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Home My WebLink About530 - Prohibting Loitering by MinorsOrdinsnee No. 530 lbur-.FE4V FOR MINORS AN ORDINANCE REGULATING THE PRESENCE OF MITTOti UNDER THE AGE OF IS YEARS IN PUBLIC STREETS AND OTHER PLACES BE- TtVEEN THE HOURS OF ;0 P. M. AND 6 A. M., DEFINING DUTIES OF PARENTS OR OTHERS IN CARE OF MI- NORS, PROVIDING FOR AR- - REST AND PENALTIES FOR IOLATIONS THEREOF, RE- PEALING ORDINANCES IN CONFLICT, THEREWITH, AND DECLARING AN EMER- GENCY. Whereas, an emergency exists by reason of war -time conditions now prevailing which have over- taxed the law enforcement agency of the City of Newport Beach. Calif., because of the increase in population, overcrowded living conditions, the presence of numer- ous strangers and transients, trans= transportation, irregularities, spe- cial efforts required to prevent threatened sabotage, blackouts, darkened streets and public places, and the like and, llfiereas, due to these war- time conditions now prevailing juvenile delinquency has so in- creased in the City of Newport Beach, Calif., as to become a men- ace to the preservation of public peace, safety, health, morals and welfare, now therefore, Be it ordained by the City Coun- cil of the City of Newport Beach, Calif.: Section 1. LOITERING OF MINORS PROHIBITED. It shall be unlawful for. any minor. under the age of 18 years to loiter, idle, wander, stroll or play in or upon the public streets, highw'ays,.roads, alleys, parks, playgrounds or other public grounds, public places and Public buildings, places of amuse- ment and entertainment, vacant lots or other unsupervised places or trespass on private property be- tween the hours of 10 P. M., and' iu. A. M. of the following day, stan- dard time; provided; however, that the provisions of this section shall not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of said minor or when, s4 W, minor is upon an emergency e' legitimate busine=_s.dirceted by his or her parent, 'guardian oy other adult-person having the care and custody of said iniiior: Each violation of the provisions. of this section shall constitute a separate offense. Section 2. RESPONSIBILITY OF PARENTS. It shall' be wr lawful for the parent, guardian or other adult person having th6 care and custody of a minor under the age of 18 years to knowingly per- mit such minor to loiter, idle, wan- der, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public. grounds, public places and public buildings, places or amuse- ment and entertainment, vacant lots or other unsupervised places, or trespass on private property be- tween the hoes of 10 P. M., and 6 A. M. of the following (lay, stan- (lard time; provided, however, that the provisions of this section,,)-iill. 'tat apply when the minor is ac- companied by his or her parent. guardian or other adult person having the care and custody of said minor a' when said minor is upon an emergency errand or legi- ihnnatc business directed by his or 'her parent, guardian or Other adult. person having the care and cus- tody of said minor. Each vio)atir;in Of the provisl.ME of this section shall constitute, a separate offense. It shall not constitute a defense hereto that such parent, guardian or other person having the care and custody of a minor coming within the provisions of this ordi- nance, did not have knowledge of the presence of said minor in or upon any streets, alleys, high- ways, roads, public places, vacant lots or other unsupervised places in violation of Section 1 hereof. Section 3. Every 16%;v enforce- ment officer is hereby authorized and empowered to demand from any person whom he has reason- able cause to believe comes within the provisions of this ordinance and who is found loitering, idling, wandering, strolling or playing in or upon the public streets, high" ways, roads, alleys, parks, play- grounds or other public ground_�;, public places, public buildings, places of amusement and enter- tainment, vacant lots or other un- supervised places or trespass on private property without his or, her parents, guardian or other adult person having the care and custody of such person. between the hours of 10 P. M., and 6 A. Nt. of the following day; that such person give his or her name, ad- dress, parents' names and furnish proof of his or her age or proof that he m' she is upon an emer- gency errand or legitimate busi- ness directed by his or her parents, guardian .or other adult person Waving the care and' custody of such person, and upon the failure of such person to give or furnish any or all of said information any such. officer is hercbj:' aulncrized and empowered to take such per- son into custody and take him or her to his or her home, or com- municate with his or lien .parents,-' guardian or other adult 'person having the care and' custody of such person and demand the in- formation hcrinabove required' to he given. If such person so taken. into custody isa person coming within the provisions "of this ordi- nance, any such law enforcement officer is hereby authorized and empowered to demand of the par - euts, guardian or other adult per- son having the care and custody of such minor, that they tape such minor to his or her home. The failure of any such parent, guard- ian- or other adult person having the care and custody of such minor to furnish the information herein - above required or to take such mi- nor home when so demanded and any such law enforcement officer Is hereby declared to be a misde- meanor and shall be punished as hereinafter provided. Further pro- vided, however, that the provisions of this section shall not apply to a parent, guardian or other adult person where the minor is'legally married, but said minor, nrvcrthe- less, shall remain subject to the provisions of this Section. Section 4. It shall be unlawful for any parent, guardian or ot4q -, adult p&-Son having the care and; cusi.ody of any minor under tM' age of fourteen years to leave said mine. at home or any other place without the supervision of a com- petent and responsible person be- tvicen the hours of 10 P. M., and 6 A. M. of the following day. Section u. Provisions of this or- dinance Fhall not °apply, to any minor in the military service of the United States. . . Section 6. For the purpose of this ordinance, any person under the age of 18 years, shall be deemed a minor irrespective of the marital status of said person. Section 7. PENALTIES. Any minor violating any of the provis- ions of Section 1 hereof shall be 'remanded to the Juvenile Court. Any parent:, guardian or other adult person having the care and custody of a minor coming within .the provisions of this ordinance who violates any of the provisions hereof shall be fined not more than $100.00 or confined in the county jait for not more than 50 days or punished by both such fine and imprisonment for each of- fense. Section 8. REPEAL OF CON- FLICTING ORDINANCES. Aft existing ordinances of the City of Newport Beach, Calif. are hereby repealed insofar as they may be inconsistent with the provisions of this Ordinance, Section 9. SEPARABILITY OF PROVISIONS. It is the intention of ti}e City Council that each sep- arate provision of this Ordinance shall be deemed independent of all other, proyisions herein, and it is further the intention of the City Council that if any. provisions of this Ordinance be declared invalid', all other Provisions thereof shali remain: valid aryd enforcable; ' Section 10. FINDING OF EMERGENCY. This Ordinance is passed as an emergency measure.' and the City Council does by the vote, by which this Ordinance is passed, hereby declare that an emergency exists, which makes it imperative that this Ordinance be- come effective forthwith, the na-. tare of said emergency being as follows: War -time conditions have, overtaxed the law enforcement agencies of the city Of Newport Beach, Calif. so that it is.neces- sany to preserve the public;peacc,, ;i safety, 'Health, morals and' wclfara• by, restricting the presence W mi- nors in the streets and otliet -pub- ]ic places for the phrpose of cur- tailing juvemife delinquency by making, this Ordinance effective immediately. Section 11. The Mayor shall sign this Ordinance and the City Clerk shall attest the same, and the City Clerk shall cause the same to be' published within fifteen (15) days after its passage, at, least once in Newport Balboa Ncw;s- Times, ,0 newspaper of general circulation published and circulated in the. City of Newport Beach, Calif.; APPROVED and ADOPTED . this 3rd day of July, 1944. - CLYAN H. IIABI,', Mayo' of that EnPjc'oF. ... ...........« o,,,,:.a. —rte.. f ATT EST: Frank L, Rinehart, City Cleric. Pub. July 6, 19.¢j,, • •