HomeMy WebLinkAbout2003-03-25; City Council; 17113; Amending Municipal Code Chapter 8.04CITY OF CARLSBAD -AGENDA BILL -
ADOPTING ORDINANCE NO. NS-658 DEPT. HD. AB# 17,113 AMENDING THE CARLSBAD MUNICIPAL U
MTG. 3-25-03 CITY ATTY. CODE PERTAINING TO PARENTAL
RESPONSIBILITY AND JUVENILE CRIME AND c,Ty MGR DEPT. CLK VICTIMIZATION PREVENTION
RECOMMENDED ACTION:
Adopt Ordinance No. NS-658 amending Chapter 8.04 of the Carlsbad Municipal Code
pertaining to parental responsibility and juvenile crime and victimization prevention.
ITEM EXPLANATION:
Ordinance No. NS-658 was introduced and first read at the City Council meeting held on
March 1 I , 2003. The second reading allows the City Council to adopt the ordinance, which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 17,102 on file with the City Clerk.
EXHIBITS:
1. Ordinance No. NS-658.
\
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:
“8.04.01 0 Title and purpose. >e Parental Responsibilit and Juvenile Crime and Victimization Prevention Law of the city of CarlsbaJ The purpose of this chapter is: (a) To promote the public health, safety, and welfare by reducing juvenile violence 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 B awful activities involving alcohol, drugs,
yc) To foster and strengthen parental responsibility for juveniles.” raffiti, vandalism, theft and gang-related crimes; and
SECTION 2. That Section 8.04.020 of the Carlsbad Municipal Code is
Irdinance 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 I1 :00 p.m. and 5:OO a.m. each da .
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.
placed the subject juvenile. (8 “Parent” 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. (i) “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
‘7
(dl %uardian” means a person who, under court order, is the guardian
“l!mancipated” means a juvenile who is self-supporting and
of the subject juvenile, or a public or private agency with which a court has
“Juvenile” means any person under the age of eighteen.
amended to read as follows:
“8.04.030 Prohibition- Juvenile. txcept as provided in Section 8.04.050, 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. kxcept 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 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:
“8.04.050 Exceptions. Sections 8.04.030 and 8.64.040 do not applv: (a) When the juvenile is accompanied bya parent, guardian, or responsible adult, or
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 rn, 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 E) 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 (jp When the juvenile is emancipated.”
SECTION 6. That Section 8.04.060 of the Carlsbad Municipal Code is
or state constitutions, SUC 1 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 thrs chapter is guilty of an infraction, except that the fourth and eac R additional violation of a provision within one ear shall be a misdemeanor. Penalties for a violation of this chapter shall i!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
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.
I/
I/
I/
I1
3rdinance No. NS-658 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
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: Cour1cil I4enber Lewis. Finnila ~ Hall and Packard.
NOES: None -
ABSTAIN: None-
ABSENT: Council Member Kulchin.
APPROVED AS TO FORM AND LEGALITY:
ATTEST:
3rdinance No. NS-658 4