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Home My WebLink About1997-08-05; City Council; NS-416; CMC 8.04 repeal/add - Parental responsibility law...* 1 a 0 1 I1 ORDINANCE NO. NS-416 2 3 4 5 6 7 1 AN 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 wt 8 promote the public health, safety and general welfare of its citizens; and 9 WHEREAS, the City of Carlsbad has determined that the incident! lo delinquency, juvenile violence and the commission of crimes in which juveniles l1 // 12 om $yz && 13 2055 14 :;Q an8 ow2 .CAE dU, K-> OoB 15 g$zg- 16 zwcn 00s Law 401 ps l7 0 18 involved as victims is magnified in both seriousness and volume during late-n hours; and WHEREAS, the City Council has further determined that persl 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 exercisl 19 parental authority is the most effective means of preventing the commissior 20 crimes by juveniles in the absence of adequate parental supervision, and that 21 22 ordinance is necessary to more actively encourage and support the exercist 23 parental supervision, and that the City of Carlsbad has the duty to enact measl 24 for the protection of juveniles and the general public; and 25 WHEREAS, in the performance of such duty, the City of Carls 26 has, in the past, enacted and historically enforced a late-night curfew applicabl 27 28 juveniles; and I e 0 1 2 3 4 5 6 7 8 9 10 11 00, 2ZL-h an8 dLL, UU&y $044 0”oB artga: <;$? OZJO Fsl zq a> 3UF >-I2 zwcn a:a:zn a01 60 WHEREAS, on June 9, 1997, the United States Court of Appeals the Ninth Circuit ruled that a juvenile curfew ordinance, substantially similar to ’ enacted by the City of Carlsbad, was unconstitutional; and WHEREAS, said ruling became final on June 30,1997; and WHEREAS, it is the determination of the City Council that measure set forth herein, to be known as the “Parental Responsibility Law’ Carlsbad, corrects the constitutional defects of the pre-existing ordinance by cle proscribing the late-night presence of a juvenile in certain defined public pla while, at the same time, recognizing and preserving the constitutional right: juveniles and their parents. 12 13 14 The City Council of the City of Carlsbad does ordain as follows: SECTION I: That Title 8, Chapter 8.04 of the Carlsbad Munic 15 16 Law”, to read as follows: Code is amended by the addition of a new Chapter 8.04 “Parental Responsib 17 “Chapter 8.04 18 19 20 21 22 23 24 25 26 27 28 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 wf- 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 infrinf upon certain fundamental rights of juveniles and their parents. This cur 2 II I 1 2 3 4 5 6 7 8 9 10 11 12 Om yz CcrA aaz 0Lug SO-jQ dUC3 &->a: gA= 0000, J 0 ai SL%a OZJO “C40 Ls ki$ 40-1 ZZ$ G 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ l e 0 measure is intended to reach a reasonable balance between said interests., Suc balance is achieved by application of the principle that parental responsibility for tt conduct of a juvenile is paramount to the exercise of regulatory authority by tt City. Only in the absence of the exercise of parental authority over a juvenile VI the enforcement of this curfew measure become necessary. Accordingly, tt- 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 on half hour before sunrise of the following day. (b) “Public Place’’ means any place to which any member of t public has access, including, but not limited to, any public right-of-way, put grounds, public parks and beaches, dedicated open or trail space, or any privatc owned land that is unsupervised and is open and generally available to the pub’ including but not limited to, vacant lots, the parking lots and the common areas schools, hospitals, apartment houses, office buildings, housing complex shopping centers, and malls. (c) “Guardian” means (1) a person who, under court order, is t 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, 2 control of the subject juvenile. 8.04.030 Prohibition; Juvenile. No juvenile shall be present in i 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 pl: during curfew hours. 8.04.050 Exceptions. The prohibitions described in Sectic 8.04.030 and 8.04.040 above shall not apply to any juvenile who, in the alternat is: (a) accompanied by his or her responsible adult; (b) engaged in or directly en route to or from an employrr (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 gene1 committed to a business or trade which is open to and serves juveniles, or goin or returning from said privately owned building or structure without detour or stol (f) attending or directly en route to or from a school sponso religious, or recreational activity supervised by at least one responsible adult sponsored and conducted by the City of Carlsbad, a civic organization, pi agency, charitable organization, religious entity, or another similar entity or pet activity; I 3 I 11 0 0 4 1 2 3 4 5 6 7 a 9 10 11 00, m> SuJs &zm a~8 "lug $045 ~''8 si734 02-10 I.E%O cy$ iU, t-12 9 "OLL I qi F:i$ <a1 5" 12 13 14 15 16 17 - 18 that takes responsibility for the juvenile; States or California State Constitutions or exercising said right as part of organized event with the consent of their responsible adult. (9) exercising First Amendment Rights protected by the Unit 8.04.060 Violations. Any juvenile or adult who violates any of t provisions of this chapter is guilty of an infraction except for the fourth of ea additional violation of a provision within one year which shall be a misdemeanc Penalties for a violation of this chapter shall be as designated in Section 1.08.0 of this Code." EFFECTIVE DATE: This ordinance shall be effective (30) thirty d: after its adoption; and the City Clerk of the City of Carlsbad shall certify to i adoption of this ordinance and cause it to be published at least once in newspaper of general circulation in the City of Carlsbad within (15) fifteen d: after its adoption. INTRODUCED, AND FIRST READ at a regular meeting of Carlsbad City Council on the z day of July , of 1997, and thereafter i ~ /111 llll /Ill 19 20 21 22 23 24 25 26 27 28 Ill/ Ill/ Ill/ Ill/ Ill/ Ill/ Ill1 4 e e 1 ll PASSED, APPROVED AND ADOPTED at a regular meeting of t 2 3 4 5 6 7 8 City Council of the City of Carlsbad on the 5th day of AUGUST , 1997, by t following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, : NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY 9 10 11 12 00, SUJg a> gzm 13 uug an8 ATTEST: iU, a025 14 1 ounu I a- 15 / ;;)CwL-& m+z d->o E:$ pz l7 S&$$ $$$: 16 - ALETHA L. RAUTEN~RANZ \ City Clerk a01 0 18 19 20 21 22 23 24 25 26 27 28 5 ll