HomeMy WebLinkAbout1530 - ORDINANCES - 4/17/1996 ORDINANCE NO. 1530
' AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
RELATING TO JUVENILE TRUANCY AND CURFEW
VIOLATIONS, CITATION TO THE TRAFFIC
DEPARTMENT OF' THE JUVENILE COURT,
ADMINISTRATIVE COST RECOVERY, AND
AMENDMENTS TO CHAPTER 11. 56 OF THE PALM
SPRINGS MUNICIPAL CODE IMPLEMENTING SAME
WHEREAS, juvenile loitering, curfew, and truancy offenses
are all problems that create a burden for all citizens
throughout the City of Palm Springs; and
WHEREAS, there is a growing problem within the County of
Riverside, including the City of Palm Springs, involving
juveniles who are both the victims and the perpetrators of
crime; and
WHEREAS, among the many law enforcement tools available
to City of Palm Springs to assist in the reduction of juvenile
crime and to reduce the number of juveniles who are the
victims of crime, is the adoption of legislation to ensure
that minors do not loiter in public places during hours when
they should be attending school; and
WHEREAS, the City Council of the City of Palm Springs
believes that students between the ages of 12 and 18 must
attend school to receive the necessary education; and
WHEREAS, students between the ages of 12 and 18 are
generally required to attend classes between the hours of 7 :30
a.m. and 2 : 10 p.m. or during other hours as designated by
their respective school district (s) ; and
WHEREAS, some students attending compulsory continuation
or independent studies education and should be involved in
those related activities between 7 :30 a.m. and 2 : 10 p.m. ; and
WHEREAS, students who are truant during the school day
create a law enforcement problem while loitering in public
places or places where they are not under adult supervision;
and
WHEREAS, such students who are truant presently realize
little or no risk or legitimate consequence for their actions;
and
WHEREAS, school district suspension of such students
places those same students back on the streets, resulting in
additional law enforcement service costs; and
WHEREAS, unsupervised juveniles may involve themselves in
unsafe or illegal activities while loitering in residential
neighborhoods, business areas, malls, and other public and
private places; and
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Ordinance No. 1530
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WHEREAS, unsupervised juveniles become a burden on law ,
enforcement personnel who must return them to school, wait for
parents to retrieve them, and investigate illegal activities
which sometimes result from minor truancy; and
WHEREAS, the data available suggests that citing
juveniles to the Traffic ]Department of the Juvenile Court for
loitering or other curfew or truancy violations facilitates
the expeditious processing of such citations and the swift
imposition of appropriate sanctions and other remedies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS ;
SECTION 1. Title 1, Chapter 1. 08, of the Palm Springs
Municipal Code is hereby amended by adding thereto Section
1 . 08 . 060 to read as follows :
111 . 08 . 060 Processing of Juvenile Citations .
Notwithstanding any other provision of this Code,
when any minor under the age of 18 years is charged
with a violation of this Code, and a peace officer
issues a notice to appear in Superior Court to such
minor, the charge shall be deemed an infraction
unless the minor requests that a petition be filed
under a Welfare & Institutions Code §§ 601 and 602, '
and shall be heard, pursuant to Welfare &
Institutions Code § 256, by the traffic hearing
officer of the .Riverside County Juvenile Court. If
such minor has, for a period of fifteen (15) or
more days, violated a written promise to appear or
a lawfully granted continuance of a promise to
appear, the traffic hearing officer shall give
notice of such failure to appear to the Department
of Motor Vehicles, all as authorized by Vehicle
Code § 40509 , and shall take such further steps as
are authorized by law to effect a suspension of the
minor' s privilege to operate a motor vehicle. "
SECTION 2 . Title 11, Chapter :1.1 . 56 of the Palm
Springs Municipal Code, is hereby amended by deleting, in its
entirety, Sections 11 . 56 . 010 and 11. 56 . 020 and by adding
thereto in their place and stead the following:
1111.56 . 010 Curfew Restrictions . it. is
unlawful for any minor under the age of 18 years to
loiter, wander, play, or aimlessly drive or ride
about, in or upon any public street, highway, .road,
alley, park, playground, or other public ground,
public place, public: building, place of amusement, ,
eating establishment or place, vacant lot, or any
unsupervised place between the hours of 10 . 00 p.m.
on any day and sunrise of the immediately following
day.
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Ordinance No. 1530
Page 3
' 11. 56 . 020 Curfew Exceptions . Section
11.56. 010 shall not apply when:
(1) The minor is accompanied by his or her
parent, guardian, or other adult person
having care or custody of the minor; or
(2) The minor is on an emergency errand
directed by his or her parent, guardian,
or other adult person having care or
custody of the minor; or
(3) The minor is going to or coming directly
from his or her place of gainful
employment or going to or coming directly
from a medical appointment; or
(4) The minor is returning directly home from
a public meeting, or a place of public
entertainment, such as a movie, play,
sporting event or school activity; or
(5) The minor is an ' emancipated minor' as
that term is defined in Family Code
7002 .
11.56 . 030 Truancy by Minors; Restrictions . It
is unlawful for any minor under the age of 18
years, who is subject to compulsory education or to
compulsory continuation pursuant to the Education
Code, to loiter, wander, play, or aimlessly drive
or ride about, in or upon a public street, highway,
road, alley, park, playground, or other public
ground, public place, public building, place of
amusement, eating establishment or place, vacant
lot, or any unsupervised place during the hours of
7: 30 a.m. and 2 : 10 p.m. on any day(s) when school
is in session.
11 .56 . 040 Truancy Exceptions . Section
11 . 56 . 030 shall not apply when:
(1) The minor is accompanied by his or her
parent, guardian, or other adult person
having care or custody of the minor; or
(2) The minor is on an emergency errand
directed by his or her parent, guardian,
or other adult person having care or
custody of the minor; or
' (3) The minor is going to or coming directly
from his or her place of gainful
employment or going to or coming directly
from a medical appointment; or
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(4) The minor has permissions to leave a ,
school campus for lunch or a school
related activity and has in his or her
possession a valid, school-issued, off-
campus permit; or
(5) The minor' s school student body is
excused for minimum class schedule or due
to a scheduled day off, school
holiday (s) , staff and service day(s) ,
summer vacations, or when the minor' s
school day does not begin until later
than 7 :30 a.m. , in which case Section
11 . 56 . 030 shall apply during the actual
hours the minor' s school is in session;
or
(6) The minor is an ' emancipated minor' as
that term is defined in ]gamily Code §
7002 .
11 . 56 . 050 Duty of Parent or Guardian. Every
parent, guardian, or other adult ;person having
legal care, custody, or control of any minor under
the age of 18 years who knowingly aids, abets, or
allows such minor described in Sections 11 . 56 . 010 '
or 11. 56 . 030 to violate the provisions of those
Sections is guilty of a misdemeanor.
11. 56 . 060 Minor Curfew, Truancy, or Willful
Misconduct Cost Recovery Authorization.
(1) Determination by Court. When, based on a
finding of civil liability or criminal conviction
for violation of curfew, truancy or willful
misconduct, in violation of Welfare & Insti.tut:ions
Code § 602 , a minor under 18 years is detained for
a period of time in excess of one (1) hour, and
said detention requires the supervision of such
minor by personnel. of the Palm Springs Police
Department, the parent (s) or legal guardian (s)
having custody or control of such minor shall be
jointly and severally liable for the cost of
providing such personnel over and above the
services normally provided by the Palm Springs
Police Department.
(2) Determination by Chief of Police. As
determined by the Chief of Police of the Palm
Springs Police Department, or his/her designee, the ,
parent (s) or legal guardian(s) of a minor under the
age of eighteen (18) years committing any public
offense amounting to an action of willful
misconduct in violation of Welfare & Iastitut:ions
Code § 602 , where personnel of the Palm Springs
Police Department provide services relating to the
detention, processing, or supervision, of such minor
in excess of one (1) hour, may be assessed, and
billed for, the actual cost of providing such
personnel and services .
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Ordinance No. 1530
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' (3) Appeal . Any person receiving a bill for
police services pursuant to this Section
11 .56. 060 (1) or (2) may, within fifteen (15) days
after the billing date, file a written request
appealing the imposition of such charges . Any
billing sent pursuant to this Section shall inform
the billed party of the right to appeal said
billing. Any appeal regarding such billing shall
be heard by the Administrative Appeals Board.
Upon the filing of a request for appeal, payment of
a billing for such police services shall be
suspended until notice of the decision of the
Administrative Appeals Board. If the appeal is
denied, in whole or in part, all amounts due
pursuant thereto shall be paid to the City of Palm
Springs within thirty (30) days after notice of the
decision of the Administrative Appeals Board.
(4) Authorization to Adopt Additional Cost
Recovery Resolution. Pursuant to Welfare &
Institutions Code § 625 .5 (b) , the City Council is
authorized to adopt a resolution implementing the
cost recovery provisions of such section.
11 . 56 . 070 Penalty. Any minor convicted of
' violating this Chapter is punishable by:
(1) First offense A fine not exceeding
$50 . 00 or ten hours
of community service;
(2) Second offense A fine not exceeding
$75 . 00 or fifteen hours
of community service;
(3) Third and A fine not exceeding
subsequent offenses $100 or twenty hours
of community service. "
SECTION 3 . Any section, subsection, 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 shall not affect the
validity of the remaining portions of this Ordinance. The
City Council of the City of Palm Springs hereby declares that
it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections,
' subsections, sentences, clauses, phrases, or portions thereof
may be declared invalid or unconstitutional .
SECTION 4 . Effective Date. This Ordinance shall be
in full force and effect thirty (30) days after passage.
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SECTION S . Publication. The City Clerk is hereby ,
ordered and directed to certify to the passage of this
Ordinance, and to cause the same or a summary thereof, or a
display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED, this 17th day of April 1996 .
AYES : Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst
NOES : None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
B Y,
`City Clerk Mayor
REVIEWED & APPROVED AS TO FORM:
I HEREBY CERTIFY that the foregoing Ordinance 1530 was duly
adopted by the City Council of the City of Palm Springs,
California, in a meeting held on the 17th day of April , 1996,
and that same was duly published in the DESERT SUN, a newspaper
of general circulation on
l
JUDITH SUMICH
City Clerk
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