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Home My WebLink AboutORD 217 1996 0821ORDINANCE NO. 217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING SECTION 9.16.020 OF THE MUNICIPAL CODE RELATED TO LOITERING BY MINORS. WHEREAS, it is in the interest of the public safety, health and welfare to restrict the loitering of minors at specific times; NOW, THEREFORE, the City Council of the City of Moorpark does ordain as follows: Section 1. Chapter 9.16.020 of the Moorpark Municipal Code is hereby amended to read as follows. A. It is unlawful for any minor under the age of eighteen years to loiter, idle, wander, stroll or play in or upon public streets, sidewalks, highways, roads, alleys, parks, playgrounds or other public grounds, public places or public buildings, places of amusement, eating places, entertainment places, vacant lots, or other unsupervised places or be on private property without the express or implied consent of the owner or person having the care and control of such private property, between the hours of 10:00 p.m. and 6:00 a.m. B. It is unlawful for any minor under the age of eighteen years who is subject to compulsory education or to compulsory continuation education to loiter, idle, wander, stroll, or play in or upon the public streets, sidewalks, highways, roads, alleys, parks, playgrounds, public grounds, public places, public buildings, places of amusement, eating places, vacant lots, or any unsupervised places or be on 0061.13 private property without the express or implied consent of the owner or person having care and control of such private property, during the hours of 9 :00 a.m. and 1:30 p.m. on days and times when school is in session. C. It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of eighteen years to permit such minor to loiter idle, wander or be in or upon public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places or public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p.m. and 6:00 a.m. D. As determined by the Chief of Police, or his or her designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of willful misconduct in violation of this Ordinance, where police personnel provide services relating to the detention, processing or supervision of minors that are over and above the normal services usually provided by the Moorpark Police Department, may be assessed, and billed for, the cost of providing such personnel for such services beyond those normally provided by said department. Any person receiving a bill for police services pursuant to this Chapter may, within fifteen (15) days after the billing date, file a written request appealing the imposition of said 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 City Manager, or his or her designee, as the hearing officer. Within ten (10) days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the police services shall be 4001.14 960723.40 suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the City shall be paid within thirty (30) days after notice of the decision of the hearing officer. The remedies provided in this section are in addition to the remedies and penalties available under the Moorpark Municipal Code, and all other laws of this state. E. The provisions of subsections A, B, C and D of this section shall not apply when: 1. The minor is accompanied by his or her parent, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years of age or older. 2. The minor is engaged on an errand as directed by his or her parent or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen years of age or older. 3. The minor is returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, sporting event, independent school /study activity or school activity. 4. The presence of such minor in said place or places is connected with or required with respect to a business, trade, profession, employment, occupation in which the minor is lawfully engaged. 5. The minor is going or coming directly to or from a medical appointment. )L. 0( Q 6. The minor student has permission to leave school campus for lunch or school related activity and has in their possession a valid, school issued, off - campus permit. 7. The minor is in the active military service of the United States. 8. The minor is declared an emancipated minor by the courts. F. Each and every violation of the provisions of subsections A, B and C of this section is a misdemeanor /infraction and is punishable by fine or imprisonment as specified by Moorpark Municipal Code Section 1.12.040. SECTION 2. If any section, subsection, sentence, clause, phrase, part of the portion of this ordinance is in any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part of the portion of this ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of the City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted, and 960723.40 shall, within fifteen (15) days after the passage and adoption hereof, cause the same to be published once in a newspaper of general circulation designated for that purpose. PASSED, APPROVED AND ADOPTED THIS 21st day of August, 1996. (--, 7,jl Paul W. Lawrason Jr., ayor U A: \960723.040 960723.40 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 217 was adopted by the City CouncAUG�g1STthe City of Moorpark at a meeting held on the 21St day of U , 1996, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS BROWN, HUNTER, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 2.Lr_d day of AUGUST , 1996. Lillian E. Hare, City Clerk PAUL W. LAWRASON JR. JOHN E. WOZNIAK ELOISE BROWN PATRICK HUNTER BERNARDO M. PEREZ Mayor Mayor Pro Tern Councilmember Councilmember Councilmember