HomeMy WebLinkAboutAGENDA REPORT 1996 0619 CC REG ITEM 10JTO:
FROM:
DATE:
CONSIDER:
Proposed Ordinance
Moorpark Police Department
AGENDA REPORT
Honorable City Council
Marty Rouse, Lieutenant 6
June 10, 1996 (CC Meeting of June 19, 1996)
ITEM
Consider Ordinance No. 96 - , Amending Section 9.16.020 of the
Municipal Code Related to Curfews and Loitering by Minors.
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. These costs incurred by the City could result in civil legal action up to
$500.
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 are arrested and receive a citation for a
misdemeanor violation and are later notified by the Corrections Services Agency (CSA) for a
disposition.
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.
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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 is actively developing a community oriented policing philosophy between the
police department, city government and citizens. 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 problem minors are the ones 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 8:30 am and 1:30 pm 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
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 15 to 30 days as compared to 2 to 3 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 M.M.C. 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
1) Approve a bail schedule of $50.00 for those violations prosecuted
as an infraction; and 2) Introduce Ordinance No. for first reading.
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0004'7`
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK AMENDING SECTION 9.16.020 OF THE
MUNICIPAL CODE RELATED TO CURFEWS AND
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; and
WHEREAS, truancy is also a violation of the California
Education Code Section 48200,
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 shall be unlawful for any person under the age of
eighteen years to loiter, idle, wander or be 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 be on private property without the
express or implied consent of the owner or person having the
care and control of such private property, or other
unsupervised places between the hours of 10:00 p.m. and 6:00
a.m.
B. It is unlawful for any person under the age of
eighteen years who is subject to compulsory education or to
compulsory continuation education to loiter, idle, wander,
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or be 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 be on private property without the
express or implied consent of the owner or person having
care and control of such private property, or any
unsupervised place during the hours of 8:30 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. Every parent or legal guardian who, by any act or
omission, or induces or endeavors to induce any dependent
child or ward to fail or refuse to conform to any lawful
order of law enforcement personnel, probation department, or
of the juvenile court, or to conform to the requirements of
the Moorpark Municipal Code concerning loitering, curfew or
truancy, shall be subject to a civil penalty.
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.
OM4_� t
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
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.
Any person who violates the provisions of this section shall
be liable for a civil penalty up to, but not to exceed five
hundred dollars ($500) for each violation, which shall be
assessed and recovered in the civil action brought by the
District Attorney or the City Attorney.
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
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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 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 or occupation in which
the minor is lawfully engaged.
5. The minor is going or coming directly from or to
their place of gainful employment, or to or from a
medical appointment.
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.
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
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 day of June, 1996.
Lillian E. Hare, City Clerk
Paul W. Lawrason Jr., Mayor
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