HomeMy WebLinkAboutOrdinance - 2413 - Amend Title 10
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ORDINANCE NO. 2413
AN ORDINANCE OF THE CITY OF REDDING AMENDING
TITLE 10 (OFFENSES BY OR AGAINST MINORS),
CHAPTER 10.50 (CURFEW) OFTHE REDDING MUNICIPAL
CODE BY AMENDING THE TITLE, REPEALING SECTION
10.50.010 AND ADDING SECTIONS 10.50.010 THROUGH
10.50.060 ALL RELA TING REGULATIONS PERTAINING TO
CURFEWS AND DAYTIME LOITERING DURING SCHOOL
HOURS FOR MINORS
WHEREAS, a juvenile curfew ordinance is necessary and desirable because ofthe protection
of minors and the safety of the community; and
WHEREAS, this ordinance imposing a higher degree of governmental regulation over the
activities of minors is necessary due to the particular vulnerability of minors and the inability of
some minors to make critical decisions in an informed and mature manner.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Title 10, Chapter 10.50 (Curfew) is hereby repealed and amended to read as
follows:
JUVENILE CURFEW AND DAYTIME LOITERING ON SCHOOL DAYS
Section 2. Title 10, Chapter 10.50, Section 10.50.0 I 0 (Established) is hereby amended
to read as follows:
10.50.010 Defmitions.
For purposes of this Chapter:
"Adult" means any person eighteen (18) years of age and older.
"Curfew hours" means the period from 11 :00 p.m. any evening of the week,
until 6:00 a.m. the following day. .
"Emergency" includes but is not limited to fire, natural disaster, automobile accident, or
requirement for immediate medical care for another person.
"Establishment" means any privately owned place of business operated for a profit to which
the public is invited, including but not limited to any place of amusement or entertainment.
"Juvenile" means any person under eighteen (18) years of age.
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"Parent" means a person who is the natural, step or adoptive parent of a person. "Parent"
includes a court-appointed guardian or other person eighteen (18) years of age or older authorized
by the parent, by a court order, or by a court-appointed guardian to have the care and custody of the
person.
"Public place" means any place to which the public or a substantial group of the public has
access and includes, but is not limited to, streets, highways, and the common areas of schools,
hospitals, office buildings, transport facilities, shopping centers, and malls.
"Responsible adult" means a person at least eighteen (18) years of age, authorized by a
parent or guardian to have the care and custody of a minor.
Section 3. Title 10, Chapter 10.50, Section 10.50.020 through Section 10.50.060 are
hereby added to read as follows:
10.50.020 Curfew Restrictions.
(a) It is unlawful for any juvenile to loiter, idle or wander upon the public streets, highways, roads,
alleys, parks, playgrounds, or other public grounds, public places, public buildings, or the premises
of any establishment, vacant lots or any unsupervised place during curfew hours.
(b) It is unlawful for any parent or guardian of a juvenile knowingly to permit, or by insufficient
control to allow, the juvenile to loiter, idle or wander upon the public streets, highways, roads,
alleys, parks, playgrounds, or other public grounds, public places, public buildings, or the premises
of any establishment, vacant lots or any unsupervised place during curfew hours.
10.50.030 Daytime Loitering During School Hours.
(a) It is unlawful for any juvenile who is subject to compulsory education to loiter, idle, wander, or
be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds,
public places, public buildings, or the premises of any establishment, vacant lots or any unsupervised
place between the hours of 8:30 a.m. and I :30 p.m. on any day and at a time when school is in
session for that juvenile.
(b) Except for a student verified to be participating in an accredited home school program, it is
unlawful for any juvenile who is subject to a compulsory alternative education program to loiter,
idle, wander, or be in orupon the public streets, highways, roads, alleys, parks, playgrounds, or other
public grounds, public places, public buildings, or the premises of any establishment, vacant lots or
any unsupervised place between the hours of8:30 a.m. and I :30 p.m. on any day and at a time when
that juvenile would otherwise be required to attend a regular compulsory education school.
(c) It is unlawful for the parent of any juvenile to knowingly permit or by insufficient control allow
the juvenile to be in violation of Sections 10.50.020 or 10.50.030.
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10.50.040 Exceptions to Curfew Restrictions and Daytime Loitering During School Hours.
Sections 10.50.020 and 10.50.030 shall not apply to any circumstance when the juvenile is:
(a) accompanied by the juveniles's parent or guardian, or by a responsible adult;
(b) on an errand at the direction of the juvenile's parent or guardian, or the responsible adult, without
any detour or stop;
(c) in a motor vehicle involved in interstate travel;
(d) engaged in an employment activity, or going to or returning home from an employment activity,
without any detour or stop;
(e) involved in an emergency;
(f) on the sidewalk abutting the juvenile's residence;
(g) attending an official school, religious, or other recreational activity supervised by adults and
sponsored by the City of Redding, a civic organization, or another similar entity that takes
responsibility for the juvenile;
(h) exercising First Amendment rights protected by the United States Constitution; or
(i) emancipated pursuant to law.
10.50.050 Enforcement Procedures
(a) Upon any violation of section 10.50.020 or 10.50.030, a peace officer may issue a citation to the
juvenile and may transport the juvenile home or to the school from which the juvenile is absent. If
cited, the juvenile and a parent shall appear in court as directed in the citation. The parent shall be
advised of the fact that the juvenile was cited for a violation of Redding Municipal Code section
10.50.020 or 10.50.030. The parents shall be warned of their responsibility and liability as the
juvenile's parents.
(b) If a parent has been previously warned as set forth in Redding Municipal Code section
1O.50.050(a), upon a parent's first violation of Redding Municipal Code section 1O.50.020(b) or
I 0.50.030( c), a peace officer may issue a citation for an infraction to the parent to appear in court.
(c) When a parent has previously been issued a citation for an infraction as set forth in Redding
Municipal Code section 1O.50.050(b), upon any subsequent violation by a parent of section
1O.50.020(b) or 1O.50.030(c), a peace officer may issue a citation for a misdemeanor to the parent
of the juvenile to appear in court.
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10.50.060 Penalties
(a) Any person convicted of an infraction for violation of Redding Municipal Code sections
10.50.020 or 10.50.030 may be punished by a fine not exceeding two hundred fifty dollars ($250.00)
or by a requirement to perform city, county or school- approved projects or community service, or
both. Ifrequired to perform a project, the total time for performance shall not exceed twenty (20)
hours over a period not to exceed sixty (60) days, during times other than a juvenile's hours of
school attendance or a juvenile or parent's hours of employment.
(b) Any parent convicted of a misdemeanor violation of section 1 0.50.020(b) or I 0.50.030( c) may
be punished by imprisonment in the county jail not exceeding six (6) months, or by a fine not
exceeding one thousand dollars ($1,000), or by both.
Section 4. The passage of this ordinance is not a "project" according to the definition in
the California Environmental Quality Act, and therefore is not subject to the provisions requiring
environmental review.
Section 5. This ordinance shall take effect 60 days after the date of its adoption, and the
City Clerk shall certify to the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council at a regular meeting on the 17th day of June, 2008; and was duly read and adopted at a
regular meeting on the 1st day of July, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Dickerson, Jones, and Stegall
Murray
None
None
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Attest:
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Form Approved:
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CONNIE STROHMAYER,~ '. Clerk
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RICHARD A. DUVERNA Y, C~ttorney
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