HomeMy WebLinkAboutOrdinance #3282 ORDINANCE NO. 3282
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 9.68 OF THE HUNTINGTON BEACH MUNICIPAL
CODE PERTAINING TO CURFEW FOR MINORS
The City Council of the City of Huntington Beach does ordain as follows:
SECTION 1. That Chapter 9.68 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
Chapter 9.68
CURFEW
Sections:
9.68,010 Definitions
9.68.020 Curfew-Prohibited Conduct
9.68.030 Responsibility of Parents
9.68.040 Responsibility of Establishments
9.68.050 Exceptions
9.68.060 Enforcement
9.68.070 Parents to take minor home
9.68.080 Civil Penalties for Failure to Control Minor
9.68,090 Hearing
9.68.100 Remedy Cumulative
9.68.110 Nuisance
9.68.120 Severability
9.68.010 Definitions.
Emergency Means an unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not limited
to, a fire, a natural disaster, an automobile accident, or any situation
requiring immediate action to prevent serious bodily injury or loss of life.
Establishment Means any privately owned place of business operated for a profit to
which the public is invited, including but not limited to any place of
amusement or entertainment.
Guardian a) Means a person who, under court order, is the guardian of the
person of a minor; or
(b) a public or private agency with whom the minor has been placed
by a court.
Minor
(Juvenile) means any person under the age of 18 years of age.
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Officer Means a police officer, deputy sheriff, or other law enforcement agency
officer.
Operator Means an individual, firm, association, partnership, or corporation
operating, managing or conducting any establishment. The term
includes the members or partners of an association or partnership and
officers of a corporation.
Parent Means a person who is:
(a) a natural parent, adoptive parent, or step-parent of another
person; or
(b) a person at least 18 years of age and authorized in writing by a
parent or guardian to have the care and custody of a minor.
Public Place Means any place to which the public or a substantial group of the public
has access and includes, but not limited to, streets, highways, and
common areas of schools, hospitals, apartment houses, office buildings,
transport facilities, theaters, game rooms, shops, shopping malls or any
other place for the sale of merchandise and business.
Street Means a way or place, of whatever nature, open to the use of the public
as a matter of right for purpose of vehicular travel or in the case of a
sidewalk thereof for pedestrian travel. The term "street" includes the
legal right-of-way, including but not limited to the traffic lanes, curb,
sidewalk, whether paved or unpaved, and any grass plots or other
grounds found within the legal right-of-way of a street. The term "street"
applies irrespective of what the legal right-of-way is formally named or
called, whether alley, avenue, court, road or otherwise.
Remain Means to.-
(a) linger or stay; or
(b) fail to leave premises when requested to do so by an
officer or the owner, operator, or other person in control of
the premises.
Youth/Curfew
Temporary
Holding Facility Means a public facility for the temporary detention of juveniles found to
be in violation of curfew ordinances and other at risk situations that can
be detrimental to the Juvenile's safety and welfare.
9.68.020 Curfew- Prohibited Conduct A minor commits a misdemeanor if he/she
remains, walks, runs, stands, drives or rides about, in or upon any public place or on the
premises of any establishment within the city between the hours of 10:00 p.m. and 6:00 a.m.
of the following day, Pacific Standard time.
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9.68.030 Responsibility of Parents A parent or guardian of a minor is subject to the penalties
set forth in Section 9.68.080 herein if he/she knowingly permits or allows the minor to remain,
walk, run, stand, drive or ride about in or upon any public place or on the premises of any
establishment open to the general public within the city during curfew hours.
9.68.040 Responsibility of Establishments The owner, operator, or any employee of an
establishment commits misdemeanor if he/she knowingly allows a minor to remain, walk, run,
stand, drive or ride about in or upon any public place within his or her control or on the
premises of any establishment within his or her control within the city during curfew hours.
9.68.050 Exceptions
1. The provisions of this chapter do not apply when the minor is:
(a) accompanied by the minor's parents or guardian;
(b) on business at the direction of the minor's parent or guardian, without any
detour or stop;
(c) engaged in employment activity, or going to or returning home from an
employment activity, without any detour or stop;
(d) is rendering aid in an emergency; is in need of aid due to an emergency or is
prevented from movement by an emergency situation. In cases of reasonable
necessity and of such urgency that the parent, guardian, custodian, or other
responsible person is unable to accompany the minor. The written
communication from the parent, guardian, custodian or other responsible person
which shall state:
1. The name, address and telephone number of such child;
2. The name, address and telephone number of the parent, guardian, or
custodian for the child;
3. The height, weight, sex, color of eyes and hair, and other relevant
physical characteristics of such child; and
4. A brief description of the employment, errand or emergency at a
designated time for a described purpose including points of origin and
destination;
(e) on the sidewalk abutting the minor's residence or abutting the residence of a
next-door neighbor if the neighbor did not complain to the police department or
county sheriff's office about the minor's presence;
(f) attending an official school, religious, or other recreational activity supervised by
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adults or sponsored by the City of Huntington Beach, a civic organization, or
another similar entity that takes responsibility for the minor, or going to or
returning home without any detour or stop, from an official school, religious, or
other recreational activity supervised by adults or sponsored by the City of
Huntington Beach, a civic organization, or another similar entity that takes
responsibility for the minor.
2. The provisions of this chapter do not apply when the owner, operator, or employee of
an establishment promptly notified the Huntington Beach Police Department that a
minor was present on the premises of the establishment during curfew hours and
refused to leave.
3. Emergency Exception. When a minor is engaged in an activity described in
section (b), (c) or (d) above and he/she must have in his or her possession, if
practicable, a written statement signed by the parent or guardian, which states that the
activity is at the direction of the parent, guardian, custodian, or other responsible
person or a family member and describes the nature of the activity.
9.68.060 Enforcement.
1. Every law enforcement officer is authorized and empowered to demand from any
person whom he has reasonable cause to believe comes within the provisions of this
chapter and who remains, walks, runs, stands, drives or rides about in or upon any
public place or on the premises of any establishment within the city, without his or her
parents or guardian, during curfew hours, that such person give his name, address and
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 or guardian.
2. Juveniles who are found to be in violation of the curfew ordinance may be issued a
Municipal Court citation and/or taken into custody and transported to:
(a) Youth/curfew Temporary Holding Facility;
(b) Huntington Beach Police Department;
(c) Juvenile's residence if it is nearby and a parent or guardian will be available to
take custody of the juvenile; or
(d) Release in the field at the officers discretion - if placement or parental contact
cannot be made, or parent refuses assistance.
3. A parent or guardian who knowingly permits a minor over whom he or she has control
to violate this ordinance, shall be subject to the provisions of Section 272 of the
California Penal Code and may be charged with violating that Penal Code provision.
9.68.070 Parents to take minor home. If a minor taken into custody is a minor coming
within the provisions of this chapter, any such law enforcement officer is authorized and
empowered to demand of the parents, guardian or other adult person having the care and
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custody of such minor that they take such minor to his or her permanent or temporary
residence within the state, whether the place of residence is located within or without the
jurisdiction of the governing body. Refusal on the part of the parent or guardian to accept a
minor for whom the parent or guardian is responsible shall be a MISDEMEANOR.
9.68.080 Civil Penalties for Failure to Control Minor,
1. Every parent or legal guardian who, by any act or omission, or by threats, contributes
to, or induces or endeavors to induce any dependent child to fail or refuse to conform
to any lawful order of law enforcement personnel or this Code concerning curfew, shall
be subject to a civil penalty. For purposes of this Section, a parent or legal guardian to
any minor shall have the duty to exercise reasonable care, supervision, protection and
control over their minor child.
2. Upon the first violation of this ordinance, the law enforcement officer shall issue to the
minor a warning citation regarding the consequences of a second violation of the
ordinance. A designated representative of the Chief of Police shall mail to the parent
or legal guardian of the minor a notification that states that upon a second violation, the
parents or legal guardian may be held liable for actual administrative and transportation
costs, and that requires the parents or legal guardians to sign and return the
notification. This notification shall include a space for the explanation of any
circumstances relevant to an applicable exemption from the fee. This explanation shall
be reviewed by a designated representative of the police department.
3. A fee for the actual costs of administrative and transportation services for the return of
the minor to his or her place of residence, or to the custody of his or her parents or
legal guardian or any other place to which the minor is taken by the law enforcement
officer may be charged jointly or severally to the minor, his or her parents, or legal
guardian, in an amount not to exceed those actual costs.
9.68.090 Hearing Upon petition of the person required to pay the fee, the city shall conduct
a hearing as to the validity of the fees charged, and may waive payment of the fee by the
minor, his or her parents or legal guardian, upon a finding of good cause. Good cause shall
mean that the person has made reasonable efforts to exercise supervision and control over
the minor, that the fee may be waived if neither the minor nor the parents or legal guardian has
the ability to pay the fee; that the minor or parents will perform community service in lieu of
imposition of the fee and that the parents or legal guardian has limited physical or legal
custody and control of the minor.
9.68.100 Remedy Cumulative. The remedies provided in this chapter are in addition to
the remedies and penalties available under the Huntington Beach Municipal Code and all other
laws of the state.
9.68.110 Nuisance. It shall be deemed a public nuisance for any minor to remain, walk, run,
stand, drive or ride about, in or upon any public place or on the premises of any establishment
within the city between the hours of 10:00 p.m. and 6:00 a.m.
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9.68.120 Severabilitv If any section, subsection, phrase or clause of this section is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portion
of this section. The City Council declares that it would have adopted this ordinance and each
section, subsection, phrase or clause thereof irrespective of the fact that any one or more
sections, subsections, sentences, phrases or clauses be declared invalid.
SECTION 2. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 15th day of Mav 995.
r
ATTE : Mayor
Z&rwzz' 44e APPROVED AST FORM:
City Clerk
ait , -
REVIEWED AND APPROVED City Attor -y
INITI D AND APPRO
City Administrator
P lice Chief
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Ord. No. 3282
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven;that the foregoing ordinance was read to said City Council
at an regular meeting thereof held on the 1 st of May, 1995, and was again read to said
City Council at a re ular meeting thereof held on the 15th of May, 1995, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Councilmembers:
Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
i
F
rockway CITY CLERK of the City of
Beach and ex-oticio Gterk of the a+ty
hereby car�iy that a synopsis of this
as been pu4�shed in the Daily Pilot on City Clerk and ex-officio Clerk
t i -�—� of the City Council of the City
s i= i'; C.ty Charter of said City.onnie_ �ro�.kwa - of Huntington Beach, California
City Clerk
pity City Cork
G/kw/indexeslordbkpg
5/16/95