HomeMy WebLinkAboutItem F �l lL t'
February 17, 1999
STAFF REPORT Z
TO: Mayor and Members of the City Council
FROM: Michael F. Sellers, Chief of Police
SUBJECT: DAYTIME CURFEW ORDINANCE AMENDMENT
SUMMARY OF REQUEST
To provide City Council Members with background information on the amendment of the
Seal Beach Daytime Curfew Ordinance which provides exceptions to the current daytime
curfew regulations consistent with the Education Code's definition of excused absences.
BACKGROUND
In August of 1996, the Seal Beach City Council adopted a Daytime Curfew Ordinance.
That ordinance was codified as Section 15-5.6 of Chapter 15 of the Code of the City of
Seal Beach.
Since it was adopted the Police Department has not received any legal challenge or
objection to the City's Daytime Curfew Ordinance. However, a recent case decision on
Daytime Curfew Ordinances caused the City Attorney's office to recommend an
amendment to SBMC 15-5.6.
That addition was subsection (i) which reads as follows:
"0) the minor is on an excused absence from school due to any of the circumstances set
forth in Section 48025 of the California Education Code."
Section 48025 of the California Education Code outlines certain excused absences.
Addition of this text will in no way change how the Daytime Curfew Ordinance will be used,
as Seal Beach officers have not used the ordinance for minors with excused absences,
however, it will bring the ordinance into better compliance with current court mandates.
According to information obtained from the Seal Beach Police Department records system,
officers have had contact with six juveniles for daytime curfew ordinance violations. One
of these six was a Seal Beach resident, two were from Los Alamitos and three were from
Long Beach. In two of these incidents the juvenile subjects were involved in property
crimes of theft and burglary. The Police Department has made it a regular practice to
report to Council on the utilization of the Daytime Curfew Ordinance. --s�
Agenda Item /`"
MAYOR AND MEMBERS OF THE CITY COUNCIL
STAFF REPORT - DAYTIME CURFEW ORDINANCE PAGE 2 FEBRUARY 17, 1999
The Daytime Curfew Ordinance has provided field officers with a tool to work with youth
in our community during school hours. The Police Department has demonstrated a
sensitivity to community concerns over contacts with young people, and those with
legitimate absences from school. This tool has been used particularly to impact daytime
crimes that would be committed by young people who should be in school and has
demonstrated that truancy is not an acceptable behavior in our community.
FISCAL IMPACT
None.
RECOMMENDATION
That the City Council approve the amendment to the Daytime Curfew Ordinance as
recommended by the City Attorney's office to bring the current Daytime Curfew Ordinance
into compliance with recent case law.
Michael F. Sellers, Chief of Police
NOTED AND APPROVED:
Keith R. Till, City Manager Agenda Item
g S 15-2.1 Offenses--Miscellaneous 5 15-5
(9) Smoking in boats or vessels is prohibited.
(10) Fishing by civilian boats is prohibited.
(11) Radio, radar or other electronic transmissions are
prohibited.
(Ord. No. 768)
Section 15-3. Boats-Storage Within the City Prohibited:
Exceptions. It is hereby declared unlawful for any person,
either as principal, agent or otherwise, to keep or store for a
longer period than twenty-four hours any boat or watercraft
having a greater length than sixteen feet from any vacant lot or
parcel of ground within the City except in that portion of the
City zoned as semi-industrial district (M-1) , and also excepting
the following:
Being a portion of the San Gabriel River and portions of Lots 1
and 2, San Gabriel extension of Naples, as per map thereof
recorded in Book 7, at Page 31 of miscellaneous maps of Orange
County, California, described in whole and being bounded on the
west by Pacific Coast Highway, one hundred feet; being bounded on
the northwest by the northwesterly boundary of the City; being
bounded on the northeast by that portion of the northeasterly
line of Lot 2 shown on the map and having a bearing of north 37°
43 ' west, and the northwesterly prolongation thereof and bounded
on the southeast by the northwesterly line of that one hundred
foot strip of land conveyed by San Gabriel Improvement Company to
Los Angeles Gas and Electric Corporation by deed dated July 24 ,
1924, but such exception shall not include the property described
as Block 206 of Stanton and Lothian's First Addition to Bay City.
(Ord. No. 413; Ord. No. 491)
Section 15-4. Camping Generally: Sun Shade on Beach. Every
person who erects or maintains any camp or who occupies the same
at any place within the City is guilty of a misdemeanor; provided
however, that nothing in this section shall prohibit authorized
youth groups from camping pursuant to a permit obtained from the
City Manager. (Ord. No. 138)
Section 15-5. Curfew--Generallv. Any person under the age of
eighteen years shall be deemed a minor. It shall be unlawful for
any minor to loiter, wander or play in or upon the public
streets, alleys, parks, beaches, playgrounds or other public
places or places of amusement or entertainment, vacant lots or
other unsupervised places or trespass on private property between
the hours of 10:00 p.m. and 6:00 a.m. of the following day;
provided, however, that the provisions of this section shall not
apply to a minor accompanied byhisher
or parent, guardian or
3704 (Seal Beach 12/96)
S 15-5 Seal Beach City Code S 15-5. 3
other adult person having the care and custody of such minor or
to a minor on an emergency errand at the discretion of such
parent, guardian or adult person or to a minor engaged in an
employment which makes it necessary for such minor to be on the
streets during the above hours. Each violation of the provisions
of this section shall constitute a separate offense. (Ord. No.
385; Ord. No. 663)
Section 15-5.1. Same--Responsibility of Parent or Guardian.
Every parent, guardian or other person having legal care, custody
or control of any person under the age of eighteen years who
allows or permits such person to violate any provision of this
section is guilty of a misdemeanor. (Ord. No. 385; Ord. No.
663)
Section 15-5.2. Daytime Curfew--Purpose and Intent. The purpose
and intent of Sections 15-5.2 through 15-5. 11, inclusive, of this
Chapter is 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.
(Ord. No. 1409)
Section 15-5.3 . Same--Definitions. The following meanings shall
apply to the words used in Sections 15-5.2 through 15-5. 11,
inclusive, of this Chapter:
(a) "Emergency" means an unforeseen combination of circumstances
or 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
(Seal Beach 12/96) 3705
S 15-5.3 Offenses--Miscellaneous s 15-5. 5
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 Place" 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.
(Ord. No. 1409)
$ection 15-5. 4 . Same--Established. It shall be unlawful for any
minor between the ages of 6 and 18 years of age, and who is
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. (Ord. No. 1409)
Section 15-5.5. Same--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. (Ord. No. 1409)
3706 (Seal Beach 12/96)
S 15-5.6 Seal Beach City Code S 15-5.8
Section 15-5.6. Same--Exceptions to Curfew. The curfew set
forth in Section 15-5.4 of this Chapter shall not apply 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;
(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.
(Ord. No. 1409)
Section 15-5.7. Same--Responsibilities 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. (Ord. No. 1409)
Section 15-5.8. Same--Violations. Each violation of the
provisions set forth herein shall constitute a separate
infraction. (Ord. No. 1409)
(Seal Beach 12/96) 3707
S 15-5.9 Offenses--Miscellaneous S 15-5. 10
Section 15-5.9. Same--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.
(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
1 the 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
(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.
(Ord. No. 1409)
Section 15-5. 10. Same--Obligation to Attend Hearing. 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 hearing and shall issue a 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) . (Ord. No. 1409)
3708 (Seal Beach 72/96)
S 15-5. 11 Seal Beach City Code S 15-7
Section 15-5. 11. Same--Penalties for Parents or Guardians.
(a) Any parent or guardian violating any of the provisions of
Section 15-5. 6 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.
(2) Second Offense-Infraction: The second violation of the
Section shall be punished by a fine not to exceed
$200.00.
(3) Third or Subsequent Offense-Infraction: The third or
subsequent violation of the Section shall be punished
by a fine not to exceed $500. 00.
(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) The minor has had no unexcused absences from school
from the date of citation; and/or
(2) The parent or guardian has performed twenty hours of
court-approved community service; and/or
(3) The 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.
(Ord. No. 1409)
. :�
§48204.6 EDUCATION CODE EDUCATION CODE
0
substantially similar to the appeals procedure set fonh in Administrative Regulation 5111 as adopted by the Section 48206.5, a pupil w
Mountain Empire Unified School District on February 16, 1994. the regular day classes or
f
enrolled impossible or roar
48205. Excused absence; Justifiable personal reasons; Credit by the district in which the
(a) Notwithstanding Section 48200, a pupil shall be excused from school when (b) For purposes of this s
the absence is: following terms have the f
(1) Due to his or her illness. (I) "Individual instruction
(2) Due to quarantine under the direction of a county or city health officer. the pupil's home, in a ho se
sF
(3) For the purpose of having medical, dental, optometrical, or chiropractic hospitals, seor under other
services rendered. that purpose by the State I
(2) "Temporary disability
:3 (4) For the purpose of attending the funeral services of a member of his or incurred while a pupil is e
1. her immediate family, so long as the absence is not more than one day if the tion program, and after wl
service is conducted in California and not more than three days if the service regular day classes or the
is conducted outside California. tion. A temporary disabil
(5) For the purpose of jury duty in the manner provided for by law. identified as an individual
•
,(6) Due to the illness or medical appointment during school hours of a child (c)(1) For purposes of co
of whom the pupil is the custodial parent. 42238.5, each clock hour
(7) For justifiable personal reasons, including, but not limited to, an appearance count as one day of atten
in court, attendance at a funeral service, observance of a holiday or ceremony of (2) No pupil shall be credi
his or her religion, attendance at religious retreats, or attendance at an employ- week, or more than the 1
ment conference, when the pupil's absence has been requested in writing by the maintained by the district
parent or guardian and approved by the principal or a designated representative (d) Notice of the availabi
pursuant to uniform standards established by the governing board. * * * ant to Section 48980.
(b) A pupil absent from school under this section shall be allowed to complete Amended Stats 1987 ch 917§31..
all assignments and tests missed during the absence that can be reasonably Amendments:
provided and, upon satisfactory completion within a reasonable period of time 1987 Amendment:Deleted "pun
, shall be given full credit therefor. As the teacher of any class from which a 1990 Amendment: Substituted "i
pupil is absent shall determine * * * the tests and assignments shall be reason- state Hospitals' for hospital or
ably equivalent to, but not necessarily identical to, the tests and assignments that in subd roan.
the pupil missed during the absence. note-'stats 1990,:h 1263'provid
(c) For purposes of this section, attendance at religious retreats shall not exceed sec. 23.The amendment to sur
four hours per semester. provision of law added by sectio.
law.
(d) Absences pursuant to this section are deemed to be absences in computing
average daily attendance and shall not generate state apportionment payments
* * *
(e) 'Immediate family,"as used in this section, has the same meaning as that
set forth in Section 45194, except that references therein to "employee"shall [Added St:
be deemed to be references to "pupil."
Amended Stats 1987 ch 1452 §412. Stats 1990 ch 315 §I (SB 2706); Stats 1994 ch 134 § 1 (AB 2466). Section
Amended Stats 1998 ch 846§ 17 (SB 1468).effective September 25, 1998. 48209. (Operative In
Amendments: of rCSldenCl
1987 Amendment:Added the last paragraph. 48209.1. (Operative m
1990 Amendment:Added the second sentence in the first paragraph.
48209.2. (Operative a
1994 Amendment: (I)Added subdivison designations(a)—(d);(2)amended the first sentence of subd(a)by education I
adding(a) "attendance at a funeral service." before "observance or;and (b) "attendance at" before "an
employment'; and (3) added including, but not limited to, an absence for the purpose of attending the 48209.3. (Operative u
funeral services of a member of a pupil's immediate family" after"Part 26" in subd(d). 48209.4. (Operative u
of currentl:
§48206.3. Individual instruction for pupils withtemporary disability 48209.5. (Operative u
(a) Except for those pupils receiving individual instruction provided pursuant to 48209.6. (Operative u
in 1992.
74 Value Indicatees or
ges r aaicate cnan adauiadditions.* indicate omissions. p Ed CI [7 Ed C]