or other adult person having the care and custody of such person and demand the information herein- above required to be given. If such person so taken into custody is a person coming within the provisions of this C Ordinance , any such law enforcement officer is hereby authorized and empowered to demand of the parents , guardian or other adult person having the care and custody of such minor, that they take such minor to his or her home. The failure of any such parent, guardian or other adult person having the care and custody of such minor to furnish the C information hereinabove required or to take such minor home when so demanded by any such law enforcement officer is hereby declared to be a misdemeanor and shall be punished as hereinafter provided. Section 4: PENALTIES. Any minor violating the t provisions -of Sections 1 and 3 shall be guilty of misdemeanor Ord. 480 G aau shall be dealt with in accordance with Juvenile law and proceedure. Any parent, guardian, or other adult person having the care and. custody of a minor violating Section 2 & 3 shall be fined not less then fifteen ($15.00) dollars, nor more than fifty ( $50. 00) dollars, or confined in jail not more than tzrJenty-five ( 25) days, or punished by both said fine and imprisonment for each offense. C Section 5: SEPARABILITY OF PROVISIONS. It is the intention of the City Council that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City - I Council that if any provisions of this Ordinance be declared Invalid, all other provisions thereof shall remain valid and enforceable. SECTION 6: The City Clerk shall cert1& to the passage O of this Ordinance and shall cause the same to be published by i -- i one insertion in the Huntin^ton Beach News, a weekly newspaper prnted, _published and circulated in the City of Huntington Beach, and thereafter it shall be in force and effect. ,r i PASSED AND ADOP`i'ED IDy the City oun . 1 of the City of Huntington Beach, California, at a C meeting thereof held on the -� day of 21- , 1944. vULAYOR A`I'TE City Clerk r ^4 / Ord. 480 C STATE OF CALIFORNIA ) j County of Orange ) ss. City of Huntington Beach ) I , C. R. FURR, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex- officio Clerk of the City Council of said City of Huntington Beach, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach, is five; that the foregoi g rdinance was first read to said City Council at a � _ meeting thereof held on the Z7 day of , 1 4, and was again read to said City Council at a. ZZ-111 MEETING THEREOF HELD ON THE �_ day of _A_ , 1944) ,and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Counail G as follows: A S: Councilmen 14.4 r NOES: yCouncilmen i 1 ASSENT: Councilmen c City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California. -5- C I�