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Home My WebLink About9/3/2003 - STAFF REPORTS (33) DATE: September 3, 2003 TO: City Council FROM: Chief of Police SUBJECT: Modifying Municipal Code Sections 11 .56.005 through 11.56.045 — Curfew and Truancy RECOMMENDATION: That the City Council approve the modification of Municipal Code Sections 11.56.010 through 11.56.040, and adopt sections 11.56.005 and 11.56.045 — Curfew and Truancy Restrictions to bring these sections into ensure compliance with recent court decisions. SUMMARY: The City of Palm Springs has Municipal Code sections that deal with curfew restrictions. Adopted by the Council in 1996 by Ordinance 1530 Sec.2, these sections are needed to give law enforcement a method to address the problem of juveniles participating in illegal activities during the nighttime and school hours. These sections need to be modified to ensure compliance with recent court decisions. BACKGROUND: An Appellate Court decision, (Nunez v. City of San Diego 114 F. 3d 935) determined that any ordinance that restricts a minor's movements must be specific as to what conduct is prohibited, and what conduct is permitted. The Police Department historically has used the Curfew Ordinance as a means of preventing crimes committed by juveniles between the hours of 10:00 PM and 6:00 AM. The ability to remove juveniles from public places during these hours when they are not involved in lawful activity has had an impact on the amount of crimes that juveniles have committed. During the three year period from January 1, 2000 - December 31, 2002 there were 1374 juveniles arrested in the City. The total juveniles arrested between the hours of 10:00 PM and 6:00 AM was 252. These numbers show that during the eight hours of Curfew, the number of juveniles arrested is significantly less than during the other sixteen hours of the day. This would indicate that the current Curfew ordinance has had a positive impact on reducing the number of crimes committed by juveniles. Another important reason to restrict juveniles during the hours of Curfew is to prevent them from becoming victims of crimes. While the actual number of I003/010/25922 v1 juvenile victims is not easily retrieved from our statistics, it is our belief that the relationship is similar to those of juveniles arrested. The Police Department has also historically used the Truancy Ordinance as a means of preventing crimes committed by juveniles on school days between the hours of 7:30 AM and 2:10 PM. The ability to remove juveniles from public places during these hours when they are not involved in lawful activity has had an impact on the amount of crimes that juveniles have committed. During the three year period from January 1, 2000 - December 31, 2002 there were 1374 juveniles arrested in the City. The total juveniles arrested between the hours of 7:30 AM and 2:10 PM was 253. These numbers show that the Truancy Ordinance has significantly reduced crime by juveniles during school hours. This would indicate that the current Truancy ordinance has had a positive impact on reducing the number of crimes committed by juveniles. Another important reason to restrict juveniles during school hours is to prevent them from becoming victims of crimes. While the actual number of juvenile victims is not easily retrieved from our statistics, it is our belief that the relationship is similar to those of juveniles arrested. The attached Municipal Codes addressing Curfew and Truancy have been written by the City Attorney's Office, and are crafted so as to comply with the directions provided by the Court in the Nunez case. They will allow the Police Department to continue to address the concerns of juveniles as crime suspects and crime victims during the hours of Curfew and school hours, and they protect the rights of the juveniles and the rights of their parents. Gary J� ndt n Chief of Police Approved ram ' City Manager — Attachment: 1. ORDINANCE NO. 1003/010/25922 vi G Na5877b. CITY OF PALM SPRINGS en Inc manor's paten p or legal guardian has gi a ORDINANCE NO. 1636 en the planar i establishment ishment d to i the s h l heart, place or establishment during the school hours, AN ORDINANCE CALIFORNIA,THE CITY OP PALM C. the minor is 'meowed m ec emergency, or r SPRINGS 1156 010REPEALING SECTIONS on an emergency errand directed by his in her 11 56.040 NIJ Al010 11,56 SECTIONS 11.56.030, parent, guardian, or other adult person having le- 11,56 040 AND A 6EOCp1017,56.040 AND ggal care or custody of the minor;nb 11.56.016, 11 56.020,P 7 D. The minor's school student body is excused hed- CC.DE0R A THE PALM SPRINGS MUNICIPAL for minimum class schedule or due to a ached- CODE REGARDING L OF AND TRUANCY tiled day off, school vacation, or staff and service THE CITY COUNCIL OF THE CITY DA PALM school summer vacation, n when the mmor s SPRINGS. CALIFORNIA HEREBY ORDAINS AS school day does not begin until later than seven- FOLLOWS: thirty Sa.mec or ends prior toshall two-ten p.m in which SECTION 1. Section 11.56.0115,S !Definitions," is case Section 7 !nor is shall apply during the school; hereby read i to i the Palm Springs Municipal teal hours the minor is scheduled le be is school; i tCod.66 00 reed m its entirety as i'ollows: E The minor has permission to leave ti school AS used i Definitions campus for lunch or a school-related activity and As asetl In this chapter, the following words and has m his or her possession a valid, school-Is- phrases shaft have the meaning set out below' sued, off-campus permit; or A. "Emergency" means one to more unforeseen tF.o The minor is an emancipated minor" 0 that circumstances or resulting state requiring immedl- term Is defined in Faintlyy Code Tooter of p ate action, such as a fire,rin natural disaster, n Qi- to SECTION 6 Section 11,56 045 "Lra to he parent dent nt situation requiring immediate action or or guardian," is herebyy added to the Palm ' prevent or treat serous injury,or loss to person or PROO. Springs Municipal Code fo read in its entirety as pproperty. follows: B. Establishment" means any privately owned 11.56045 Halof parent or guardian. place of business to which the public is invited ( , l2 Notwithstanding any liability imposed under Sec- including but not limited to places of amusement ton11.56.050 of this chapter, the parent or or entertainment. guardian providing written consent under Palm C. 'Guardian' means a person ordered to be Springs Municipal Code Sections 11.SG 020(B)or such by a Out or a public or private agency with 11 56,040 (B) may be held liable for acts of the whom the minor has been placed. - minor performed during school hours or curfew D. "Moroi" means any person under eighteen hours, as follows: yyears of age. A Civilly liable to the extent provided under state E. "Parent' means a person who is a natural, law, Including but not limited to, liability imposed adoptive or step-parent or someone at least eiph- by California Civil Code Section 1714.1 for any teen years old authorized by a parent or guardian willful misconduct of the minor which results in in- to have care, custody or control of the minor. jury or death to another person,or damage to the F. "Public place" means any place to which the pproperty of another, or public or a substantial group aF the public has so- - STATE Or, CAI B. Criminally liable as a misdemeanor for any _ _ cess and includes, but Is not limited to, streets,County of River: - criminal act of a minor to the extent provided un- highways and—the common—areaa�i�+chh_ol,. _ der state law. apartment houses,office buildings,transport facil- SECTION 7. PUBLICATION. The City Clerk is !ties and shops. "Curfew hereby ordered and directed to certify to the pas- SECTION 2. Current Section 11 56.010, sage of this Ordinance,and to cause the same or restrictions,' to the Palm Springs Mumypal Code summary thereof,or a display advertisement,duly is hereb to and replaced b Section prepared according to law,to be published in an. 11.56.01�, Curfew restrictions, to the Palm cordance with law. Springs Municipal Code to read in Its entirety as _ SECTION 3. EFFECTIVE DATE. This Ordinance follows: shall be in full force and effect thirty(30) days at- 11.66.010 Curfew restrictions. ter passage It is unlawful for any minor under the age of ergh- I am a Citizen of SECTION 9. SEVERABILITY. If any section, sub'-, teen to remain m an public place or esven the section, mbdivi ion, pparagraph, sentence, clause melt within the City of Palm Springs between the the County afore or phrase of this Or Trance, or any part thereof, hours of ten p.m and six a.m., except as pravid- is held invalid or unconstitutiona(, such decision ad In Palm Springs Municipal Code Section years,and not a shall not affect the validity of the remaining sec- 11.56.020. above-entitled n1 tions or portions of this chapter or part thereof, The City Council hereby declares that it would SECTION 3 Current Section 11.56.020, "Curfew printer of the,D] have passed each section, subsection, subdmi- "spiel to the Palm Springs Municipal Code Sian, paragraph, sentence, clause or phrase of is herebyy iepeaaed and replaced by Section COMPANY a D this Ordinance irrespective of the fact that any 11,56.020, Curfew excepbens, to the Palm one or more sections, subdivisions, pparegra hs, Springs Municipal Code to read in its entirety as printed and pub9 sentences, clauses or phrases may be declared follows: invalid or unconstitutional. 11.56.020 Curfew Exceptions. County of Ravel' SECTION 10. FULL FORCE AND EFFECT. Except It shall not be a violation of Section 11,56.010 a nCW as set forth herein, the remainder of Chapter when: .adjudged 11 56 of the Palm Springs Municipal Code shall A The minor rs accompanied by his or her par- Superiol'Court f remain unmodified and in full Force and effect. earl legal guardian,or other person having legal ADOPTED this t7th day of September, 2003. care or custody of the minor, California under B The minor's parents)or legal guardian has giv- AYES Members Mills, Oden, Reller-Spurgin and en the minor written permission to remain m a Numher 191236i Mayor Kleindienst public place or establishment during curfew annexed is a rat NOES: None hours; P ABSENT: Member Hodges C. The minor Is involved in an emergency, or is on an emergency errand directed by his or her than Itnn parlcl, ATTEST: CITY OF PALM SPRINGS,CALIFORNIA parent, guartlian, or other adult person having le- and entire issue I By/s/Patricia A.Sanders /s/William G.Klein- al care or custody of the minor; diernst The minor is aHendmg, going to or returning supplement then home without any detour or stop from an °eiduai City Clerk Mayor meeting,school activit civic organization, eational, religsous or recreational activity super- REVIEWED &APPROVED, ,,ad by adults; PUB. September 26, 2003 E.The miner is engaged In lawful employment ac- September 26ui -"""'-- piviiy or is going to or returning from a lawful am- lo melt soul y without any detour or stop; "emancipated J ent io ______________________________ _ _________ __________ c tun he mmor rs on the sidewalk ad a his/her residence; rC1 The mmor isi a r miry Code c e L,ml 0 that derndroily rude " looP;— The inor is in a ------------------_---------_---__________ _ _ se state f travel, or efiterdi freedom nof of eh, rigryd in m- All in late year 2003 I.The minor is exercisrn his/her First Amendment bly I certify(or declare)under penalty of perjury that thet of as- foregoing is true and correct. SECTION 4. Current Section 11 56.030, "Truancy w by minors--Restrictions,"to the Palm Springs Nlu- 29 mcipal Code is hereby repealed and replaced by Section 1t56.030, "Truanc y by m inors --Re stdc- Dated at Palm Springs,California this--------day trans," to the Palm Springs Municipal Code to read in its entirety as follows' 11.56.030 Truancy by minors — Restrictions. of----------September--------------------------- 2003 In addition to the provisions of Palm Springs Mu- �� p I al Cotl Section 11 56.010, it is unlawful for any minor under the a,r of eighteen,who is sub- lect to compulsory eaucatlan or to compulsory continuation etlucanon requirements,to remain in any public place or establishment within the Cny of Patin 5p611 a between the hours o!seven-thirty Signature i a m.and two-ten p.m.or other hours as das! net r etlyby) the respective school dis a t or pschool anII to 1 is in v�tled mhPe as i lm fill S umc pal eC°dot Se timl 11 56.041, SECTION 5. Current Section 11 56.040, "Truancy exceptions," to the Palm Springs Municipal Code is hereb lOn repealed and replaced to theePtalm 17.5'04 "Truancy exceptions, 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 r when. A.The minor is accompanied by his or her par- mus), legal guardian, or other person eighteen a having legal care or custody