HomeMy WebLinkAbout1997-07-22; City Council; 14284; INTRODUCE AND ADOPT URGENCY ORDINANCE NO. NS-415 AND INTRODUCE ORDINANCE NO. NS-416 REPEALING CARLSBAD MUNICIPAL CODE TITLE 8, CHAPTER 8.04 AND ADDING A NEW CHAPTER 8.04, IMPLEMENTING THE CITY'S PARENTAL RESPONSIBILITY LA,@ :i: e 8 6 Y CITY OF CARLSBAD - AG DA BILL
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.c CHAPTER 8.04 AND ADDING A NEW CHAPTER 8.04,
CITY ATTY. REPEALING CARLSBAD MUNICIPAL CODE TITLE 8, MTG. 9 -d 2 c 9 3 NO.NsAND INTRODUCE ORDINANCE NO. -16
DEPT. HD. TITLE: INTRODUCE AND ADOPT URGENCY ORDINANCE
1 DEPT. CA IMPLEMENTING THE CITY’S PARENTAL RESPONSIBILITY CITY MGR. I LAW. I I I
RECOMMENDED ACTION:
Introduce and Adopt Urgency Ordinance No. Ns- Y/ 5 and Introduce Ordi
NS -4& implementing the City of Carlsbad’s “Parental Responsibility Law”.
ITEM EXPLANATION:
On June 9, 1997, the United States Court of Appeals for the Ninth Circuit ruled that
San Diego’s Juvenile Curfew Ordinance was unconstitutional. This ordinance was SI
similar to that enacted by the City of Carlsbad in Carlsbad Municipal Code, Title
8.04. The Appellate Court‘s primary concern was the preservation of the rights of j
exercise their First Amendment rights. The City of Carlsbad’s existing juvenile curfew
is substantially similar to the City of San Diego’s ordinance which was invalidated.
In light of the fact that the City’s curfew ordinance is no longer enforceable, it is ne
repeal the existing curfew ordinance and enact a new ordinance which allows jl
exercise their First Amendment rights while at the same time preventing the corr
crimes by juveniles in the late hours and encouraging adequate parental sup€
protection of the juveniles as well as the public.
The Carlsbad Police Department has recommended that such a “Parental Respons
be adopted forthwith as an urgency ordinance pursuant to Government Code sectio
safeguard the health, safety and welfare of the community. A representative of th
Police Department will testify that a “Parental Responsibility Law” is a necessary tc
the Department to minimize criminal behavior of juveniles for the protection of bot
and the general public. The problem of unsupervised juveniles escalates in the sumr
when juveniles are out of school and many juveniles are now coming to Carlsbad in t
other cities.
FISCAL IMPACT:
None.
EXHIBITS:
1. Urgency Ordinance No. N$ - q/s
2. Ordinance No. ~9- 416
from outside the City to avoid curfew ordinances enacted under similar emergency If
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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 PO\
delegated to it by the California Constitution, has the authority to enact laws w
promote the public health, safety and general welfare of its citizens; and
WHEREAS, the City of Carlsbad has determined that the inciden
delinquency, juvenile violence and the commission of crimes in which juvenile:
involved as victims is magnified in both seriousness and volume during late-
hours; and
WHEREAS, the City Council has further determined that per
under the age of (18) eighteen years are, by virtue of their lack of maturity
experience, susceptible to criminal behavior, particularly during late-night h
and
WHEREAS, it is the conclusion of the City Council that the exerc
19 parental authority is the most effective means of preventing the commissil
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crimes by juveniles in the absence of adequate parental supervision, and thz 21
22 ordinance is necessary to more actively encourage and support the exerci
23 parental supervision, and that the City of Carlsbad has the duty to enact mea
24 for the protection of juveniles and the general public; and
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WHEREAS, in the performance of such duty, the City of Carlsba
previously enacted and historically enforced a late-night curfew applical
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juveniles; and
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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, which ruling became fina
June 30,1997; and
WHEREAS, the City of Carlsbad is currently without a prq
enforceable juvenile curfew measure; and
WHEREAS, the City Council has determined that it would be h
detrimental to the welfare of the community to be without the protection of a juv
curfew and that it is necessary to enact a constitutionally enforceable juv
curfew, as an urgency ordinance to become effective immediately, for
protection and preservation of the public health, safety and welfare; and
WHEREAS, it is the determination of the City Council thal
measure set forth herein, to be known as the "Parental Responsibility La
Carlsbad, corrects the constitutional defects of the pre-existing ordinance by c
proscribing the late-night presence of a juvenile in certain defined public p
while, at the same time, recognizing and preserving the constitutional rigt
juveniles and their parents; and
WHEREAS, this ordinance is adopted pursuant to Government
section 36937 allowing the adoption of such urgency ordinance to take
immediately to ensure the immediate preservation of the public peace, t
safety and welfare in the City of Carlsbad; and
WHEREAS, it is the intent of the City Council to extend this i ' ordinance until the Parental Responsibility Law ordinance is considered and
~ upon in due course.
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NOW, THEREFORE, the City Council of the City of Carlsbad d
ordain as follows:
SECTION I: That Title 8, Chapter 8.04 of the Carlsbad Munic
Code is amended by the addition of a new Chapter 8.04 “Parental Responsil
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 L
apply to juveniles and the parents of juveniles, the City Council intends to pre
and promote the peace of the community, as well as the safety and welf:
juveniles, during the late-night hours. In the course of adopting this chapte
City Council has considered and relied upon testimony which prove:
effectiveness of a curfew in promoting such purposes. The City Council
recognizes that such regulations must protect the public interest without infri
upon certain fundamental rights of juveniles and their parents. This c
measure is intended to reach a reasonable balance between said interests.,
balance is achieved by application of the principle that parental responsibility f
conduct of a juvenile is paramount to the exercise of regulatory authority 1-
City. Only in the absence of the exercise of parental authority over a juven
the enforcement of this curfew measure become necessary. Accordingl!
chapter shall be entitled the “Parental Responsibility Law” of the City of Carlst
8.04.020 Definitions.
(a) “Curfew Hours” means the hours between 1O:OO p.m. anc
half hour before sunrise of the following day.
(b) “Public Place” means any place to which any member
public has access, including, but not limited to, any public right-of-way,
grounds, public parks and beaches, dedicated open or trail space, or any PI
owned land that is unsupervised and is open and generally available to the
including but not limited to, vacant lots, the parking lots and the common a
schools, hospitals, apartment houses, office buildings, housing corn
shopping centers, and mails.
(c) “Guardian” means (1) a person who, under court order,
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guardian of the person of a juvenile, or (2) a public or private agency with which
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 par
or step-parent of a juvenile. (9 “Responsible Adult” means the parent, guardian, or adult perso
least (18) eighteen years old having the responsibility for the care, custody,
control of the subject juvenile.
8.04.030 Prohibition: Juvenile. No juvenile shall be present in
public place during curfew hours.
8.04.040 Prohibition: Adult. No responsible adult shall know
permit, or by insufficient control allow a juvenile to be present in any public F
during curfew hours.
8.04.050 ExcePtions. The prohibitions described in Sec 8.04.030 and 8.04.040 above shall not apply to any juvenile who, in the altern?
is:
(a) accompanied by his or her responsible adult;
(b) engaged in or directly en route to or from an employ1
(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 genl
committed to a business or trade which is open to and serves minors, or going
returning from said privately owned building or structure without detour or stop; (9 attending or directly en route to or from a school spons
religious, or recreational activity supervised by at least one responsible adul
sponsored and conducted by the City of Carlsbad, a civic organization, F
agency, charitable organization, religious entity, or another similar entity or p‘
that takes responsibility for the juvenile;
(9) exercising First Amendment Rights protected by the I
States or California State Constitutions, or exercising said right as part I
organized event with the consent of their responsible adult.
activity;
8.04.060 Violations. Any juvenile or adult who violates any (
provisions of this chapter is guilty of an infraction except for the fourth of
additional violation of a provision within one year which shall be a misdeme
Penalties for a violation of this chapter shall be as designated in Section I .C
of this Code.”
SECTION II: This urgency ordinance shall take effect immec
upon adoption.
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DECLARATION OF URGENCY: This ordinance is hereby deck
to be an urgency ordinance adopted as an emergency measure to protect
public health, safety and welfare pursuant to Government Code section 3693
and shall take effect immediately upon its adoption. The facts constituting
urgency are those set forth above and represent a current and immediate thre,
the public health, safety or general welfare of the citizens of Carlsbad.
EFFECTIVE: This urgency ordinance shall be effective immedii
upon passage and shall be of no further force and effect as of the date of ado,
of the Parental Responsibility Law ordinance.
SEVERABILITY CLAUSE: if any section, subsection, sentence,
clause, phrase or part of this urgency ordinance is for any reason held to be in\
or unconstitutional by the final decision of any court of competent jurisdiction, s
decision shall not affect the validity of the remaining parts of this urgency
ordinance. The City Council hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase or part therc
irrespective of the fact that any one or more of the sections, subsections,
sentences, clauses, phrases or parts are declared invalid or unconstitutional.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
City Council of the City of Carlsbad on the 22nd day of July ,I
by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, 3
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
LR-L
RONALD R. BALL, City Attorney
7- 13.4 9.
ATTEST:
4. 2-
ALETHA L. RAUTENKRANZ
City Clerk
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ORDINANCE NO. NS-416
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 PC
delegated to it by the California Constitution, has the authority to enact laws \
promote the public health, safety and general welfare of its citizens; and
WHEREAS, the City of Carlsbad has determined that the incidel
delinquency, juvenile violence and the commission of crimes in which juvenile
involved as victims is magnified in both seriousness and volume during late-
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WHEREAS, the City Council has further determined that pe
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WHEREAS, it is the conclusion of the City Council that the exerc
parental authority is the most effective means of preventing the commissil
crimes by juveniles in the absence of adequate parental supervision, and th:
ordinance is necessary to more actively encourage and support the exerci
parental supervision, and that the City of Carlsbad has the duty to enact mea
for the protection of juveniles and the general public; and
WHEREAS, in the performance of such duty, the City of Car
has, in the past, enacted and historically enforced a late-night curfew applical
juveniles; and
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WHEREAS, on June 9, 1997, the United States Court of Appea
the Ninth Circuit ruled that a juvenile curfew.ordinance, substantially similar tc
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 thai
measure set forth herein, to be known as the “Parental Responsibility La\
Carlsbad, corrects the constitutional defects of the pre-existing ordinance by cI
proscribing the late-night presence of a juvenile in certain defined public p
while, at the same time, recognizing and preserving the constitutional righ
juveniles and their parents.
The City Council of the City of Carlsbad does ordain as follows:
SECTION I: That Title 8, Chapter 8.04 of the Carlsbad Muni
Code is amended by the addition of a new Chapter 8.04 “Parental Respons
Law”, to read as follows:
I
“Chapter 8.04
Parental Responsibility Law
Sections:
8.04.010 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 M
apply to juveniles and the parents of juveniles, the City Council intends to pres’
and promote the peace of the community, as well as the safety and welfar
juveniles, during the late-night hours. In the course of adopting this chapter,
effectiveness of a curfew in promoting such purposes. The City Council
recognizes that such regulations must protect the public interest without infrin
upon certain fundamental rights of juveniles and their parents. This cu
City Council has considered and relied upon testimony which proves
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measure is intended to reach a reasonable balance between said interests.,
balance is achieved by application of the principle that parental responsibility fc
City. Only in the absence of the exercise of parental authority over a juvenil
the enforcement of this curfew measure become necessary. Accordingly
chapter shall be entitled the “Parental Responsibility Law” of the City of Carlsb:
conduct of a juvenile is paramount to the exercise of regulatory authority b
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 c
public has access, including, but not limited to, any public right-of-way, F
grounds, public parks and beaches, dedicated open or trail space, or any pri\
owned land that is unsupervised and is open and generally available to the p
including but not limited to, vacant lots, the parking lots and the common are
schools, hospitals, apartment houses, office buildings, housing comp
shopping centers, and malls.
(c) “Guardian” means (1) a person who, under court order, i
guardian of the person of a juvenile, or (2) a public or private agency with whic
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 p:
or step-parent of a juvenile.
(f) “Responsible Adult” means the parent, guardian, or adult pers
least (18) eighteen years old having the responsibility for the care, custody
control of the subject juvenile.
8.04.030 Prohibition; Juvenile. No juvenile shall be present ir
public place during curfew hours.
8.04.040 Prohibition: Adult. No responsible adult shall knoM
permit, or by insufficient control allow a juvenile to be present in any public 1
during curfew hours.
8.04.050 Exceptions. The prohibitions described in Sec
8.04.030 and 8.04.040 above shall not apply to any juvenile who, in the altern;
is:
(a) accompanied by his or her responsible adult;
(b) engaged in or directly en route to or from an employ
(c) engaged in any emergency or act of mercy;
(e) present at any privately owned building or structure genc
committed to a business or trade which is open to and serves juveniles, or goi
or returning from said privately owned building or structure without detour or st(
(f) attending or directly en route to or from a school spons
religious, or recreational activity supervised by at least one responsible adul:
sponsored and conducted by the City of Carlsbad, a civic organization, F
agency, charitable organization, religious entity, or another similar entity or pr
activity;
(d) present at a public place abutting the juvenile’s residence;
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that takes responsibility for the juvenile;
(9) exercising First Amendment Rights protected by the U
States or California State Constitutions or exercising said right as part (
organized event with the consent of their responsible adult.
8.04.060 Violations. Any juvenile or adult who violates any (
provisions of this chapter is guilty of an infraction except for the fourth of
additional violation of a provision within one year which shall be a misdeme:
Penalties for a violation of this chapter shall be as designated in Section I .Oi
of this Code."
EFFECTIVE DATE: This ordinance shall be effective (30) thirty
after its adoption; and the City Clerk of the City of Carlsbad shall certify t
adoption of this ordinance and cause it to be published at least once
newspaper of general circulation in the City of Carlsbad within (1 5) fifteen
after its adoption.
INTRODUCED, AND FIRST READ at a regular meeting c
Carlsbad City Council on the - day of , of 1997, and thereafter
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1 PASSED, APPROVED AND ADOPTED at a regular meeting o
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City Council of the City of Carlsbad on the . day of , 1997, b
following vote, to wit:
AYES:
NOES:
ABSENT:
8 ll APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney
~~ CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKWNZ
6 City Clerk
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