The URL can be used to link to this page

Home My WebLink About1636 - ORDINANCES - 9/17/2003 ORDINANCE NO. 1636 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTIONS 11.56.005, 11.56.010, 11.56.020, 11.56.030, 11.56.040 AND ADDING SECTIONS 11.56.005, 11.56.010, 11.56.020, 11.56.030, 11.56.040 AND 11.56.045 OF THE PALM SPRINGS MUNICIPAL CODE REGARDING CURFEW AND TRUANCY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 11.56.005, "Definitions," is hereby added to the Palm Springs Municipal Code to read in its entirety as follows: 11.56.005 Definitions. As used in this chapter, the following words and phrases shall have the meaning set out below: A. "Emergency" means one or more unforeseen circumstances or resulting state requiring immediate action, such as a fire, natural disaster, accident or situation requiring immediate action to prevent or treat serious injury or loss to person or property. B. "Establishment" means any privately owned place of business to which the public ' is invited, including but not limited to places of amusement or entertainment. C. "Guardian" means a person ordered to be such by,a court or a public or private agency with whom the minor has been placed. D. "Minor" means any person under eighteen years of age. E. "Parent' means a person who is a natural, adoptive or step-parent or someone at least eighteen years old authorized by a parent or guardian to have care, custody or control of the minor. F. "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 school, apartment houses, office buildings, transport facilities and shops. SECTION 2. Current Section 11.56.010, "Curfew restrictions," to the Palm Springs Municipal Code is hereby repealed and replaced by Section 11.56.010, "Curfew restrictions," to the Palm Springs Municipal Code to read in its entirety as follows: 11.56.010 Curfew restrictions. It is unlawful for any minor under the age of eighteen to remain in any public place or establishment within the City of Palm Springs between the hours of ten p.m. and six a.m., except as provided in Palm Springs Municipal Code Section 11.56.020. /vi!57A 1003/001/23405 v2 Ordinance 1636 Page 2 SECTION 3. Current Section 11.56.020, "Curfew exceptions," to the Palm Springs Municipal Code is hereby repealed and replaced by Section 11.56.020, "Curfew exceptions," to the Palm Springs Municipal Code to read in its entirety as follows: 11.56.020 Curfew Exceptions. It shall not be a violation of Section 11.56.010 when: A. The minor is accompanied by his or her parent(s), legal guardian, or other person having legal care or custody of the minor; B. The minor's parent(s) or legal guardian has given the minor written permission to remain in a public place or establishment during curfew hours; C. The minor is involved in an emergency, or is on an emergency errand directed by his or her parent, guardian, or other adult person having legal care or custody of the minor; D. The minor is attending, going to or returning home without any detour or stop from an official meeting, school activity, civic organization, educational, religious or recreational activity supervised by adults; E. The minor is engaged in lawful employment activity or is going to or returning from a lawful employment activity without any detour or stop; F. The minor is on the sidewalk adjacent to his/her residence; G. The minor is an "emancipated minor' as that term is defined in Family Code Section 7002; H. The minor is in a motor vehicle involved in interstate travel; or 1. The minor is exercising his/her First Amendment rights, such as freedom of speech, right of assembly or free exercise of religion. SECTION 4. Current Section 11.56.030, "Truancy by minors--Restrictions,"to the Palm Springs Municipal Code is hereby repealed and replaced by Section 11.56.030, "Truancy by minors -- Restrictions," to the Palm Springs Municipal Code to read in its entirety as follows: 11.56.030 Truancy by minors -- Restrictions. in addition to the provisions of Palm Springs Municipal Code Section 11.56.010, it is unlawful for any minor under the age of eighteen, who is subject to compulsory education or to compulsory continuation education requirements, to remain in any public place or establishment within the City of Palm Springs between the hours of seven-thirty a.m. and two-ten p.m. or other hours as designated by the respective school district or school on day(s) when school is in session, except as provided in Palm Springs Municipal Code Section 11.56.040. 1003/001/23405 v2 Ordinance 1636 Page 3 SECTION 5. Current Section 11.56.040, "Truancy exceptions," to the Palm Springs Municipal Code is hereby repealed and replaced by Section 11.56.040, "Truancy exceptions," to the Palm ' Springs Municipal Code to read in its entirety as follows: 11.56.040 Truancy exceptions. It shall not be a violation of Section 11.56.040 when: A. The minor is accompanied by his or her parent(s), legal guardian, or other person eighteen years of age or older having legal care or custody of the minor; B. The minor's parent(s) or legal guardian has given the minor written permission to remain in a public place or establishment during the school hours; C. The minor is involved in an emergency, or is on an emergency errand directed by his or her parent, guardian, or other adult person having legal care or custody of the minor; D. 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 vacation, or when the minor's school day does not begin until later than seven-thirty a.m. or ends prior to two-ten p.m., in which case Section 11.56.030 shall apply during the actual hours the minor is scheduled to be in school; E. The minor has permission 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 F. The minor is an "emancipated minor" as that term is defined in Family Code Section 7002. SECTION 6. Section 11.56.045 "Liability of parent or guardian," is hereby added to the Palm Springs Municipal Code to read in its entirety as follows: 11.56.045 Liability of parent or guardian. Notwithstanding any liability imposed under Section 11.56.050 of this chapter, the parent or guardian providing written consent under Palm Springs Municipal Code Sections 11.56.020 (B) or 11.56.040 (B) may be held liable for acts of the minor performed during school hours or curfew hours, as follows: A. Civilly liable to the extent provided under state law, including but not limited to, liability imposed by California Civil Code Section 1714.1 for any willful misconduct of the minor which results in injury or death to another person, or damage to the property of another; or B. Criminally liable as a misdemeanor for any criminal act of a minor to the extent provided under state law. SECTION 7. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this ' Ordinance by the City Council of the City of Palm Springs and shall cause a summary of this Ordinance to be published in accordance with Government Code Section 36933. Soh3 1003/001/23405 v2 Ordinance 1636 Page 4 SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its passage. SECTION 9. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, ' clause or phrase of this Ordinance, or any part thereof, is held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this chapter or part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that any one or more sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 10. FULL FORCE AND EFFECT. Except as set forth herein, the remainder of Chapter 11.56 of the Palm Springs Municipal Code shall remain unmodified and in full force and effect. ADOPTED this 17th day of September 2003. AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: Member Hodges CfY�T€S : %UF . \9 IGS CALIFOROIA ?LIL4 AA, Cifiy Clerk Mayor ' REVIEWED & APPROVED AS TO FORM: 1 HEREBY CERTIFY THAT THE FOREGOING Ordinance 1636 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 17th day of September, 2003, and that same was published in the DESERT SUN, a newspaper of general circulation on September 26, 2003. PATRICIA A. SANDERS City Clerk 1003/001/23405 v2