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ORDINANCE 1343ORDINANCE NO. 1343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO ADDING CHAPTER 5.5 TO THE EL SEGUNDO MUNICIPAL CODE ENTITLED NIGHTTIME CURFEWS. 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. Unsupervised minors may involve themselves in unsafe activities by remaining in residential neighborhoods, businesses, or industrial centers; E. Some unsupervised minors may become a burden on police who must, wait for parents to pick them up or return them to parents, and investigate any and all related criminal activity; F. A nighttime juvenile curfew will promote the public health, safety, and general welfare; G. The City Council has considered the outcome of Nunez v. City of San Diego (9th Cir. 1997) 114 F.3d 935, which established minimum requirements for protecting minors' constitutional rights in nighttime curfew ordinances. H. Based upon the foregoing, the City Council believes that it is in the public interest to adopt a nighttime curfew for the purpose of protecting public health, safety, and property including, without limitation, the safety of minors. SECTION 2. Chapter 5.5 is added to Title 7 of the El Segundo Municipal Code (" ESMC ") to read as follows: LA #39508 v2 Nighttime Curfew Ordinance Ordinance No. 1343 Page No. 1 Chapter 5.5 NIGHTTIME CURFEWS SECTIONS: 7 -5.5 -1 Purpose. 7 -5.5 -2 Definitions. 7 -5.5 -3 Offenses. 7 -5.5 -4 Defenses. 7 -5.5 -5 Enforcement. 7 -5.5 -6 Penalties. 7 -5.5 -7 Cost Recovery. 7 -5.5 -1 Purpose This nighttime 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 -5.5 -2 Definitions. Unless the context clearly indicates otherwise, the terms used in this Chapter will be defined as follows: A. "CURFEW HOURS" means 10:00 p.m. until sunrise of the following day. 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. 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 LA#39508 Q Nighttime Curfew Ordinance Ordinance No. 1343 Page No. z 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. L "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 -5.5 -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 nighttime curfew hours. 7 -5.5 -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; 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. On the sidewalk abutting the minor's residence or abutting the residence of a next -door neighbor if that neighbor or other neighborhood resident did not complain to the police department about the minor's presence F. 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 LA #39508 v2 Nighttime Curfew Ordinance Ordinance No. 1343 Page No. 3 supervised activity; G. 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; H. Emancipated pursuant to law; or In a motor vehicle involved in interstate travel. 7 -5.5 -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. 7 -5.5 -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 an 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 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. LA #39508 v2 Nighttime Curfew Ordinance Ordinance No. 1343 Page No. 4 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 -5.5 -7 Cost Recovery. A minor who violates this Chapter and the Responsible Person(s), 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. a 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 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 20QL. 11. �-I& UL MAYOR ATTEST: CITY CL K LA #39508 v2 Nighttime Curfew Ordinance Ordinance No. 1343 Page No. 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF EL SEGUNDO ) I,c. Mortesen City Clerk of the City of El Segundo, do hereby certify that the foregoing Ordinance No.] 342 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of November , 20 01 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 20th day of November , 20 01 by the following vote, to wit: AYES: COUNCILMEMBERS: Gordon, Jacobs, McDowell, Gaines, Wernick NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: N®ne ABSTAIN: COUNCILMEMBERS: None CITY CLEFW APPROVED AS TO FORM Mark D. Hensley, orney Karl °H. Berger Assistant City, LA #39508 v2 Nighttime Curfew Ordinance Ordinance No. 1343 Page No. 6 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. 11343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO ADDOMG CHAPTER 5.5 TO THE EL SEGUNDO MUNICIPAL CODE ENTITLED NIGHTIME CURFEWS. 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.