HomeMy WebLinkAboutCC Ord 1409 1996-09-30
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ORDINANCE NUMBER l/f.otJ
AN ORDINANCE OF THE CITY OF SEAL BEACH,
CALIFORNIA, ADDING SECTIONS 15-5.2 THROUGH 15-
5.11, INCLUSIVE, TO CHAPTER 15 OF THE CODE OF
THE CITY OF SEAL BEACH TO ESTABLISH A DAYTIME
CURFEW FOR MINORS SUBJECT TO COMPULSORY FULL-
TIME EDUCATION, AND RENUMBERING OTHER SECTIONS
OF THE SAME CHAPTER
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY.
ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Seal Beach
does hereby declare and find as follows:
a. The California Constitution Article 9, Section 1,
provides that a general diffusion of knowledge and intelligence is
essential to the preservation of rights and liberties of the
people, and that legislation should encourage by all suitable means
the promotion of intellectual, scientific, moral and agricultural
improvement.
b. The California Legislature has enacted statutes that
subject persons between the ages of 6 and 18, who are not exempt
under California Education Code Section 48200 et~. or California
Education Code Section 48400 n Jigg., to compulsory full-time
education for a minimum school day as established by law.
c. California Education Code Sections 48264, 48265 and
48266 authorize a peace officer to arrest or assume temporary
custody, during school hours, of any minor subject to compulsory
full-time education found away from his or her home and who is
absent from school without valid excuse, to deliver the minor to
his or her parent or guardian or school, and to report the matter
to the school district and the minor's parent or guardian.
d. School absenteeism by minors subject to compulsory
education is a problem that plagues our schools and
burden for all communities throughout the City.
full-time
creates a
e. The unexcused absences of minors from school result
in the loss of State and Federal funding to the detriment of all
students.
f.
valid excuse
loitering in
malls.
Unsupervised students absent from school without a
may involve themselves in unsafe activities by
residential neighborhoods, business districts and
g. Unsupervised students absent from school without a
valid excuse may engage in criminal activity to the detriment of
the community, such as residential burglaries, automobile thefts,
bicycle thefts, vandalism, and other visible signs of disorder.
h. Unsupervised students absent from school without a
valid excuse may become a burden on police who must either return
them to school or wait for parents or custodial persons to piCk
them up, and who must investigate any and all activity related to
the minor's absenteeism.
i. The State truancy and compulsory full-time education
requirements have not prevented minors from frequenting public
places or abandoned or vacant buildings during hours of mandatory
school atten4ance and perpetuating juvenile criminal activity,
criminal street gang activity, graffiti, vandalism, alcohol and
drug abuse and other incidents of juvenile crimes within the
community to the detriment of public safety, health and welfare.
j. This ordinance promotes and protects the public
safety, health and welfare by reducing the incidence of juvenile
criminal activity and establishes parental and guardian obligations
and penalties for the minors in their care that violate the
ordinance.
Ordinance Number /~~~
k. The city of Seal Beach is a charter city, formed
under the laws and Constitution of the State of California.
section 2. Sections lS-6 and 15-6.1 of the Code of the
City of Seal Beach are hereby renumbered as Sections 15-S.1 and 15-
6, respectively.
Section 3. Chapter IS of the Code of the city of Seal
Beach is hereby amended by adding Sections 15-5.2 through lS-5.11,
inclusive, to read as follows:
"Section 15-S. 2.
purpose and intent
of this Chapter is
Davtime CUrfew -- PurDose and Intent. The
of Sections lS-5.2 through 15-S.11, inclusive,
to:
(a) Prohibit any minor, under the age of 18, who is subject to
compulsory education or to compulsory continuation education,
subject to specific exceptions related herein, from loitering
in or upon the public streets, highways, roads, alleys, parks,
playgrounds, or other public places between the hours of
8:00 a.m. and 2:30 p.m. on days when said minor's school is in
session:
(b) Prohibit any parent or guardian from knowingly permitting or
allowing a minor to be in violation of this ordinance: and
(c) Provide appropriate sanctions against any minor or parent or
guardian who violates this ordinance by making a violation of
this ordinance an infraction.
Section lS-S. 3. Davtime Curfew -- Definitions.
meanirigs shall apply to the words. used in sections
lS-5.11, inclusive, of this Chapter:
The following
lS-5.2 ~hrough
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(a) Emeraencv means an unforeseen combination of circumstances or I
the resulting state that calls for immediate action. The term
includes, but is not limited to the following: a fire, a
natural disaster, an automobile accident, or any situation
requiring immediate action to prevent serious bodily injury or
loss of life.
(b) Guardian means (1) a person, who under court order, is the
guardian of a minor: or (2) a public or private agency with
whom the minor has been placed by court order: or (3) a person
at least 18 years of age exercising care and custody of the
minor.
(c) Minor means any person between the ages of 6 and 18 years of
age.
(d) Parent means a person who is a natural parent, adoptive
parent, or step-parent of another person.
(e) Public Dlace means any place to which the public or a
substantial group of the public has access including, but not
limited to, streets, highways, beaches, parks, playgrounds,
and common areas of schools, hospitals, apartment houses,
office buildings, transport facilities, theaters, game rooms,
shops, shopping malls, or any other public place of business.
(f) Street means a way or place, of whatever nature, open to the
use of the public as a matter of right for the purpose of
vehicular travel or in the case of a sidewalk thereof for
pedestrian travel. The term "street" includes the legal
right-of-way, including but not limited to the traffic lanes,
curbs, sidewalk, whether paved or unpaved, and any grass plots
or other grounds found within the legal right-of-way of a
street. The term "street" applies irrespective of what the
legal right-of-way is formally named or called, whether alley,
avenue, court, road or otherwise.
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Ordinance Number I~~
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section 15-5.4. Davtime Curfew -- Establ ished. It shall be
unlawful f~r any minor between the ages of 6 and 18 years of age,
and who 1S subject to compulsory education or compulsory
continuation education (pursuant to Education Code section 48200),
to be in or upon any public place, as defined in Section 15-5.3 of
this Chapter, or any abandoned or vacant building, when the minor
has no lawful excuse or exception as listed below for the
non-attendance of school.. between the hours of 8: 00 a. m. and
2: 30 p.m. on the days when school is in session and during the
hours designated for schooling for said minor. This provision
shall also apply to minors whose enrollment status is that of
suspension, expulsion, or transfers in progress.
Section 15-5.5. Davtime CUrfew -- Lawful Excuse. The curfew set
forth in Section 15-5.4 of this Chapter shall not apply when the
minor is accompanied by his or her parent; or guardian or other
adult person having authorization in writing, granting care and
custody of the minor.
Section 15-5.6. Davtime CUrfew
curfew set forth in Section 15-5.4
in the following circumstances:
(a) The minor is on an emergency errand directed by his or her
parent, or other adult person having authorization granting
the care and custody of the minor in writing;
ExceDtions to Curfew. The
of this Chapter~hall not apply
(b) The minor is going to or from his or her place of gainful
employment with a valid school work permit;
(c) The minor is going to or from a medical appointment and can
show proof of that appointment;
(d) The minor has permission to leave campus for the lunch period
and has in his or her possession a valid and current lunch
pass and has conformed with the conditions and restrictions of
the lunch pass;
(e) The minor is going directly to or from an event or activity
sponsored, sanctioned, or arranged by the school;
(f) The minor has permission to leave campus and has in his/her
possession a valid, sChool-issued, off-campus permit;
(g) The minor is not a resident of the school district and
possesses a valid passport, visitor's visa, or other form of
identification to include a note or other confirmation of
parental permission, to establish the minor is temporarily
visiting within the city; or
(h) The minor is receiving instruction by a qualified tutor
pursuant to Education Code Section 48224, or is receiving home
instruction through the private exemption pursuant to
Education Code Section 48222.
Section 15-5.7. Davtime Curfew -- ResDonsibilities of Parent or
Guardian. It shall be unlawful for a parent or guardian of a minor
who is subject to the penalties set forth in Section 15-5.9 of this
Chapter to knowingly permit or allow a minor to be in violation of
any part of Section 15-5.4 of this Chapter.
Section 15-5.8.
the provisions
infraction.
Davtime Curfew -- Violations. Each violation of
set forth herein shall constitute a separate
Section 15-5.9. Davtime Curfew -- Penalties for Minors.
(a) Any minor violating any of the provisions of Section 15-5.4 of
this Chapter shall be punished as follows:
(1) First Offense-Infraction: The initial violation of the
Section shall be punished by a fine not to exceed $100.00
and/or any other penalty provided by Welfare and
Institutions Code Section 258.
Ordinance Number /~l?~
(2) Second Offense-Infraction: The second violation of the
Section shall be punished by a fine not to exceed $200.00
and/or any other penalty provided by Welfare and
Institutions Code Section 258.
(3) Third or Subseauent Offense-Infraction: The third or
subsequent violation of the Section shall be punished by
a fine not to exceed $250.00 and/or any other penalty
provided by Welfare and Institutions Code Section 258.
(b) The court may set aside the penalties set forth herein if the I
minor produces proof satisfactory to the court that the
following have occurred:
(1) The minor has had no unexcused absences from school from
the date of the citation; and/or
(2) The minor has performed twenty hours of court-approved
community service during times other than the minor's
hours of school attendance; and/or
(3) The minor's parent or guardian has attended a parenting
class or a series of parenting classes approved by the
court; and/or .
(4) The minor and parent or guardian have attended counseling
as directed and approved by the court.
section 15-5.10. Davtime Curfew -- Obliaation to Attend Hearina.
A minor cited for a violation of Section 15-5.4 of this Chapter
must attend a court hearing on the violation and must be
accompanied at the hearing by his or her parent or guardian. If
any such parent or guardian fails to attend the hearing with the
minor, and unless the interests of justice would otherwise be
served, the court shall continue the hearinq and shall issue a I
citation to said parental or custodial person directing that person
to appear at the continued hearing with the minor (pursuant to
Welfare and Institutions Code Section 661).
Section 15-5.11.
Guardians.
Davtime Curfew -- Penalties for Parents or
(a)
Any parent or guardian violating any of the provisions of
Section 15-5.6 of this Chapter shall be punished as follows:
(1)
(2)
(3)
First Offense-Infraction: The initial violation of the
Section shall be punished by a fine not to exceed
$100.00.
Second Offense-Infraction:
Section shall be punished
$200.00.
The second violation of the
by a fine not to exceed
Third or Subseauent Offense-Infraction:
subsequent violation of the Section shall
a fine not to exceed $500.00.
The third or
be punished by
(b)
The court may set aside the penalties set forth herein if the
parent or guardian produces proof satisfactory to the court
that the following have occurred:
(1)
(2)
(3)
(4)
The minor has had no unexcused absences from the school
from the date of citation; and/or
The parent or guardian has performed twenty hours of
court-approved community service; and/or
The parent or guardian has attended a parenting class or
a series of parenting classes approved by the court;
and/or
The minor and parent or guardian have attended counseling
as directed and approved by the court."
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Ordinance Number 14109
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Section 4. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the
application thereof to any person, 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 sections, subsections, subdivisions, sentences,
clauses, phrases, or portions of this Ordinance or its application
to other persons. The city Council hereby declares that it would
have adopted this Ordinance and each section, subsection,
subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that anyone or more sections,
subsections, sUbdivisions, sentences, clauses, phrases, or portions
of the application thereof to any person, be declared invalid or
unconstitutional.
~. CfiAS~ED, APPROVED and ADOPTED this
~~h~ , 1996.
~
day
of
_ d,~ AkA; #/J
MAYOR
ATTEST:
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.#' ~ SEAL II 'Ill
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CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
California, do hereby cert~fY that the fO~~~ ordin~nce
is an original copy of Ord1nance umber on f1le
in the office ~he City C1 int od c a a meeting
held on the day of , 1995"
and passed, pproved and-adopted y the City counci~~he
City 0 e Be h meeeing thereof held on the ~ -
day of , 199 , by the following vote:
NOES:
Counci1member
AYES:
Councilmembers
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ABSENT: Councilmembers
and do hereby further certify that Ordinance Number ~~O~
has been published pursuant to the Seal Beach City Charter
and Resolution Number 2836.
Ordinance Number ~~j?
PROOF'OF PUBLtCATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA;
County of Orange
r am a citizen 01 the United States
and a resident 01 the County afore-
said; I am over the I!ge 01 eighteen
years, and not a party to or Inter-
ested In the above-entitled mailer.
I am the principal clerk 01 the printer
of the SEAL BEACH SUN, a newspaper
01 general circulation, printe!=l and
published weeklv In the City 01 Seal
Beach, County 01 Orange and whIch
newspaper has been adjudged a
newspaper 01 general circulation by
the Superior Court 01 the Counly 01
Orange, Slate of Calilornla, under the
date 01 2124n5. Case Number A82583;
thai the notice 01 which the annexed
is a printed copy (set In type not
smaller than nonpareil), has been
published in each regular and entire
issue 01 said newspaper and not In
any supplemenl thereof on the
following dates, to-wit:
'\6
ail In the year 19M_.
I certify (or declare) under penalty 01
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this ~ day 01 S <r'- , 19~.
~ ~.().~" (,). ~~lIO.O~.
Signature
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
:. (31 O)4~0"(555
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This space for for the County Clerk's
Filing Stamp
I
Prool 01 Publication 01
............... ..............
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SUMMARY-
. ORDINANCE NUMBER 1409
: ~Jt1H~j~~~!;
: Ordlnanca Number , .09 ot the
o City 01 Seal Beach, establishes.
daytime curfew for rmnors 1U~.ct
. 10 compulsory full-time education.
'Ordlnance Number 1409, 8.
amended. was Introduced at the
regular City Council meeting of
Sap.ember 8th. '896 and first
reading was approved by the
o foIlOW11"1g vota:
. AYES Brown. CompboII, ForoyIho.
. Fulton
INOES' Hasllngo .
. ......
Ordinance Number '409 will
I receive ..cond r.adlng and be
considered for adoption at the
September 24th regular adJourned
Crty Council me.tlng. Cop,.. of
Ordinance Number 1.09 are
8YBllabkt from the office of the City
Clerk, CIty Hall. 211 . 8th Str...,
S.0I Beldl: ....plio.. (3101 43'.
2527,
DATED Thl. 10th day of
SopI8mbor, 1_ .
: JoaMe M Yea. CIty Qerle .
. CIty of SuI Be...
Published I.. the 5eaI Beach Sun
.lIIlI111/116
. _:.. ..-
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....:..
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Ordinance Number 1~9
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PROOF'OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County 01 Orange
. I am a cIlizen 01 the United States
and a resident of the County afore.
said; I am over the ~ge 01 eighteen
years, and not a party to or Inter-
esled In the above-entitled mailer.
I am the principal clerk 01 the printer
01 the SEAL BEACH SUN, a newspaper
01 general circulation, printed and
published weeklv In the City 01 ~
Beach, County of Orange and which
newspaper has been adjudged a
newspaper 01 general circulation by
lhe Superior Court 01 the County 01
Orange, State of California, under the
date 01 2/24n5. Case Number AB2583;
that the notice 01 which the annexed
is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire
issue 01 said newspaper and not in
any supplement thereof on the
following dates, to.wit:
\~;(~
all in the year 19M_.
This space for for the County Clerk's
Filing Stamp
Prool 01 Publication 01
............................ .
............................ .
SUMMARY-
ORDINANCE NUMBER 14Ol1
Ord~
of e!~Be Numbe11409 oIlhl CIty
-- ach Istabtlshes. daytime
curfew tOI minor. sublect to
I Co,,?pullory full~tlm. education.
OrdinancI Number 1409 received
-.....lIIlIondWU_by
the Seal hacll CIty Councd 81- the
. 'S.gular m..lln/li .dlourned on
eplember 30 . 1096 bu'the
loIIOwIng_: .
, AYES: lItown, CamjIIleI F_
FulCon . .
NOES' None
ABSENT: Hasting. Motion carrted
Copies.of Ordinance Numbet '409
are Bv.dable from the office 01 the
~ CIotk. ClIv HoIl. 2' 1 . 8th SIreeI
~,!II Beach: lel.phone (3'O) 43':
_7.
DATED Thrs ,. day of OctOber
.. 1996 .
. Joanne M. Voo. CIty CIorIc
CIty 01 Se8J Seal:h
Published In the sear Buch Sun
lQ/llW6
-,
I cerlily (or declare) under penally 01
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
lhis ~ day 01 t c-"'h ,19M....
I.' .1
"i.\:""h':-.c,. ~,,~ ~...t:'OG
. Signature
.'
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(310)430-7555
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