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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 ; 2 d a -d k 0 a Q) 0 a 1 0 N 4J c -rl a z rn ri * rn I z g al : c .rl a 0 $4 h u 5 M 9 h a Q) 4J 0. a aa a4 * 41 :i h uz lz 3. vz 00 b rn \ hl \ hl h S 0 .- 8 c.r - .- 0 S 3 6 AB# I Y, 28r .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 ~ 6 r .- I1 0 e 1, II 1 2 3 4 5 6 7 8 9 10 11 Om 22 urrh an8 iUU uug 304s 9 "nk I ai zwmu uuqo SW4 kg$$ E:; <>.ma 0Z-J - 40-1 $23 0 - 12 13 14 15 16 17 I8 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 20 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 25 26 WHEREAS, in the performance of such duty, the City of Carlsba previously enacted and historically enforced a late-night curfew applical 27 28 juveniles; and r 1 2 3 4 5 6 7 8 9 10 11 9m muz Yr Ucrh JUU2 an8 JUQ QOqS ;ggE 9 "09 8 ai SL%a gz2: 053 LOCI7 cy <OJ 0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ! I 0 0 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. 2 ? 1 2 3 4 5 6 7 a 9 10 11 om l?r EEW an8 vu2 iU, $055 &Sa JZ 9 89% 00 q>m$ 0220 y$$ Eo% - g 2s SuJ? zuv) a02 0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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, 3 1 2 3 4 5 6 7 8 9 10 11 Qin &E& an8 0LU2 3UU m aog% SUE e-> zq 0 g:;: 5G gzz m> 9 < 2“ a,m< . oou zwm 0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. 4 I 1 2 3 4 5 6 7 8 9 10 11 %a mw? 92 t 2s Ow% SOSS 9 IZ" 5UU d->O CA$ 0 sL3: pa g2= G3 0Z-l - aa%a a02 om 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. 1/11 llll 1111 1/11 1/11 ///I 1111 5 I F 1 2 3 4 5 6 7 8 9 10 11 - "'0) VI> SuJ? &z& a08 OW$ iL, 4Q39 m -Iz &5" 9 009 t ai <>ma 0220 zuv) Err%, E:? aoA GO p5 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 6 I1 '0 0 1 2 3 4 5 6 7 8 9 10 11 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- 12 13 9% hours; and mu: $ E.& a08 .E&= m> iygg mQOQjS 14 WHEREAS, the City Council has further determined that pe pG&j K->K s?n$? 15 under the age of (18) eighteen years are, by virtue of their lack of maturit) 8 ,$ $ z- 16 experience, susceptible to criminal behavior, particularly during late-night t- E:; 40-1 g c! 3 17 and 0 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 a 9 10 11 Om &ug &z& 5;gg $055 .c=!= n->n On2 zwm0 OZJ - EK$O m> 408 :;$? E2$ $25 0 K0-I GO 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. 0 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 2 1 2 3 4 5 6 7 8 9 10 11 13 m> slug &E& u138 iUUm $035 e->a Ed= $>a< os30 (T(Y~~ 092 Earn OWN 9 009 I Q- p: 40-1 0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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; 3 ?g %sz a08 uuh dEg2 2055 9 "DL I a- zwcn a>m< 0210 ncr%o oa 1- a->E $22 E:% cv <=A GV 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 ~ 11 I: 0 e 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 /Ill Ill1 ' /Ill Ill/ Ill/ Ill1 Ill/ Ill1 Ill/ Ill1 i 4 'e 0 1 PASSED, APPROVED AND ADOPTED at a regular meeting o 2 3 4 5 6 7 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 9 10 11 12 Dol Y2 13 ow% A,, cr= cr->r On9 15 SuJ? %:e so34 14 :;s2 k? ozJ? 16 zwrn casn 40-r gyj .I7 0 18 19 20 21 22 23 24 25 26 27 28 RONALD R. BALL, City Attorney ~~ CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKWNZ 6 City Clerk 5 II