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Home My WebLink About1997-08-05; City Council; 14297; ADOPTION OF ORDINANCE NO. NS-416 IMPLEMENTING THE CITY'S PARENTAL RESPONSIBILITY LAWI CIT)OF CARLSBAD - AGENU BILL d.; ,,.-;. y 7- 1 I AB # 14, Lq? DEPT. CLK IMPLEMENTING THE CITY'S PARENTAL MTG. 8/5/97 - TITLE: ADOPTION OF ORDINANCE NO. NS-416 RESPONSIBILITY LAW DEPT. CITY 1 CITY I I I I RECOMMENDED ACTION: Adopt Ordinance No. NS-416, repealing Title 8, Chapter 8.04 of the Carlsbad Municip Code and adding a new Chapter 8.04 implementing the City's parental responsbility law. ITEM EXPLANATION Ordinance No. NS-416 was introduced and first read at the City Council meeting held on Ju 22, 1997. The second reading allows the City Council to adopt the ordinance which wou then become effective in thirty days. The City Clerk will have the ordinance published with fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No. 14,284 on file with the City Clerk. EXHIBITS 1. Ordinance No. NS-416. .gz ].* _a ._I .;p I"u. ... 4 A- '. P *-> .? 'e" -% -.: z I" 0 g a $ 8 2 3 0 0 1 2 3 4 5 6 7 8 9 10 11 12 am LSWZ $$& 13 SOSS 14 a->g E42 a08 ow2 dLLa q0oL 15 u;LSs zwfflo ocaqo ' 002 LOffl 50 oZJ. 16 UOJ p2 17 18 19 20 21 22 23 24 25 26 27 28 ~ I I1 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 pow 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 juvenile5 involved as victims is magnified in both seriousness and volume during late-! hours; and ~ i 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 parental authority is the most effective means of preventing the commissil crimes by juveniles in the absence of adequate parental supervision, and thz ordinance is necessary to more actively encourage and support the exerci parental supervision, and that the City of Carlsbad has the duty to enact me; for the protection of juveniles and the general public; and WHEREAS, in the performance of such duty, the City of Ca has, in the past, enacted and historically enforced a late-night curfew applic: juveniles; and ’ !i 0 e 1 2 3 4 5 6 7 8 9 1Q 11 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 La\n Carlsbad, corrects the constitutional defects of the pre-existing ordinance by clc proscribing the late-night presence of a juvenile in certain defined public PI, while, at the same time, recognizing and preserving the constitutional righ. juveniles and their parents. 12 !?!?; 13 su: Q The City Council of the City of Carlsbad does ordain as follows: aog Ow8 SECTION I: That Title 8, Chapter 8.04 of the Carlsbad Muni 5UCl oag2 15 2044 14 UZ”2 12;%1 O !q$$ z -1 O 16 Law”, to read as follows: !=:E Code is amended by the addition of a new Chapter 8.04 “Parental Respons -I I 4- QOJ c22 77 “Chapter 8.04 GO 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 PurDose and Intent. By enacting curfew regulations apply to juveniles and the parents of juveniles, the City Council intends to prt and promote the peace of the community, as well as the safety and well juveniles, during the late-night hours. In the course of adopting this chaptc City Council has considered and relied upon testimony which prow effectiveness of a curfew -in promoting such purposes. The City Counc recognizes that such regulations must protect the public interest without inf upon certain fundamental rights of juveniles and their parents. This 2 a e 1 2 3 4 5 6 7 a 9 10 11 12 nul m> SU2j &z& 13 $;% gOcJ3 14 &$E 2&%2 E:$ >?% 17 a08 2ysg 15 $e$:- 16 aoA 00 k 18 19 20 21 22 23 24 25 26 27 28 I 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 Carlsbac 1 8.04.020 Definitions. , (a) “Curfew Hours” means the hours between 1O:OO p.m. and c half hour before sunrise of the following day. I (b) “Public Place” means any place to which any member of public has access, including, but not limited to, any public right-of-way, PI grounds, public parks and beaches, dedicated open or trail space, or any priv: 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 complc shopping centers, and malls. (c) “Guardian” means (I) a person who, under court order, is guardian of the person of a juvenile, or (2) a public or private agency with whict 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 pa or step-parent of a juvenile. (f) “Responsible Adult” means the parent, guardian. or adult persc 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 knou permit, or by insufficient control allow a juvenile to be present in any public 1 during curfew hours. 8.04.050 ’ ExceDtions. 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 emplo: (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 ger committed to a business or trade which is open to and serves juveniles, or gc or returning from said privately owned building or structure without detour or si (9 attending or directly en route to or from a school sponr religious, or recreational activity supervised by at least one responsible adu sponsored and conducted by the City of Carlsbad, a civic organization, agency, charitable organization, religious entity, or another similar entity or F activity; 3 I a 0 1 2 3 4 5 6 7 a 9 10 11 12 - “m m> “2 C&g JZ 5 OnU I ai 5x304 mi&- E22 gZ% &e& an8 uug 2055 iUC3 <OJ uv 13 I 14 15 16 17 la 19 20, 21 22 23 24 25 26 27 28 that takes responsibility for the juvenile; (9) exercising First Amendment Rights protected by the Un States or California State Constitutions or exercising said right as part of organized event with the consent of their responsible adult. 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.” EFFECTIVE DATE: This ordinance shall be effective (30) thirty ( after its adoption; and the City Clerk of the City of Carlsbad shall certify to adoption of this ordinance and cause it to be published at least once newspaper of general circulation in the City of Carlsbad within (15) fifteen after its adoption. INTRODUCED, AND FIRST READ at a regular meeting 01 Carlsbad City Council on the Z day of July , of 1997, and thereafter Ill/ Ill/ /Ill /Ill 1111 Ill1 Ill! Ill1 1/11 Ill/ 4 II tI' e e 1 2 3 4 5 6 7 8 9 10 11 - urn m> slag s:z$ Lf"8 CC$O &za5 u:o8 ow2 jU, 2;sz OOU 02-1 - zwoo 0 E:$ p4 aod GO 12 13 14 15 16 17 PASSED, APPROVED AND ADOPTED at a regular meeting of City Council of the City of Carlsbad on the 5th day of AUGUST , 1997, by following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY ATTEST: - 4 Q&M, ALETHA L. RAUTEN~RANZ City Clerk 18 19 20 21 22 23 24 25 26 27 28 I 5