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Home My WebLink About2003-03-25; City Council; NS-658; Amending Municipal Code Chapter 8.04...ORDINANCE NO. NS-658 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 8.04 OF THE CARLSBAD MUNICIPAL CODE PERTAINING TO PARENTAL RESPONSIBILITY AND JUVENILE CRIME AND VICTIMIZATION PREVENTION. WHEREAS, the City Council, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the health, safety and welfare of its citizens; and WHEREAS, the City Council has determined that juveniles, because of their lack of maturity and experience, are especially vulnerable to being victimized by older perpetrators of crime and to becoming participants in unlawful activities involving alcohol, drugs, graffiti, vandalism, theft, and gang-related crimes; and WHEREAS, it is the City Council’s conviction that the exercise of parental authority is the most effective means of protecting juveniles and preventing crimes by juveniles; however, in the absence of parental supervision, or to more forcefully support the exercise of parental supervision, the City Council has a duty to enact measures for the protection of juveniles and the general public. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION 1. That Section 8.04.010 of the Carlsbad Municipal Code is amended to read as follows: “8.04.010 Title and purpose. >e Parental Responsibili and Juvenile Crime and Victimization Prevention Law of the city of Carlsba x The purpose of this chapter is: (a) To promote the public health, safety, and welfare by reducing juvenile vlolence and crime within the city; and (b) To protect juveniles, whose lack of maturity and experience renders them especially vulnerable to bein victimized by older perpetrators of crime and to becoming participants in un 9 awful activities involving alcohol, drugs, fc) To foster and strengthen parental responsibility for juveniles.” SECTION 2. That Section 8.04.020 of the Carlsbad Municipal Code is .. raffiti, vandalism, theft and gang-related crimes; and Ordinance No. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 amended to read as follows: “8.04.020 Definitions. (a> “Curfew hours” means the hours between 11:OO p.m. and 5:OO a.m. ‘Th dazmancipated” means a juvenile who is self-supporting and in ependent of parental control as a result of a court order or by marriage of the juvenile under California Famil Code section 302. (c) “Emergency” means the un Y oreseen combination of circumstances or the resulting state that calls for immediate action. The term includes, without limitation, a fire, a natural disaster, an automobile accident, or any situation requirin immediate action to prevent serious bodily injury or loss of life. (4 “8uardian” means a person who, under court order, is the guardian of the subject juvenile, or a public or private agency with which a court has subject juvenile. “Juvenile” means any person under the age of eighteen. arent” means a person who is a natural parent, adoptive parent, or stepparent of the subject juvenile. (9) “Public place” means any place to which the public or a substantial group of the public has access and includes, without limitation, sidewalks, streets, highways, arks, trails, beaches, vacant lots, and the common areas of schools, hospita P s, offices buildings, housing complexes, and shopping centers. (h) “Responsible adult” means a person at least eighteen years of age who is authorized by a parent or guardian to have temporary care, custody or control of the subject juvenile. risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” SECTION 3. That Section 8.04.030 of the Carlsbad Municipal Code is (i) “Serious bodily injury” means bodily injury that creates a substantial amended to read as follows: “8.04.030 Prohibition- Juvenile. fi0, it is unlawful for any juvenile to be present in any public place during curfew hours.” SECTION 4. That Section 8.04.040 of the Carlsbad Municipal Code is amended to read as follows: “8.04.040 Prohibition- Adult. txcept as provided in Section 8.04.050, it is unlawful for a parent, guardian, or responslble adult to knowingly, or by insufficient control, permit a juvenile to be present in any public place during curfew hours.” SECTION 5. That Section 8.04.050 of the Carlsbad Municipal Code is amended to read as follows: 2 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) When the juvenile is on an errand without detour or stop that is directed by a parent, guardian, or responsible adult, or (c) When the juvenile is engaged In, or traveling without detour or stop to or from a school, religious, recreational, or civic function supervised by adults and sponsored by a school, religious, recreational, or civic organization taking responsibility for the juvenile, or (d) When the juvenile is traveling without detour or stop to or from the juvenile’s place of employment or is engaged in employment-related activities, or (e) When the juvenile is traveling without detour or stop to or from a medical appointment, or When the juvenile is in a motor vehicle enga ed in interstate travel, or [z) When the juvenile is on a sidewalk abutting t a e juvenile’s home, or the home of a guardian or responsible adult, or h) When the juvenile is involved in an emergency, or i) When the juvenile is enga ed in “expressive activities” protected by the s eech, or the right of assembly, or (jr When the juvenile is emancipated.” SECTION 6. That Section 8.04.060 of the Carlsbad Municipal Code is or state constitutions, SUC a as the free exercise of religion, freedom of amended to read as follows: “8.04.060 Violations. Any juvenile, parent, guardian, or responsible adult who violates any rovision of this chapter is guilty of an infraction, except that the fourth and eac E additional violation of a provision within one ear shall be a misdemeanor. Penalties for a violation of this chapter shall i e as designated in Section 1.08.010 of this Code.” EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption. The City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. SEVERABILITY: If any section, subsection, sentence, clause, phrase, or other portion of this ordinance, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions. I1 I1 I1 I1 3rdinance No. NS-658 3 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion of this ordinance irrespective of the fact that any one or more sections, subsections, clauses, phrases, or parts be declared to be invalid or unconstitutional. INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Carlsbad on the 11th day of March ,2003, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 25th day of March ,2003, by the following vote, to wit: AYES: Council 1-lenber Lewis - Finnila- Hall and Packard NOES: None. ABSTAI N: None - ABSENT: Council Member Kulchin. APPROVED AS TO FORM AND LEGALITY: n ATTEST: Ordinance No. NS-658 4