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Home My WebLink About98-12 Curfew on MinorsORDINANCE NO. 98-12 AN ORDINANCE .OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER III OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO CURFEW ON MINORS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Costa Mesa,. California, does hereby find and declare as follows: WHEREAS, the City Council finds that a juvenile curfew ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation; and WHEREAS, this higher degree of regulation is premised upon the peculiar vulnerability of children and minors' inability to make critical decisions in an informed and mature manner; and WHEREAS, the City of Costa Mesa recognizes a compelling interest in preserving the safety of the community, generally, and providing a higher degree of , protection for its minors specifically during nighttime hours. Section 2. Chapter III of Title 11 of the Costa Mesa Municipal Code is hereby amended to read as follows: "CHAPTER III. CURFEW FOR MINORS. Sec. 1 1-51 . Definitions. The following definitions are applicable to this chapter: (a) Curfew hours means the period from 10:00 P.M. any night until 6:00 A.M. the following morning. (b) Emergency means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life. (c) Establishment means any privately -owned place of business operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment. (d) Guardian means (a) a person who, under court order, is the guardian of the minor; or (b) a public or private agency with whom a minor has been placed by a court. (e) Minor means any person under eighteen (18) years of age. (f) Operator means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. (g) Parent means a person who is a natural parent, adoptive parent or step-parent of a minor. (h) Responsible adult means a person at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. 2 was: (i) Public place means any place the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. (j) Remain means to (a) linger, stay or be present; or (b) fail to leave the premises when requested to do so by a peace officer, the owner, operator or other person in control of the premises. Sec. 11-51.5. Offenses. It is unlawful for: (a) Any minor to remain in any public place or on the premises of any establishment within the city during curfew hours, or (b) Any parent or guardian of a minor to knowingly permit, or by insufficient control, allow the minor to remain in any public place or on the premises of any establishment within the city during curfew hours, or (c) Any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of any establishment during curfew hours. Sec. 11-52. Defenses. (a) It is a defense to prosecution of the above offenses that the minor (1) accompanied by the minor's parent or 'guardian or by a responsible adult; M (2) on an errand at the direction of the minor's parent or guardian or responsible adult, without detour or delay; (3) in a motor vehicle involved in intrastate or interstate travel; (4) engaged in employment, or going to or returning home from employment, without detour or delay; (5) involved in. an emergency; (6) on the sidewalk adjacent to the minor's residence, providing the minor is not otherwise violating the law; (7) attending an official school, religious or other adult supervised recreational activity sponsored by the city, a civic organization or ,other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay; (8) exercising first Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; (9) emancipated pursuant to law; (10) the minor is in the military service of the United States. (b) It is a defense to prosecution under offense in Subsection (c) of Section 11- 51.5, above, that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. 4 Sec. 1 1-53. Enforcement. Before taking any enforcement action under this chapter, a peace officer shall ask the apparent offender's age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this chapter unless the officer reasonably believes an offense has occurred and, based upon the minor's response(s) and other circumstances, no defense under this chapter appears present or applicable. Sec. 11-54. Penalties. Any person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. -Any person who violates the offenses described in this chapter shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure." Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. s Section 4. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 4t' day of 1998. ATTEST: -1 City Cle of the City of Costa Mesa 6 APPROVED AS TO FORM: g--4 -� � City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 98-12 was introduced and considered section by section at a regular meeting of the City Council held on the 20th day of April, 1998, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 4th day of May, 1998, by the following roll call vote: AYES: Monahan, Erickson, Cowan, Somers NOES: None ABSENT: Buff IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 5th day of May, 1998. - Deputy City rk and ex -officio Clerk of the City Council of the City of Costa Mesa i7