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HomeMy WebLinkAboutAGENDA REPORT 1996 0702 CC SPC ITEM 10DITEM 7 2,; Moorpark Police Department AGENDA REPORT f TO: Honorable City Council FROM: Marty Rouse, Lieutenant -'. DATE: June 10, 1996 (CC Meeting of June 19, 1996) CONSIDER: Consider Ordinance No. 96 - , Amending Section 9.16.020 of the Municipal Code Related to Curfews and Loitering by Minors. Proposed Ordinance 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. 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 -OZ -52 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. CAWPDOCSIROUSE\(- W.WPD V00253 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, (W2$4 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. WOZ55 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 444256 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 A. 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 C: \WPDOCS\ROUSE \CURORD