ORDINANCE 1342ORDINANCE NO. 1342
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO AMENDING TITLE 7 CHAPTER 5 OF
THE EL SEGUNDO MUNICIPAL CODE ENTITLED
"CURFEW" IN ITS ENTIRETY
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS
FOLLOWS:
SECTION 1. The El Segundo City Council finds, determines and declares that:
A. The City Council is concerned with the level of juvenile violence, juvenile
gang activity, and juvenile crime in the City;
B. Persons under the age of 18 are particularly susceptible by their lack of
maturity and experience to participating in unlawful and gang - related activities and to be
victims of older perpetrators of crime;
C. The City of El Segundo has an obligation to provide for the protection of
minors from each other and from other persons and for the protection of the general
public, and for the reduction of the incidence of juvenile criminal activities;
D. The incidence of juvenile truancy that plagues our schools creates a burden
upon the health, safety and welfare of the community;
E. Students who are absent from school are denied an education;
F. Unexcused absences result in a loss of state and federal funding to the
detriment of all students;
G. Unsupervised students may involve themselves in unsafe activities by
remaining in residential neighborhoods, businesses, or industrial centers;
H. Some unsupervised students may become a burden on police who must
return them to school, wait for parents to pick them up, and investigate any and all
criminal activity related to the student's truancy;
A Daytime juvenile curfew will promote the public health, safety, and general
welfare;
J. This Ordinance is not intended to, nor should it be construed to, supplant
Education Code § 48260 which regulates the conduct of truants;
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K. The City Council has considered the outcome of the Superior Court case
captioned HarrahN v. City of Monrovia, LASC Case No. BC 170089, which upheld the
constitutionality of the daytime curfew ordinance enacted by the City of Monrovia. In
addition, the City Council recognizes the well- recognized ability of public entities to
establish curfews for minors in order to protect public health, safety, and property;
L. Based upon the foregoing, the City Council believes that it is in the public
interest to adopt a daytime curfew for the purpose of protecting public health, safety,
and property including, without limitation, the safety of minors.
SECTION 2. Title 7 Chapter 5 of the El Segundo Municipal Code ( "ESMC ")
entitled "CURFEW" is amended in its entirety to read as follows:
Chapter 5
DAYTIME CURFEW
SECTIONS:
7 -5 -1
Purpose
7 -5 -2
Definitions.
7 -5 -3
Offenses.
7 -5-4
Defenses.
7 -5 -5
Enforcement.
7 -5 -6
Penalties.
7 -5 -7
Cost Recovery.
7 -5 -1 Purpose.
This daytime curfew is established pursuant to the City's police powers for the
purpose of preserving and promoting the public health safety and welfare and, in
particular, to protect minors.
7 -5 -2 Definitions.
Unless the context clearly indicates otherwise, the terms used in this Chapter will
be defined as follows:
A. "CURFEW HOURS" means 8:30 a.m. until 1:30 p.m. Monday through Friday.
B. "EMERGENCY" means an unforeseen combination of circumstances or the
resulting state that calls for immediate action. The term includes, without limitation, a
fire, a natural disaster, or automobile accident, or any situation requiring immediate
action to prevent serious bodily injury or loss of life.
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C. "ESTABLISHMENT" means any privately -owned place of business operated
for a profit to which the public is invited, including, without limitation, any place of
amusement or entertainment.
D. "GUARDIAN" means a person who, under court order, is the guardian of the
person of a minor or a public or private agency with whom a minor has been placed by
a court.
E. "MINOR" means any person under 18 years of age.
F. "OPERATOR" means any individual, firm, association, partnership, or
corporation operating, managing or conducting any establishment. The term includes
the members or partners of an association or partnership and the officers of a
corporation.
G. "RESPONSIBLE PERSON" means a person who is a natural parent,
adoptive parent, or step - parent of a minor; or at least 18 years of age and authorized by
a minor's parent or guardian to have the care and custody of that minor.
H. "PUBLIC PLACE" means any place to which the public or a substantial group
of the public has access and includes without limitation to, streets, highways, and the
common areas of schools, hospitals, apartment houses, office buildings, transport
facilities and shops.
I. "REMAIN" means to linger or stay or fail to leave premises when requested to
do so by a police officer or the owner, operator, or other person in control of the
premises.
J. "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.
7 -5 -3 Offenses.
It is unlawful for a minor to remain in any public place or on the premises of any
establishment within the city during daytime curfew hours.
7 -5-4 Defenses.
It is a defense to prosecution under this Chapter that a minor was:
A. Accompanied by a Responsible Person;
B. On an errand at the direction of a Responsible Person, without any detour or
stop;
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C. Engaged in an employment activity, or going to or returning home from an
employment activity, without any detour or stop;
D. Involved in an emergency;
E. Attending an official school, religious, or other recreational activity supervised
by adults and sponsored by the City of El Segundo, a civic or religious
organization, or another similar entity, which takes responsibility for the minor;
or going to or returning home from, without any detour or stop, such
supervised activity;
F. Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech, and the
right to peaceably assemble;
G. Emancipated pursuant to law;
H. In a motor vehicle involved in interstate travel;
I. Allowed to leave campus for lunch or a school - related activity and has in
his /her possession a valid, school- issued, off - campus permit or is supervised
by school personnel;
J. Accompanied by a Responsible Person or has in his /her possession a written
excuse from a Responsible Person, which provides a reasonable explanation
for the minors absence from school;
K. Not subject to compulsory education or to compulsory continuation education
pursuant to the California Education Code or when the minor is authorized to
be absent from his or her school pursuant to the provisions of California
Education Code Section 48205, or any other applicable State or federal law;
or
L. Not in school because the minor's school is not in session. This defense is
not applicable if the minor remains in the public areas in the immediate
vicinity of another school that is in session.
7 -5 -5 Enforcement.
Before taking any enforcement action under this section, a police officer will ask
the apparent offender's age and reason for being in the public place or establishment.
The officer will not issue a citation under this section unless the officer reasonably
believes that an offense has occurred and that, based on any response and other
circumstances, no defense in this Chapter exists.
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7 -5-6 Penalties.
A. Each violation of this Chapter will constitute a separate offense and will be
an infraction. Police officers will be authorized to issue a citation for the offender to
appear in a juvenile traffic court of competent jurisdiction, issue a notice to appear in
court pursuant to California Welfare and Institutions Code Section 256, or to file a
juvenile application for a petition to be filed under Section 601 or 602 of the California
Welfare and Institutions Code, at the police officer's discretion.
B. A minor cited for an infraction under this Chapter must attend a court
hearing on the infraction and must be accompanied at the hearing by a Responsible
Person(s). If a Responsible Person(s) fails to attend the hearing with the minor, and
unless the interests of justice would otherwise be served, the court will continue the
hearing and will issue a citation to the Responsible Person(s) directing said person(s) to
appear at the continued hearing with the minor.
C. Persons convicted of violating this Chapter may be fined one hundred
dollars ($100.00) for the first offense within a one -year period; two hundred dollars
($200.00) for the second offense within a one -year period; and five hundred dollars
($500.00) for the third offense within a one -year period. Persons convicted may, in
addition or alternatively be required to perform community service for a total time not to
exceed ten (10) hours over a period not to exceed thirty (30) days, during times other
than his or her hours of compulsory school attendance or employment. The court may
continue the imposition of the sentence described herein and if, after sixty (60) days, the
minor has had no unexcused absences from school during that period, and the minor
produces proof of that fact to the court, the court will cause the imposition of the
sentence to be set aside.
D. Notwithstanding any other provisions of this Code, if the City Council
adopts a resolution to implement cost recovery in accordance with this Chapter, the
police officer will issue a warning citation for a minor's first violation of this Chapter in
accordance with California Welfare and Institutions Code section 625.5 and any
provisions of that City Council Resolution. Warning citations issued in accordance with
this subsection will not be counted as a violation of this Chapter for the purpose of
determining the amount of fines for infraction violations.
7 -5 -7 Cost Recovery.
A minor who violates this Chapter and the Responsible Person(s) of such a
minor, will be jointly and severally liable for the costs of the law enforcement services as
provided in Welfare and Institutions Code section 625.5. Pursuant to Welfare and
Institutions Code section 625.5, this section will be implemented by City Council
Resolution.
SECTION 3. Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or
LA #73295 Daytime Curfew Ordinance Ordinance No. 1342
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unconstitutional by the decision of any court of competent jurisdiction, such decision will
not affect the validity of the remaining portions of this Ordinance. The City Council
declares that it would have adopted this Ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
SECTION 4. The City Clerk will certify to the passage of this ordinance and will
cause the same to be published as required by law.
SECTION 5. This Ordinance will become effective thirty (30) days following its
adoption.
PASSED AND APPROVED this 20th day of November , 2001 .
MAYOR
ATTEST:
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CITY CLERK
LA#73295 Daytime Curfew Ordinance Ordinance No. 1342
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF EL SEGUNDO
I, Cindy Mortesen, City Clerk of the City of El Segundo, do hereby certify that the
foregoing Ordinance No. 1147 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 7th day of
November , 20_Qj_. That thereafter, said Ordinance was duly adopted and
passed at a regular meeting of the City Council on the 20th day of
November _,2001 , by the following vote, to wit:
AYES: COUNCILMEMBERS: Gordon, Jacobs, McDowell, Gaines, Wernick
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None (.
CITY CL K
APPROVED AS TO
Mark D. Hensley, Cj
'Karl H. Berger
Assistant City,
LA#73295 Daytime Curfew Ordinance Ordinance No. 1342
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CITY OF EL SEGUNDO
AFFIDAVIT OF POSTING:
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF EL SEGUNDO }
AFFIDAVIT OF POSTING:
(Insert title of document below)
ORDINANCE NO. 1342
AN ORDINANCE OF TIIE CITY COUNCIL OF THE CITY
OF EL SEGUND09 AMENDII "G TITLE 7 CHAPTER 3 OF
THE EL SEGUNDO MUNICIPAL CODE. ENTIrriam
"CURFEW" IN ITS ENTIRETY.
I, Cathy Domann, declare as follows:
That I am the Deputy City Clerk, acting as a Secretary to the El Segundo City
Council; that a copy of the document listed above for the meeting of November 20, 2001
was posted at the following conspicuous place City Hall Front Window on November 29,
2001 at 9:00 a.m.
I declare under the penalty of perjury that the foregoing is true and correct.
Executed on November 29, 2001.
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