CC - Item 3B - Ordinance No. 781 ORDINANCE NO. 7 B 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD DELETING EXISTING ROSEMEAD
MUNICIPAL CODE SECTIONS 4142 AND 4167 THROUGH
4167.4,AND ADDING A NEW SECTION 4142, REGARDING
CURFEW RESTRICTIONS ON MINORS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. Recitals.
A. Rosemead Municipal Code Sections 4142 and 4167 through 4167.4, currently
make it unlawful for a minor under the age of eighteen to loiter, idle, wander, stroll, or
aimlessly drive about, in or upon any public street or place between the hours of 10:00
p.m. and sunrise the following day; and
B. Recent federal court decisions involving curfew ordinances have rendered
Sections 4142 and 4167 through 4167.4 essentially unenforceable as currently written;
and
C. The City wishes to continue to have an enforceable curfew ordinance which
protects both the health and safety of residents, including minors, and the constitutional
rights of the individuals impacted by its restrictions.
Section 2. Current Rosemead Municipal Code Section 4142, adopted by Ordinance
Number 636, is hereby repealed.
Section 3. Current Rosemead Municipal Code Sections 4167 through 4167.4,
adopted by Ordinance Number 194, arc hereby repealed.
Section 4. Revised Section 4142 of the Rosemead Municipal Code is hereby adopted
to read as follows:
4142 Curfew Restrictions on Minors.
A. Definitions: For purposes of this section:
1. "Curfew hours"means between the hours of 10:00 p.m. on any day and
sunrise of the immediately following day.
2. "Emergency"means an unforeseen combination of circumstances or
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SEP 091997
ITEM No. • Q •
the resulting state that calls for immediate action. The term includes, but
is not limited to, a fire, an earthquake or other natural disaster, an
automobile accident, or any situation which requires immediate action to
prevent serious bodily injury or loss of life.
3. "Establishment"means any privately-owned place of business operated
for a profit to which the public is invited, including, but not limited to, any
place of amusement or entertainment.
4. "Guardian" means a person who, under court order, is the guardian of
the person of a minor; or a public or private agency with whom a minor
has been placed by court order.
5. "Minor' means any person under 18 years of age.
6. "Parent"means a person who is a natural, adoptive. or step-parent of
another person; or at least 18 years of age and authorized by a parent or
guardian to have the care and custody of a minor.
7. "Public Place"means any place to which the public or a substantial
group of the public has access and includes, but is not limited to, streets,
highways. alleys, parks, and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities, and shops.
8. "Remain' means to linger or stay; or fail to leave the premises when
requested to do so by a police officer or the owner, operator, or other
person in control of the premises.
9. "Serious Bodily Injury"means bodily injury that creates a substantial
risk of death. serious disfigurement, or serious permanent injury.
B. Offenses.
1. It is unlawful for a minor to be present or remain in any public place or
street, or on the premises of any establishment within the City during
curfew hours, absent one of the exceptions listed in subsection (C).
2. It is unlawful for a parent or guardian of a minor to knowingly permit,
or by insufficient control, allow, a minor for whom they are responsible,to
remain in any public place or on the premises of any establishment within
the City during curfew hours.
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C. Exceptions. It is a defense to prosecution under subsection(B) if the minor
was:
1. Accompanied by his or her parent or guardian;
2. On an errand at the direction of the minor's parent or guardian, without
any detour or stop;
3. Engaged in an employment activity, or going to or returning directly
home from an employment activity, without any detour or stop;
4. Involved in an emergency;
5. In a vehicle involved in interstate travel;
6. On the sidewalk abutting the minor's residence or abutting the
residence of a next-door neighbor if the neighbor did not complain to the
police department about the minor's presence;
7. Returning directly home from a public meeting, or a place of public
entertainment, such as a movie, play, sporting event, dance or school
activity;
8. Exercising First Amendment rights protected by the United States
Constitution, including freedom of speech, the free exercise of religion,
and the right of assembly;or
9. An emancipated minor in accordance with the provisions of the
California Family Code.
D. Enforcement.
Before taking any action under this section, a peace officer shall ask the apparent
offender's age and reason for being in the public place. The peace officer shall
not issue a citation or make an arrest under this section unless the officer
• reasonably believes that an offense has occurred and that, based on any response
and other circumstances, no exception listed in subsection (C) is present.
Section 5. 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,
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irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions may be declared invalid or unconstitutional.
Section 6. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED this day of , 1997.
Mayor
ATTEST:
City Clerk
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