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HomeMy WebLinkAboutAGENDA REPORT 1996 0807 CC REG ITEM 10C''v.. Moorpark Police Department AGENDA REPORT TO: Honorable City Council FROM: Marty Rouse, Captain Richard Hare, Deputy City Mar a DATE: July 23, 1996 (CC Mtg. 8/5/96) CONSIDER: Consider Ordinance No. , Amending Section 9.16.020 of the Municipal Code Related to Curfews and Loitering by Minors. Proposed Ordinance 0 AW The proposed ordinance is classified as a misdemeanor or infraction and would not only regulate late night loitering activities of minors but would extend the regulations to include daytime loitering during school hours and restrict minors from loitering on private property without the owners permission. For purposes of routine enforcement this proposed ordinance would be prosecuted as an infraction. The proposed ordinance includes a parental liability component for those parents who fail to exercise appropriate control of their minor child. This failure to ensure the minor child is at home or at school could result in civil liabilities for the costs of a deputy's time spent with the minor due to repeated curfew violations and/or those circumstances where a deputy was required to stay with the minor for an extended period of time. Background Curfew Moorpark Municipal Code section 9.16.020 currently makes it unlawful for minors under the age of 18 years to loiter in or about any public place between the hours of 10:00 p.m. to 6:00 a.m. Under current policy, minors who are arrested for this section will receive a citation for a misdemeanor violation and are later notified by the Corrections Services Agency (CSA) for a disposition meeting. Once the CSA receives the citation, the case is assigned to a Youth Services Officer who schedules a meeting with the juvenile and the parents. Generally, most violators are informally counseled and released. Community work is an option for those who are repeat offenders. In rare instances the minor may be prosecuted with a misdemeanor offense usually in conjunction with a violation of probation. U00207 Truancy Education Code 48200 states that every person between the ages of 6 and 18 years is subject to a compulsory full time education. If a minor is found to be truant, the police officer will return the student to the school. There is no arrest and the contact is considered as a detention only. Discipline is handled by the school administrators who can request, in severe cases, an officer to issue a citation (Education Code 48262 - Habitual Truant). The student is generally referred to the School Attendance Review Board (SARB) who makes a determination as to consequences. SARB may place the juvenile on a contract informing him/her of the obligation to attend school or suffer the consequences of being turned over to Juvenile Probation. Discussion The City of Moorpark has adopted a community oriented policing philosophy. One of the great areas of concern and emphasis is gang activities, along with juvenile crime including violence and vandalism. It is also a priority to ensure that our youngsters receive a quality education. This can only be accomplished by regular school attendance. In an effort to provide patrol officers with more effective options to deal with these problems, a daytime curfew is proposed during those times minors should be at school (exceptions are noted in the ordinance). On some occasions police detain gang members or other suspicious juveniles who are from other schools or school districts that may be "cruising" our schools for a variety of reasons. Along with this, each year there are documented crimes, mostly of a residential nature, where investigation reveals the suspect(s) were most probably juveniles. These crimes usually occur when the homeowners are working during the daytime hours. In some instances officers make daytime contacts with a minor who may be on home and independent study or who have been suspended or expelled from school. The current truancy procedures are not effective in these instances. Many of our problems are with minors who fall into these categories. Under the current policy, most youths referred to CSA for counseling purposes do not meet with a CSA representative for several months after the incident due to much higher priority cases and workload issues. It is not effective to address a regulatory issue with a youth after such a long delay. Proposed Ordinance The Presiding Judge of the Ventura County Courts has recently authorized adjudication of curfew ordinances (infractions) in the Traffic Court. These violations would be handled exactly like any traffic violation classified as an infraction. The current curfew ordinance addresses nighttime violators only. The proposed amendment to the curfew ordinance closes the loophole with the Education Code and allows deputies to cite any minor under the age of 18 who is found to be loitering between 9:00 a.m. and 1:30 p.m. when school is normally in session (exceptions are listed in the ordinance). Those minors who are on independent study or who are suspended or expelled from school would not be exempt. It also adds the restriction 000208 that minors are not to be on private property not open to the general public without the permission of the owner. Within the provisions of this ordinance, deputies will have probable cause to contact juveniles who appear to be violating curfew. If found in violation, the juvenile will be given a written citation to appear at the Simi Traffic Court. The issuance of a citation allows a deputy to forgo the booking process required for a misdemeanor unless proper identification cannot be obtained or in the event of more serious crimes or criminal gang related activity. Disposition hearings held in Traffic Court occur within fifteen to thirty days as compared to two to three months for a meeting with a CSA representative. Any juvenile who fails to appear in Traffic Court after giving a written promise to appear is reported to the Department of Motor Vehicles and the driver's license is suspended until the citation is adjudicated. If the minor does not have a drivers license, the right to a license will be suspended. The issuing officer will only be required to testify in court if the citation is appealed. The fine will be imposed based upon the Moorpark Municipal Code (MMC) bail/fine schedule. Based upon the current fine schedule plus court costs, a first time offender would be fined approximately $135 ($50.00 fine along with the State mandated penalty assessments). The City's fine schedule is a guideline for judges. The actual fine imposed is determined by the judge's discretion and any evidence presented. A juvenile may appear in court to plead not guilty, request court reconsideration of the fine amount, or set up a payment plan to the court. This ordinance would not only give officers additional opportunity to make contacts but would also allow for enforcement and a swift resolution. The proposed ordinance would be used as a tool and ensures for additional incentive to stay in school. During subsequent contact with the parents, a determination could be made as to whether the parents are in violation of the section for permitting the juvenile to violate the law. If this determination was made, a citation would also be issued to the parent. The City Attorney has reviewed the ordinance and her comments have been incorporated. Recommendation Staff recommends adoption of the proposed Ordinance and a bail schedule of $50.00 for those violations prosecuted as an infraction. 960723.039 000205