Ordinance No. 792 - Daytime Curfew Regulations11
ORDINANCE NO. 792
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD RELATING TO DAYTIME CURFEW
REGULATIONS AND AMENDING TITLE 4, CHAPTER 1
OF THE ROSEMEAD MUNICIPAL CODE
The City Council of the City of Rosemead DOES ORDAIN as
follows:
Section 1. The City Council hereby finds:
A. In 1995, the City Council adopted Ordinance
No. 757, establishing a daytime curfew applicable to
minors under the age of eighteen who are subject to
compulsory education or compulsory continuation
education.
3. Los Angeles Superior Court litigation
40 challenged the validity of another city's similar
ordinance. The Superior Court determined that one
section of the ordinance was in conflict with a
provision in the California Education Code, thereby
rendering the ordinance unenforceable.
C. It is the intent of the City Council in
adopting this Ordinance to revise the provisions of
Ordinance NO. 757 to address the concerns of the
• Superior Court and specifically include regulations
consistent with those exceptions set forth in the
California Education Code, or are otherwise provided by
law, while continuing to protect the health, safety and
welfare of minors under the age of eighteen and the
general public.
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Section 2. Title 4, Chapter 1, Section 4143(a) of the
Rosemead Municipal Code is hereby amended to read as follows:
114143(a) Daytime Loitering by Minors. It is unlawful
for any minor under the age of eighteen years, who is
subject to compulsory education or to compulsory
continuation education to be in or upon any public
street, highway, road, alley, park, playground, or
other public ground, public place, public building,
place cf amusement, eating establishment or vacant lot
during the hours of 8:30 a.m. and 1:30 p.m. on days
when said minor's school is in session. This section
does not
apply:
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A.
When the minor is
accompanied
by his or her
parent, guardian, or other adult person having the care
or custody of the minor; or
B. When the minor is on an emergency errand
directed by his or her parent or guardian or other
adult person having care or custody of the minor; or
C. When the minor is going or coming directly
from or to their place of gainful employment or to or
• from a medical appointment; or
D. To students who have permission to leave
school campus for lunch or school related activity and
have in their possession a valid, school issued, cff-
campus permit.
E. When the minor is exempt by law from
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compulsory education or compulsory continuation
education; or
F. When the minor is authorized to be absent from
his or her school pursuant to the provisions of
California Education Code §48205; or
G. When the minor is an emancipated minor as that
term is described in Family Code §7002.
Section 3. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City
• Council of the City of Rosemead hereby declares that it would
have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more section, subsection, sentence, clause,
phrase or portion may be declared invalid or unconstitutional.
Section 4. The Mayor shall sign and the City Clerk shall
certify to the passage and adoption of this Ordinance and shall
• cause the same to be published and posted pursuant to the
provisions of law in that regard and this Ordinance shall take
effect thirty (30) days after its final passage.
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APPROVED AND ADOPTED this 13th day of April , 199 9
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ATTEST:
ity Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 792 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
RELATING TO DAYTIlvIE CURFEW REGULATIONS AND AMENDING TITLE 4,
CHAPTER 1 OF THE ROSEMEAD MUNICIPAL CODE
was duly adopted at a regular meeting of the Rosemead City Council on the 13th day of April,
1999, by the following vote to wit:
YES: COUNCILMEMBERS VASQUEZ, TAYLOR, BRUESCH, CLARK, IMPERIAL
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
is
ATTEST:
J
CITY CLERK
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