HomeMy WebLinkAbout2003-02-04; City Council; 17066; Ordinance Pertaining to Parental ResponsibilityCITY OF CARLSBAD -AGENDA BILL II
AB# 17,066 TITLE: ORDINANCE AMENDING CHAPTER 8.04 OF THE CARLSBAD MUNICIPAL CODE PERTAINING TO PARENTAL
VICTIMIZATION PREVENTION
MTG. 2-4-03
DEPT. POLICE
RESPONSIBILITY AND JUVENILE CRIME AND
DEPT. HD. dl&,
CITY ATTY.
CITY MG
RECOMMENDED ACTION:
Introduce Ordinance No. NS-655 , amending Chapter 8.04 of the Carlsbad Municipal Code
pertaining to Parental Responsibility and Juvenile Crime and Victimization Prevention.
ITEM EXPLANATION:
The Police Department is proposing three revisions to the City’s current curfew ordinance: (1)
amending the nighttime curfew hours, (2) adding daytime curfew hours, and (3) expanding
the list of exceptions to the ordinance. Each of these proposed revisions is discussed below.
Amendinq Nighttime Curfew Hours
The City first enacted a juvenile nighttime curfew ordinance on June 19, 1956. Though
the City never experienced any enforcement difficulties with the ordinance, on June IO,
1997, a virtually identical ordinance in the City of San Diego was invalidated by the Ninth
Circuit Court of Appeals for being vague and too broad. In response, the City of San Diego,
the City of Carlsbad, and other jurisdictions in the County revised their juvenile curfew
ordinances to address the court’s concerns. The City of Carlsbad enacted its revised
ordinance on August 5, 1997, and, as before, has not experienced any enforcement
difficulties with it.
However, on May 8, 2002, the San Diego County Grand Jury released a report entitled,
“Truancy & Curfew Practices - The Lack of Consistency and Uniformity and its Impact on
San Diego County.” The report found, among other things, that nighttime curfew regulations
were being inconsistently enforced among the various jurisdictions in the County. To address
this problem, the report recommended that each of the eighteen incorporated cities in the
County adopt uniform nighttime curfew hours of 11 :00 p.m. to 5:OO a.m. In its response to
the Grand Jury’s report, the City indicated that it would consider the recommendation.
The City’s current nighttime curfew hours are from 1O:OO p.m. to one-half hour before
sunrise of the following day. Upon receiving the Grand Jury’s report, the Police Department
reviewed these curfew hours with its officers and concluded that the hours were generally
effective and desirable. Nonetheless, the majority of jurisdictions in the County have
nighttime curfew hours of 11 :00 p.m. to 5:OO a.m. and some officers have received
complaints from parents and juveniles about the disparity in curfew hours among the various
jurisdictions. After considering this information, the Police Department believes that adjusting
the City’s current nighttime curfew hours to those used by the majority of jurisdictions in the
County will not reduce the effectiveness of the curfew hours. Instead, the Police Department
believes that adjusting the curfew hours will help both parents and juveniles with compliance
by providing them with consistent standards to apply. Accordingly, the Police Department
recommends the City Council amend the nighttime curfew hours to 11:OO p.m. to 500 a.m.
each day as suggested by the Grand Jury. \
Addinq Daytime Curfew Hours
In addition to expressing concern about inconsistent nighttime curfew hours, the Grand
Jury expressed concern about the enforcement of truancy regulations and the adequacy of
truancy prevention measures. Though the Grand Jury did not make any recommendations
to cities regarding truancy enforcement and prevention, the Police Department shares the
Grand Jury’s concerns about the impact of truancy. Truancy has been identified as a key
risk factor for substance abuse and delinquency. There is also a correlation between truancy
and daytime crimes, such as burglary, vandalism, and shoplifting. (See Myriam L. Baker,
Jane Nady Sigmon, and M. Elaine Nugent, U.S. Department of Justice, Truancy Reduction:
Keepina Students in School (September 2001); and Eileen M. Garry, U.S. Department of
Justice, Truancy: First Step to a Lifetime of Problems (October 1996).)
The most effective methods of combatting truancy and its effects are those that involve a
coordinated effort among law enforcement, schools, courts, and social service agencies and
take advantage of available community programs and services. (See Baker, et al., supra;
and Garry, supra.) The police department‘s Family Services Unit, which includes four full-
time school resources officers, works closely with the local schools and local School
Attendance Review Boards to address truancy issues. The police department also offers a
variety of programs and services aimed at preventing juvenile crime and victimization. These
include:
1. The Drug Abuse Resistance Education (D.A.R.E.) Program, which provides drug
abuse education services to the area schools.
2. The Juvenile Diversion Program, which engages in early intervention, particularly
at the truancy or curfew violation stage, before juveniles actually become involved in criminal
activity.
3. The Community Response Officer Program, which brings probation officers closer
to the communities in which they serve so they may assist families more effectively.
4. The Greater Understanding Through Intervention, Diversion & Education
(G.U.I.D.E.) Program, which is staffed by independent, licensed Marriage and Family
Therapists who provide general referrals, counseling, and information for juveniles and
parents. Among the program’s many successful elements is The Parent Project, a ten-week
parenting program, presented in both English and Spanish, for parents of children ages 10
and older.
One component not included in this array is a daytime curfew. Daytime curfews for
juveniles are currently in effect in the County of San Diego and the cities of El Cajon, Poway,
and San Diego. They have proven effective as an adjunct to State truancy laws in reducing
juvenile crime and victimization during school hours. (See Baker, et al., supra; and Garry,
supra.) In addition, a California appellate court recently upheld the validity of the City of
Monrovia’s daytime curfew ordinance, which is considered a national model. (See Harrahill
v. Citv of Monrovia.)
While the Carlsbad Police Department does not rely on curfews as the sole or primary
means of addressing juvenile issues, the police department does believe that curfews are an
important component of its overall efforts to prevent juvenile crime and victimization. Not
only do curfews act as a deterrent to crime, but they also provide officers with an opportunity
to contact juveniles and make them and their parents aware of available resources, such as
the G.U.I.D.E. Program and The Parent Project. In addition, daytime curfews provide
enforcement options that the State’s truancy laws do not. For example, under the State’s a-
truancy laws, juveniles can be absent from school three times without an excuse before
beginning to experience any tangible consequences (i.e., a warning from a police officer that
becomes part of the juvenile's permanent school record.) With a daytime curfew, a juvenile
can experience tangible consequences the first time the juvenile violates the curfew (i.e., a
$20 fine or 20 hours of community service). For these reasons, the Carlsbad Police
Department recommends that the City Council enact daytime curfew hours of 8:30 a.m. to
1 :30 p.m. on days when school is in session.
Amendinq Exceptions to Curfew Hours
Lastly, when curfew ordinances are challenged, they are typically challenged by parents
who are concerned about undue government interference with their parenting decisions. The
courts have been largely sympathetic to this concern. However, from the very first time it
enacted the curfew ordinance, the City Council of Carlsbad has continually affirmed its belief
that parental supervision is the most effective means of protecting juveniles and preventing
juvenile crimes, and reiterated its intent for the curfew ordinance to support, rather than
supplant, parental supervision.
To demonstrate this intent, the ordinance contains a number of exceptions that allow
parents to direct and manage the activities of their children. For instance, the ordinance
does not apply when the juvenile is accompanied by a parent, running an errand for a parent,
or attending a school, religious, recreational, or civic function. The courts have been
responsive to these exceptions and have generally upheld those ordinances that provide
them.
Since the City's curfew ordinance was last revised in 1997, cases have been decided
which suggest the need to add two new exceptions: one for juveniles who are engaged in
interstate travel, and one for juveniles who are emancipated. For daytime curfews, most
ordinances, including the one recently upheld in the City of Monrovia, contain three additional
exceptions: one of juveniles who have permission from their schools to leave campus, one
for juveniles who are not subject to compulsory education, and one for juveniles whose
absence from school is permissible under the Education Code. Accordingly, we recommend
the City Council amend the curfew ordinance to add these exceptions.
The Police Department enforces the City's current curfew ordinance with its existing
resources and does not anticipate the need for additional resources to enforce the proposed
amendments to the ordinance.
ENVIRONMENTAL REVIEW:
The recommended action does not constitute a "project" under CEQA and, therefore, no
environmental review is required.
1. Ordinance No. NS-655
2. Strike-Out Version of Proposed Revisions
Note: The studies, reports, and authorities cited in this agenda bill, as well as other relevant
materials, have been placed on file in the City Clerk's office in connection with this item.
3
ORDINANCE NO. NS-655
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:
“8.04.01 0 Title and purpose. fhis chapter shall be entitled the Parental Res onsibility and Juvenile Crime and Victimization Prevention Law of the City o P Carlsbad. 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,
Yc) 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. NS-655 1
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amended to read as follows:
“8.04.020 Definitions.
p.k. on days when the subject juvenile’s school is in session. {b) “Emancipated” means a juvenile who is self-supporting and Independent 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 &cumstances 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.
placed the subject juvenile.
(a ”Daytime curfew hours” means the hours between 8:30 a.m. and 1:30
(d) “fhardian” 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
“Juvenile” means any person under the age of eighteen. “Nighttime curfew hours” means the hours between 1l:OO p.m. and :00 a.m. each day. (9) “Parent” means a person who is a natural parent, adoptive parent, or stepparent of the subject juvenile. (h) “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. (i) “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. Q) ‘Serious bodily injury” means bodily injury that creates a substantial 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
amended to read as follows:
“8.04.030 Prohibition - Daytime curfew hours. (a) txceDt as provided in Section 8.04.050, it is unlawful for any juvenile to be present in anypublic place during daytime curfew hours. (b) Except as provided in Section 8.04.050, it is unlawful for a parent, guardian, or responsible adult to knowingly, or by insufficient control, permit a
SECTION 4. That Section 8.04.040 of the Carlsbad Municipal Code is
..
I juvenile to be present in any public place during daytime curfew hours.”
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amended to read as follows:
“8.04.040 Prohibition - Nighttime curfew hours. (a ) txcePt as Drovided in Section 8.04.050, it is unlawful for any juvenile to be present in any public place during ni httime curfew hours. (b) Except as provided in Section 8. 8 4.050, it is unlawful for a parent, guardian, or responsible adult to knowingly, or by insufficient control, permit a juvenile to be present in any public place during nighttime curfew hours.”
SECTION 5. That Section 8.04.050 of the Carlsbad Municipal Code is
”
Ordinance No. NS-655 2 5
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amended to read as follows:
“8.04.050 Exceptions. 8; Whe(?4~t?~~uvenile is accompanied by a parent, guardian, or responsl le adult, or When the juvenile is on an errand without detour or stop that is directed y a arent, guardian, or responsible adult, or (3) hhen the juvenile is engaged in, or traveling without detour or stop to or from, a schoo , religious, recreational, or civic function supervised by adults and sponsored by a school, religious, recreational, or civic organization taking responsibility for the juvenile, or (4) 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
medica appointment, or (6) When the juvenile is in a motor vehicle engaged in interstate travel, or (7) When the juvenile is on a sidewalk abutting the juvenile’s home, or the home of a guardian or responsible adult, or (a When the juvenile is enga ed in “expressive activities” protected by the ederal or state constitutions, SUC a as the free exercise of religion, freedom of speech, or the right of assembly, or (1 0) When the juvenile is emancipated. (b) In addition to the above exceptions, Section 8.04.030 does not ap ly: (1) To juveniles who have permission to leave school campus P or lunch. (2) When the juvenile is exempt by law from compulsory education or corn ulsory continuation education; or b) When the juvenile is authorized to be absent from school under California Education Code Section 48205 or other applicable state or federal law.”
SECTION 6. That Section 8.04.060 of the Carlsbad Municipal Code is
(a) ‘ectlons 8. and 8.04.040 do not apply:
‘2b
When the juvenile is traveling without detour or stop to or from a
When the juvenile IS involved in an emergency, or
amended to read as follows:
“8.04.060 Violations. Any juvenile, parent, guardian, or responsible adult who violates any provision of this chapter is guilty of an infraction, except that the fourth and each additional violation of a provision within one ear shall be a misdemeanor. Penalties for a violation of this chapter shall L 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
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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. 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 4th day Of FEBRUARY ,2003, and
thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the day of , 2003, by the
following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
HONALD H. BALL, CI IY ATTOKNtY
CLAUUt A. LtWIS, MAYOR
ATTEST:
PROPOSED REVISIONS TO CHAPTER 8.04 OF THE
CARLSBAD MUNICIPAL CODE - STRIKE-OUT VERSION
8.04.01 0 Title and pleurposeftft$iitlefft.. I
This chapter shall be entitled the Parental Responsibility and
Juvenile Crime and Victimization Prevention Law of the city of Carlsbad. The purpose
of this chapter is:
(a) To promote the public health, safety, and welfare by reducing juvenile violence and
crime within the c.ity; and
(b) To protect juveniles, whose lack of maturity and experience renders them especially
participants in unlawful activities involviny! alcohol, drugs, graffiti, vandalistn, theft, and
gang-related crimes; and
IC) To foster and strengthen parental responsibility for juveniles.
8.04.020 Definitions.
As used in this chapter:
(a) "Daytime Qurfew hours" means the hours between 8:30 a.m. and 1:30 p.m. on days
when the subject iuvenile's school is in sessi0n.i ..
(b) "Emanicipated" means a iuvenile who is self-supporting and independent of parental
control as a result of a court order or by marriage of the iuvenile under California Family
Code section 302.
8
Proposed Revisions to
CMC Chapter 8.04
Page 2
IC ) "Emergency" means the unforeseen combination of circtmstances or the resulting
state that calls for immediate action. The tern1 includes, without limitation, a fire, a
natural disaster. an automobile accident, or any situation requiring immediate action to
prevent serious bodily iniury or loss of life.
id) "Guardian" means (1 ) a person who, under court order, is the guardian of the person
of the subicct iuvenile, or (2) a public or private agency with which the court has placed
the subiect iuvenile.
[:e) "Juvenile" means any person under the ape of eighteen.
(f) "Nighttime curfew hours" means the hours between 1 1 :OO p.m. and 5:OO a.m. each dav.
(a) "Parent" means a person who is a natural parent, adoptive parent, or stepparent of the
subiect juvenile.
(HI) "Public place" means any place to which -the public or a substantial
group of the public has accessG .. ..
b
.. and includes, without limitation, sidewalks, streets,
highw-ays, parks, trails, beaches, vacant lots, -and the common areas of
schools, hospitals, -ffice buildings, housing complexes, &shopping
centers+mch&k.
fc: *IPP
. I1
fc: "PP j"
r.
(6) "Responsible adult" meansM - a person at least eighteen
years of age who is authorized by a parent or wardian to have . .. temporary care, custodyx-wd-control of the subject juvenile.
(i) "Serious bodily iniury" means bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfi,gurement, or protracted loss or impairment of
the function of any bodily member or organ.
4
Proposed Revisions to
CMC Chapter 8.04
Page 3
8.04.030 Prohibition JtweftileDaytime curfew hours.
(a) Exccpt as provided in Section 8.04.050, it is unlawful for anyNe-juvenileMmbe
present in any public place during davtime curfew hours.
(b) Except and provided in Section 8.04.050, it is unlawful for any parent, guardian, or
responsible adult to knowingly, or bv insufficient control, permit ajuvenile to be present
in any public place during daytime curfew hours.
8.04.040 Prohibition-Nighttime curfew hours.
(a) Except as provided in Section 8.04.050, it is unlawful for anyiuvenile to be present
in any vublic place during nighttime curfew hours.
(b) Exccept as provided in Section 8.04.050. it is unlawfbl for Ne- a parent, guardian, or
responsible adult~"&knowingly-pem&, or by insufficient control,+&mw Demit a
juvenile to be present in any public place during nighttime curfew hours.
8.04.050 Exceptions.
Tlrn(aJ-Sections 8.04.030 and 8.04.04~¬ . ..
aPP1Yl- ..
7.
(al) When the iuvenile is Agcompanied by l&+w&ea parent, guardian, or
responsible adult+A
(3) When the iuvenile is on an errand without detour or stop that is directed by a
parent, guardian, or responsible adult, or
(3) When the iuvenile is engaged in, or traveling without detour or stop to or
&om, a school, religious, recreational, or civic function supervised by adults and
sponsored bv a school, religious, recreational, or civic organization takin3 responsibility
for the juvenile, or
(e) When the juvenile is traveling without detour or stop to or fiom the
juvenile's place of employment or is Eggaged in 1
employment-related activities, or%
Proposed Revisions to
CMC Chapter 8.04
Page 4
(5) When the iuvenile is traveling without detour or stop to or from a medical
appointment, or
(6) When the iuvenile is in a motor vehicle engaged in interstate travel, or
(7) When the iuvenile is on a sidewalk abutting the iuvenile's home, or the home
of a guardian or responsible adult, or
(€8) When the iuvenile ism involved in any emergency-a
19) When the iuvenile is engaged in "expressive activities" protected by the
federal or state constitutions, such as the free exercise of religious, freedom of speech, or
the right of assenlbly, or
(10) When the iuvenile is emancipated.
(b) In addition to the above exceptions, Section 8.04.030 does not apply:
(1 ) To juveniles who have permission to leave school campus for lunch or a
school related activitv. ~
l?!Z!E&
12) When the iuvenile is exempt by law from compulsory education or
compulsorv continuation education; or
Proposed Revisions to
CMC Chapter 8.04
Page 5
(3) When the juvenile is authorized to be absent &om school under California
Education Code Section 48205 or other applicable state or federal law.’’
8.04.060 Violations.
Any juvenile, parent, guardian, or responsible adult who violates any eftke-provisions of
this chapter is guilty of an infraction, except &w-wthe fourth ef& each additional
violation of a provision within one year which shall be a misdemeanor. Penalties for a
violation of this chapter shall be as designated in Section 1.08.010 of this Code.