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HomeMy WebLinkAboutOrdinance #3865 ORDINANCE NO. 3865 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.68 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO CURFEW The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 9.68.010 of the Huntington Beach Municipal Code is hereby amended to read as follows: 9.68.010 Definitions. For the purposes of this chapter,the following words and phrases shall have the meaning hereafter set forth unless a different meaning is clearly intended from the context in which such word or phrase is used. Any word or phrase not herein defined shall have the meaning attributed to it in ordinary usage. 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 eighteen(18)years of age. 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, adopting parent, or step-parent of another person; or (b) a person at least eighteen (18) years of age and authorized in writing by a parent or guardian to have the care and custody of a minor. 09-2223/41321 1 Ordinance No. 3865 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. SECTION 2. Section 9.68.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 9.68.030 Responsibility of Parents. A parent or guardian of a minor commits a misdemeanor 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 unaccompanied by parent or guardian. SECTION 3. Section 9.68.060 of the Huntington Beach Municipal Code is hereby amended to read as follows: 9.68.060 Enforcement. 1. Every law enforcement officer is authorized and empowered to demand from any person whom he or she 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 or her name, address and parents or guardian, 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 or administrative citation and/or taken into custody and transported to: (a) Huntington Beach Police Department; 09-2223/41321 2 Ordinance No. 3865 (b) Juvenile's residence if it is nearby and a parent or guardian will be available to take custody of the juvenile; or (c) 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 the Penal Code provision. SECTION 4. Section 9.68.070 of the Huntington Beach Municipal Code is hereby amended to read as follows: 9.68.070 Parents to take custody of minor. 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 request_the parents, guardian or other adult person having the care and custody of such minor that they take custody of the minor. 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. SECTION 5. Section 9.68.080 of the Huntington Beach Municipal Code is hereby deleted in its entirety. SECTION 6. Section 9.68.090 of the Huntington Beach Municipal Code is hereby deleted in its entirety. SECTION 7. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of February , 2010 M ATTEST: APPROVED AS TO FORM: ry City Clerk V Ci y Attorney 1 9wo REVI D APPROVED: INITIATED AND APPROVED: Cfly Adkinistrator Chief of Police 09-2223/41321 3 Ord. No. 3865 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, 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 a regular meeting thereof held on February 1, 2010, and was again read to said City Council at a regular meeting thereof held on February 16,2010, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on February 25,2010. In accordance with the City Charter of said City m � Joan L. Flynn,City Clerk C Clerk and ex-officio Oferk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California