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:
•
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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:
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(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.
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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
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