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Ordinance Number 983ORDINANCE NO. 983 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 9 OF TITLE 5 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING A CURFEW FOR MINORS AND AMENDING CHAPTER 7 OF TITLE 1 REGARDING MUNICIPAL CODE ENFORCEMENT OFFICERS THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREIN ORDAINS AS FOLLOWS: SECTION 1. Code Amendment. Chapter 9 (Loitering) of Title 5 (Public Welfare) of the San Juan Capistrano Municipal Code is hereby amended in its entirety and shall read as follows: CHAPTER 9. — CURFEW Article 1. -- Purpose, Intent, and Definitions Sec. 5-9.109. — Purpose and intent. Sec. 5-9.102. — Definitions. Sec. 5-9.101. — Purpose and intent. The purpose of this chapter is to protect youth from unlawful and corrupting influences, to reduce juvenile crime, and to promote the public health, safety and welfare of minors at night and during school hours without interfering with a youth's exercise of First Amendment or other rights under the United States Constitution. Sec. 5-9.102. — Definitions. For purposes of this chapter, the following terms have the following meanings: "City" means City of San Juan Capistrano. "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. 0983 "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 a court. "Minor" means any person under eighteen (18) years of age. "Nighttime curfew hours" means the period from 11:00 p.m, any evening of the week, until 5:00 a.m. the following day. "Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person. "Public place" means any place in the City of San Juan Capistrano to which the public has access and includes, but is not limited to, streets, highways, alleys and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, shopping centers, and malls. "Remain" means to linger or stay, or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. "Responsible adult" means a person at least eighteen (1.8) years of age, authorized by a parent or guardian to have the care and custody of a minor. "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. Article 2. — Nighttime Curfew Sec. 5-9.201. — Nighttime curfew restriction. Sec. 5-9.202. — Nighttime curfew exceptions. Sec. 5-9.201. — Nighttime curfew restriction. (a) It shall be unlawful for any minor to be present in any public place or on the premises of any establishment within the City during .nighttime curfew hours. (b) No parent or guardian of a minor shall knowingly permit, or by insufficient control, allow any minor to remain in any public place or on the premises of any establishment within the City during nighttime curfew hours. (c) No owner, operator or employee of any establishment shall knowingly allow a minor to remain upon the premises of the establishment during nighttime curfew hours. Sec. 5-9.202. — Nighttime curfew exceptions. 2 0983 (a) It is a defense to prosecution under Section 5-9.201 if the minor is: (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; (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 San Juan Capistrano, a civic or religious organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, any of the foregoing activities; (8) exercising First Amendment rights of speech or associational activity protected by the United States Constitution or civil liberties protected by the California Constitution, or going to or returning home from, without any detour or stop, any of the foregoing activities; or (9) travelling from an activity listed under Section 5-9.202(x) to another activity listed under Section 5-9.202(x), without any detour or stop; or (10) emancipated pursuant to federal or state law. (b) It is a defense to prosecution under Section 5-9.201(b) if the parent notified the police department that the minor was out during nighttime curfew hours without permission, or failed to obey the parents' order to stay home during nighttime curfew hours. (c) It is a defense to prosecution under Section 5-9.201(c) if 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. Article 3. — Reserved Article 4. — Enforcement of Violations and Penalties Sec. 5-9.401. — Enforcement. 3 0983 Sec. 5-9.402. — Failure of parent or guardian to take minor to safe place during curfew hours. Sec. 5-9.403. — Violation and penalty. Sec. 5-9.401. — Enforcement. (a) Every law enforcement officer is hereby authorized and empowered to demand from any person whom he or she has reasonable cause to believe is a minor who is violating this Chapter and does not come within the exceptions herein that such person give his or her name and address, and the name of his or her parent(s), guardian(s) or other responsible adult(s), if any, who has the care and custody of such person, and furnish proof of his or her age and that he or she comes within the exceptions herein. (b) If, after demanding the information described in subsection (a) above, the officer still has reasonable cause to believe the person is violating this Chapter and does not come within the exceptions herein, the officer is hereby authorized and empowered to take any or more than one of the following actions: (1) To issue a warning to such person and/or his or her parent(s) or guardian(s) about the consequences of violating this Chapter; (2) To take such minor into custody and transport him or her to his or her residence or to another place where he or she will be supervised by a responsible adult; (3) To communicate with the parent(s) or guardian(s) of such minor and demand from any of them the information described in subsection (a) above; (4) To communicate with the parent(s) or guardian(s) of such minor and demand of any of them that he or she take the minor to the minor's residence or to any place where the minor will be supervised by a responsible adult; (5) To issue to such minor a notice to appear before the Juvenile Court, a Juvenile Court referee or a juvenile traffic hearing officer, as appropriate; (6) To take such minor into temporary custody in accordance with Welfare and Institutions Code Sections 625 and 625.5, subject to Welfare and Institutions Code Section 207; (7) To take such other action or actions as are permitted by the laws of the State of California and are deemed necessary by the officer to safeguard the well being of such minor. 4 0983 (c) A law enforcement officer shall not take any of the enforcement actions described in subsection (b) above unless the officer reasonably believes that the person with respect to whom the action(s) is taken is violating this Chapter and, based upon any responses and other circumstances, has no defense hereunder. Sec. 5-9.402. — Failure of parent or guardian to take minor to a safe place during curfew fours. It is unlawful for any parent or guardian to fail to take a minor to his or her residence or to a place where he or she will be supervised by a responsible adult, when so demanded by any law enforcement officer in accordance with Section 5-9.401(b)(4). Sec. 5-9.403. — Violation and penalty. Any person violating the provisions of this Chapter shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars for a first violation, one hundred fifty for a second violation of the same provision within any twelve consecutive month period, and two hundred for a third violation of the same provision within any twelve consecutive month period. Any fourth and subsequent violation of the same provision of this Chapter within any twelve consecutive month period shall be a misdemeanor punishable by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. SECTION 2. Code Amendment. Subsection (a) of Section 1 (Officers authorized) of Chapter 5 (Enforcement) of Title 1 (General Provisions) of the San Juan Capistrano Municipal Code is hereby amended to read as follows: It shall be the duty of the City Attorney, the City Manager and those peace officers, officers or employees of the City who are appointed by the City Manager and designated as Code Enforcement Officials to enforce all of the laws of the City. SECTION 3. Code Amendment. The definition of "Enforcement Officer" in Section 2 (Definitions) of Chapter 7 (Administrative Citation) of Title 1 (General Provisions) of the San Juan Capistrano Municipal Code is hereby amended to read as follows: "Enforcement Officer" means any peace officer, officer, agent or employee of the City designated by the City Manager to have the authority and responsibility to enforce certain provisions of this Code pursuant to Section 1-5.01 of this Code. This official may also be referred to as an "Officer." SECTION 4. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or unenforceable by the decision of any court of competent jurisdiction, such decision shall. not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, 5 0983 subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 6. Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; 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 a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED, AND ADOPTED this 5th day of April, 2011. ,,SAM ALLEVATO MAYOR 6 0983. STATE OF CALIFORNIA } COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 983 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 15th day of March 2011 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 5th day of April 2011 by the following vote, to wit: AYES OUNCIL MEMBERS: Freese, Reeve, NOES OUNCIL MEMBERS: None ABSEN . 110MCIL MEMBERS: None =481rfm 4:1a;1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: Taylor, Kramer and Mayor Allevato AFFIDAVIT OF POSTING That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 21st day of March 2011, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 9 OF TITLE 5 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING A CURFEW FOR MINORS AND AMENDING CHAPTER 7 OF TITLE 1 REGARDING MUNICIPAL CODE ENFORCEMENT OFFICERS This document was posted in the Office of the (tyCler MAR",RRIS, ITY CLERK San J Capistr o, California 7 0983 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 12h day of April 2011 1 caused to be posted a certified copy of Ordinance No. 983, adopted by the City Council on April 5, 2011 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 9 OF TITLE 5 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING A CURFEW FOR MINORS AND AMENDINCHAPTER 7 OF TITLE 1 ORC REGARDING MUNICIPAL CODE ENF,'FIT OFFICERS This document was posted in the Office of the Citi/ql 'k MARK'; ffR�IS, CITY San Ju I Capistrano, C 8 0983