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HomeMy WebLinkAboutNS-2360 - Adding Sections to Santa Ana Municipal Code to Prohibit any Minor from Remaining in Any Public Places Between Hours of 10pm 6:00am With Certain Exceptions'174 ORDINANCE NO. NS -2360 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTIONS 10-181 THROUGH 10-186 TO THE SANTA ANA MUNICIPAL CODE TO PROHIBIT ANY MINOR FROM REMAINING IN ANY PUBLIC PLACE BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M. WITH CERTAIN EXCEPTIONS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding sections 10-181 through 10-188. Sec. 10-181. Night time Curfew; Purpose and Intent (a) The City Council finds and determines as follows: 1. The City of Santa Ana, under the police power delegated to it by the Constitution of the State of California, has the authority to enact legislation when the potential exists for jeopardy to the public health, safety and general welfare of its citizens. 2. The Council of the City of Santa Ana is concerned with the level of juvenile violence, juvenile gang activity, juvenile crime in the City of Santa Ana. 3. The crimes committed by juveniles include serious offences such as murders, drive-by shootings, drug related crimes and other gang related activity. 4. The ability to make reasoned judgements, resist peer pressure and understand the consequences of improper conduct increase with age, knowledge and experience, all of which are likely to increase as a person grows older, therefore the justification of the application of the curfew to minor's, but not adults. 5. Juveniles are particularly susceptible, by their lack of maturity and experience, to participation in unlawful and gang related activities and to be victims of older perpetrators of crime. 6. Recent local statistics regarding juvenile crime and victimization indicate that enforcement of a curfew for juveniles decreases the percentage of juvenile victimization and increases the number of arrests for violent crimes during curfew hours. 175 SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 10-182, which said section reads as follows: Sec. 10-182. Definitions - Night time Curfew As used in sections 10-181 through 10-188 of this Code, the following words shall have the following meanings: "Curfew Hours" means the period from 10:00 p.m. any evening of the week, until 6: a.m. of the following day. "Direcf' means without stop or delay. "Emergency" means any unforseen event or combination of circumstances or the resulting state that calls for immediate attention. The term includes, but is not limited to, automobile accidents, fire, natural disaster, or any situation requiring immediate attention to prevent serious bodily injury or loss of life. "Establishment(s)" means any privately owned place of business operated for profit to which the public is invited, and includes but is not limited to any place of amusement or entertainment. "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 the minor has been placed by the court. "Minor" means any person who has not attained the age of eighteen (18) years. "Operator" means any individual, or finn, association, pamaership or corporation operating, managing, or conducting any establishment. "Parent" means the person who is a natural parent, adoptive parent, or step-parent of another person. "Public Place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, theaters, and shops. "Remain" means to (1) linger, sojourn, wait or stay; or (2) fail to leave premises when requested to do so by a police officer, park ranger, or the owner, operator, or person in control of the premises. "Responsible Adult" means a person at least eighteen (18) years of age, authorized by a parent or guardian to have the care and custody of a minor. "Serious Bodily Injury" means bodily ~njury that creates a substantial risk of death or that causes death, serous permanent disfigurement or protected loss or impairment of the function of any bodily member or organ. 2 1"/6 SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 10-183, which said section reads as follows: See. 10-183. Night time Curfew Restrictions (a) It is unlawful for any minor to be present and/or remain in any public place or on the premises of any establishment within the City of Santa Ana during curfew hours. (b) It is unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control, allow the minor to be present in any pubic place or on the premises of any establishment within the City of Santa Ana during curfew hours. (c) It is a defense to prosecution under Section 182(a), or (b) that the minor was: (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 responsible adult, without any detour or stop; (3) involved in an emergency; (4) engaged in employment activity, or going to or returning from an employment activity, without any detour or stop; (5) in a motor vehicle involved in interstate travel; (6) on a sidewalk abutting the minor's residence; (7) exercising First Amendment rights protected by the United States Constitution; (8) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Santa Aha, a civic organization, or another similar entity that takes responsibility for the minor; (9) engaged in reasonable and direct travel to and from those activities described in subparagraphs 1-8; (10) emancipated pursuant to law; or (11) in the military service of the United States. SECTION 4: That the Santa Aha Municipal Code is hereby amended by adding a section to be numbered 10-184, which said section reads as follows: Sec. 10-184. Same- separate violation/classification of offense Each violation of the provisions set forth herein shall constitute a separate offense and may be classified as an infraction. 177 SECTION 5: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 10-185, which said section reads as follows: See. 10-185. Night time Curfew - Duty ofpollee. Before taking any enforcement action under this section, a police officer or park ranger shall ask the apparent offenders age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred, and that, based on any responses and other circumstances, no defense is present or applicable under 10-182 Co) (1) through (10). SECTION 6: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 10-186, which said section reads as follows: Sec. 10-186. Same- Severability If any section, subsection, sentence, clause, phrase or portion of this ordinances is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this ordinance. The City Council of the city of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 7: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 10-187, which said section reads as follows: Sec. 10-187. Same - Violation - Penalty A. Notwithstanding any other provision of this code, when a person subject to this chapter is charged with a violation thereof, and a peace officer issues notice to appear in any court to that minor, the charge shall be deemed to be an infraction. B. Any person convicted of willfully violating this ordinance is guilty of an infraction punishable by a fine not exceeding $250.00, or equivalent community service as determined by the court. SECTION 8: That the Santa Aha Municipal Code is hereby amended by adding a section to be numbered 10-188, which said section reads as follows: 4 Sec. 10-188. Effect of Adoption Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner effect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as effecting any of the provisions of such ordinance relating to the collection of any such license, penalty or the penal provision applicable to any violation thereof, nor to effect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all fights, obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 20eh day of ,'rnl ir ,1998. ATTEST: ~M~yguel A. Pu~ido or COUNCIL MEMBERS; Pulido Aye Richardson Aye Espinoza Absent Franklin Aye Lutz ~ McGuigan Aye Moreno Absent APPROVED AS TO FORM: F1 chef 5 179' Ordinance No. NS-2360 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. A,'..q' '-;1. :3-d, o to be the original ordinance adopted by the City Council of the City of Santa Ana on '~/->~/o~g- ; and that said ordinance was published in accordance with the Charter of {~e Cit~ of Santa Ana. Date: '7/~. ~/q ~' Clerk of thee ~6 ' ~SantarSAn '~