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Home My WebLink About1997-07-22; City Council; NS-415; CMC 8.04 add - Parental Responsibility Law...0 0 1 2 3 4 5 6 7 8 9 10 11 12 9a Yr mu? rrrrcb '3 ang d?tm 14 $054 2;s. ti-> eg k$ Cy: Onu 15 $E$z 16 zuma 17 18 19 20 21 22 23 24 25 26 27 28 UOJ 0 ORDINANCE NO. NS-415 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING TITLE 8, CHAPTER 8.04 OF THE CARLSBAD MUNICIPAL CODE AND ADDING A NEW CHAPTER 8.04 IMPLEMENTING THE PARENTAL RESPONSIBILITY LAW WHEREAS, the City of Carlsbad, pursuant to the police pow€ delegated to it by the California Constitution, has the authority to enact laws whi promote the public health, safety and general welfare of its citizens; and WHEREAS, the City of Carlsbad has determined that the incidents delinquency, juvenile violence and the commission of crimes in which juveniles i involved as victims is magnified in both seriousness and volume during late-nil hours; and WHEREAS, the City Council has further determined that persc under the age of (18) eighteen years are, by virtue of their lack of maturity i experience, susceptible to criminal behavior, particularly during late-night hol and WHEREAS, it is the conclusion of the City Council that the exercisc parental authority is the most effective means of preventing the commissior crimes by juveniles in the absence of adequate parental supervision, and that ordinance is necessary to more actively encourage and support the exercisl parental supervision, and that the City of Carlsbad has the duty to enact rneasl for the protection of juveniles and the general public; and WHEREAS, in the performance of such duty, the City of Carlsbad previously enacted and historically enforced a late-night curfew applicabl juveniles; and i I I 1 I e 0 1 2 3 4 5 6 7 8 9 10 11 WHEREAS, on June 9, 1997, the United States Court of Appeals f the Ninth Circuit ruled that a juvenile curfew ordinance, substantially similar to th enacted by the City of Carlsbad, was unconstitutional, which ruling became final ( June 30, 1997; and WHEREAS, the City of Carlsbad is currently without a prope enforceable juvenile curfew measure; and WHEREAS, the City Council has determined that it would be higl detrimental to the welfare of the community to be without the protection of a juver curfew and that it is necessary to enact a constitutionally enforceable juver curfew, as an urgency ordinance to become effective immediately, for I 12 om ;$; 13 408 i%u% ow2 protection and preservation of the public health, safety and welfare; and WHEREAS, it is the determination of the City Council that 1 iUU $054 14 ci->g ZAZ p3 Z%j 17 proscribing the late-night presence of a juvenile in certain defined public plal oak 15 measure set forth herein, to be known as the “Parental Responsibility Law” 8 Z 2 x 16 Carlsbad, corrects the constitutional defects of the pre-existing ordinance by cle; 9 I ai <>a4 Zum a01 0 - 18 19 20 21 22 23 24 25 26 27 28 while, at the same time, recognizing and preserving the constitutional rights juveniles and their parents; and WHEREAS, this ordinance is adopted pursuant to Government Cc section 36937 allowing the adoption of such urgency ordinance to take ef immediately to ensure the immediate preservation of the public peace, he; safety and welfare in the City of Carlsbad; and WHEREAS, it is the intent of the City Council to extend this intc ordinance until the Parental Responsibility Law ordinance is considered and a1 upon in due course. 2 /I 0 0 1 2 3 4 5 6 7 8 9 10 11 “E am Yr UrrA an8 (Jug 3UU $044 d->U gll= goo2 ma2 SL%a OZJ? KrrKO aoA Go ps ow EX 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, the City Council of the City of Carlsbad dol ordain as follows: SECTION I: That Title 8, Chapter 8.04 of the Carlsbad MuniciF Code is amended by the addition of a new Chapter 8.04 “Parental Responsibil Law”, to read as follows: “Chapter 8.04 Parental Responsibility Law Sections: 8.04.01 0 Purpose and Intent. 8.04.020 Definitions. 8.04.030 Prohibition; Juvenile. 8.04.040 Prohibition; Adult. 8.04.050 Exceptions. 8.04.060 Violations. 8.04.010 Purpose and Intent. By enacting curfew regulations wl- apply to juveniles and the parents of juveniles, the City Council intends to prese and promote the peace of the community, as well as the safety and welfare juveniles, during the late-night hours. In the course of adopting this chapter, City Council has considered and relied upon testimony which proves effectiveness of a curfew in promoting such purposes. The City Council i recognizes that such regulations must protect the public interest without infrinc upon certain fundamental rights of juveniles and their parents. This cur measure is intended to reach a reasonable balance between said interests., SI balance is achieved by application of the principle that parental responsibility for conduct of a juvenile is paramount to the exercise of regulatory authority by City. Only in the absence of the exercise of parental authority over a juvenile the enforcement of this curfew measure become necessary. Accordingly, chapter shall be entitled the “Parental Responsibility Law” of the City of Carlsbad 8.04.020 Definitions. (a) “Curfew Hours” means the hours between 1O:OO p.m. and ( half hour before sunrise of the following day. (b) “Public Place” means any place to which any member of public has access, including, but not limited to, any public right-of-way, pt grounds, public parks and beaches, dedicated open or trail space, or any privz owned land that is unsupervised and is open and generally available to the pu including but not limited to, vacant lots, the parking lots and the common arer schools, hospitals, apartment houses, office buildings, housing compk shopping centers, and malls. (c) “Guardian” means (1) a person who, under court order, is i 3 e 0 1 2 3 4 5 6 7 8 9 10 11 00, Yr Krrh <az oug 5UU 2055 &$$ 000B *;sz OZJO K~5n 003 Lam gz5 GO st+ zwv) <=A 12 13 14 15 16 17 18 19 20 21 22 23 24 25 guardian of the person of a juvenile, or (2) a public or private agency with which t court has placed a juvenile. (d) “Juvenile” means any person under the age of (18) eighteen. (e) “Parent” means a person who is a natural parent, adoptive pare or step-parent of a juvenile. (f) “Responsible Adult’’ means the parent, guardian, or adult person least (18) eighteen years old having the responsibility for the care, custody, a control of the subject juvenile. 8.04.030 Prohibition: Juvenile. No juvenile shall be present in E public place during curfew hours. 8.04.040 Prohibition: Adult. No responsible adult shall knowin permit, or by insufficient control allow a juvenile to be present in any public plz during curfew hours. 8.04.050 ExceDtions. The prohibitions described in Sectic 8.04.030 and 8.04.040 above shall not apply to any juvenile who, in the alternati is: (a) accompanied by his or her responsible adult; (b) engaged in or directly en route to or from an employm (c) engaged in any emergency or act of mercy; (d) present at a public place abutting the juvenile’s residence; (e) present at any privately owned building or structure gener committed to a business or trade which is open to and serves minors, or going tc returning from said privately owned building or structure without detour or stop; (9 attending or directly en route to or from a school sponsor religious, or recreational activity supervised by at least one responsible adult i sponsored and conducted by the City of Carlsbad, a civic organization, pu agency, charitable organization, religious entity, or another similar entity or per: that takes responsibility for the juvenile; (9) exercising First Amendment Rights protected by the Uni States or California State Constitutions, or exercising said right as part of organized event with the consent of their responsible adult. activity; 8.04.060 Violations. Any juvenile or adult who violates any of provisions of this chapter is guilty of an infraction except for the fourth of E additional violation of a provision within one year which shall be a misdemear Penalties for a violation of this chapter shall be as designated in Section 1.08. of this Code.” SECTION II: This urgency ordinance shall take effect immedi: 26 11 upon adoption. 27 28 i 4 0 0 1 2 3 4 5 6 7 8 9 10 11 DECLARATION OF URGENCY: This ordinance is hereby declar to be an urgency ordinance adopted as an emergency measure to protect 1 public health, safety and welfare pursuant to Government Code section 36937 and shall take effect immediately upon its adoption. The facts constituting i urgency are those set forth above and represent a current and immediate threal the public health, safety or general welfare of the citizens of Carlsbad. EFFECTIVE: This urgency ordinance shall be effective immediai upon passage and shall be of no further force and effect as of the date of adopt of the Parental Responsibility Law ordinance. I SEVERABILITY CLAUSE: If any section, subsection, sentence, 12 Qm 3uE a> &em 13 uw$j u->g c=!z or unconstitutional by the final decision of any court of competent jurisdiction, su( E:? clause, phrase or part of this urgency ordinance is for any reason held to be inva an8 5UU 14 $044 OnL 15 decision shall not affect the validity of the remaining parts of this urgency ?$$ $2: 17 ordinance and each section, subsection, sentence, clause, phrase or part thereo O ““2D z J - 16 ordinance. The City Council hereby declares that it would have adopted this aoJ 5 - 18 19 20 21 22 23 24 25 26 27 28 irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, phrases or parts are declared invalid or unconstitutional. Ill/ Ill/ Ill1 Ill/ Ill/ /Ill Ill1 5 I/ !I 4B e 1 2 3 4 5 6 7 PASSED, APPROVED AND ADOPTED at a regular meeting of t City Council of the City of Carlsbad on the 22nd day of July by the following vote, to wit: , 19c AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, an NOES: None ABSENT: None I 8 9 APPROVED AS TO FORM AND LEGALITY 10 &n.L 11 12 RONALD R. BALL, City Attorney 3.23.9 9. n su; zsm 13 dou8! an8 2055 cd= uc>g E: 82" 15 Jka 14 S&%$ ATTEST: g$$z- 0 16 LS aoA pz 0 l7 b- 4.2- ALETHA L. RAUTENKRANZ 18 19 20 21 22 23 24 25 26 27 28 City Clerk ~ 6 I