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HomeMy WebLinkAbout85-21 - Amending Chapter 10.36 of the Newport Beach Municipal Code Pertaining to CurfewsORDINANCE NO. 85 -21 • AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 10.36 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO CURFEWS WHEREAS, the City Council finds that juvenile crime and non - criminal mischief including vandalism, utilization of private property as a substitute for restrooms, harassment, loud and boisterous conduct and physical violence exists in the City of Newport Beach, particularly in the Balboa Peninsula area; and WHEREAS, the City Council finds that the incidence of nighttime juvenile crime and non - criminal mischief is increasing; and WHEREAS, the City Council finds that the number of minors congregating has increased, and will continue to increase due to surmner vacation and hot weather; and WHEREAS, the existing Curfew Ordinance, set forth in • Chapter 10.36 of the Newport Beach Municipal Code requires amendments to safeguard the Constitutional rights of minors; and WHEREAS, Section 412 of the Charter of the City of Newport Beach authorizes adoption of an ordinance, as an emergency measure, in order to preserve the public peace, health and safety; and WHEREAS, in enacting this emergency Ordinance, the City Council finds and declares that this emergency Ordinance is necessary to preserve the public peace, health and safety. NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN AS FOLLOWS: • -1- SECTION 1. Chapter 10.36 of the Newport Beach Municipal Code is hereby amended to read as follows: Sections 10.36.010 Purpose and Intent • 10.36.020 Definition 10.36.030 Curfew Hours 10.36.040 Enforcement Section 10.36.010. Purpose and Intent. The City Council declares its purpose and intent in enacting this Ordinance as follows: (a) The ability to make reasoned judgments, resist peer pressure and understand the consequences of improper behavior increase with age, knowledge and experience, all factors which are likely to increase as a person grows older. These factors justify the application of a curfew to minors, but not to adults; and (b) Juvenile crime, especially nighttime crime, has increased over the years. Jurisdictions enforcing a nocturnal • juvenile curfew have experienced a reduction in crime and non- criminal mischief; and (c) In recent years, minors have increasingly been victims of violent crime. The adoption and enforcement of a curfew ordinance will tend to reverse this trend; and (d) Curfew Ordinances tend to reinforce parental authority and supervision. Section 10.36.020 Definition. For the purpose of this Chapter, any person under the age of eighteen (18) years shall be deemed a minor. Section 10.36.030 Curfew Hours. It shall be unlawful for any minor to loiter or idle in or upon the public streets, alleys, parks, playgrounds or other public places, vacant lots or unsupervised places, between the hours of eleven (11:00 p.m.) and • six (6:00 a.m.) the following day. The curfew shall not apply to the following: -2- (a) Any minor accompanied by a parent, legal guardian or responsible adult, custody of whom the minor has been given by the parent or legal guardian; and (b) To any minor performing any task, at the direction • of his or her legal guardian, or to any minor responding to an emergency, with or without parental consent; and (c) To any minor then acting within the course and scope of his or her employment; and (d) To any minor on the property or the sidewalk directly adjacent to or, the buildings immediately adjacent to the building in which he or she resides; and (e) To any minor attending organized associational activity, such as school meetings, classes or sporting events, religious meetings, dances, concerts, theatrical performances, or similar events, or other Constitutionally - protected activities; and (f) To any minor engaged in reasonable and direct travel to and from those activities described in subparagraph Section 10.36.040 Enforcement. Every police officer is hereby authorized and empowered to demand from any person, whom the officer has reasonable cause to believe is in violation of Newport Beach Municipal Code Section 10.36.030, that such person give his name or her name, address, proof of age, the name of parent, guardian or adult having care or custody of such person, and other information reasonably necessary to determine whether a violation exists. SECTION 2. This Ordinance is declared by the City of Newport Beach to be necessary, as an emergency measure, to preserve the public peace, health, safety and welfare of its residents and for the reasons stated herein and shall take effect immediately if adopted by a four - fifths (4 /5ths) vote of City • Council members. -3- SECTION 3. This Ordinance shall be published once in the official newspaper of the City. This Ordinance was introduced and adopted as an emergency Ordinance at a regular meeting of the City Council of • the City of Newport Beach held on the 8th day of July, 1985. • ATTEST: City Clerk ORP /Curfew • AYES, COUNCILMEMBERS Agee, Cox, Hart, Heather, Maurer, Plummer, Strauss NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS -4-