HomeMy WebLinkAboutOrd. No. 1995-1010
ORDINANCE NO. 1010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA AMENDING CHAPTER 9.76
OF THE CITY OF LAKE ELSINORE MUNICIPAL
The City Council of the City of Lake Elsinore, California, does ordain as follows:
SECTION 1. PURPOSES:
1.1 The City Council of the City of Lake Elsinore has adopted this Ordinance
in order to protect the public health, safety and welfare, pursuant to that authority contained in
California Constitution Article XI, Section 7.
SECTION 2. MUNICIP AL CODE AMENDED:
2.1 Chapter 9.76 of the City of Lake Elsinore Municipal Code is hereby
amended to read as follows:
"Chapter 9.76
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CURFEW"
Sections:
9.76.010
Intent.
9.76.020
Curfew Established.
9.76.030
Exceptions of Curfew.
9.76.040
Violation of Curfew by Minor.
9.76.050
Responsibility of Adult Curfew Violations.
9.76.010
Intent.
In enacting this Chapter, it is the intent of the City Council
to protect children of immature age, to promote the safety and good order in the community,
and to reduce the incidence of juvenile criminal and other anti-social behavior.
9.76.020 Curfew Established. (a) It is unlawful for any person under the age of
eighteen years to loiter, idle, wander, stroll, play or be present in or upon public streets,
highways, roads, alleys, parks, playgrounds, places of amusement, eating places, vacant lots,
unsupervised places, or other public grounds, places or building between the hours of 10:00
p.m., and 5:00 a.m., of the day immediately following.
9.76.030
Exceptions to Curfew. The provisions of Section 9.76.020 shall not apply
in the following circumstances:
(a) When the person who is under eighteen years of age is accompanied by
his or her parent, guardian or other adult person having the care and
custody of the person who is under eighteen years of age.
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(b) When the person who is under eighteen years of age is returning directly
home from school, church or from a school-sponsored or church-
sponsored meeting, entertainment, recreational activity, dance, or place
of lawful employment.
(c) When the person who is under eighteen years of age is going directly
from home to school or church or to a school-sponsored or church
sponsored meeting or to a place of lawful employment.
(d) When the person who is under eighteen years of age is accompanied by
his or her adult spouse.
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(e) When the person who is under eighteen years of age is directly en route
from school or from a school-sponsored or church-sponsored meeting,
entertainment, recreational activity, dance or place of lawful employment
to a place where food is served to the public. This exception shall
continue during the time which is reasonably required to obtain and
consume food at such place and to proceed directly home from such place.
(f) When the person who is under eighteen years of age is performing, or is
en route directly home from performing, an emergency errand pursuant
to the request or direction of an adult person who is charged with the care
and custody of the minor performing the errand.
9.76.040
Violation of Curfew by Minor.
Punishment.
oJf6
Each person under the age of eighteen years who violates subsection (a)
rt{'7fR ,D~)
of this Chapter^ or causes, permits, aids, abets, suffers, conceals or
0:1.0
conspires in the violation of any provision of 9.76.-G4G shall be guilty of
(a)
CKiV
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an infraction and shall be dealt with in accordance with the State law and
procedures governing the prosecution of minors who are charged with
infractions.
(b) Nothing contained in this Section shall be construed to prohibit the
diversion of juvenile violators of Section 9.76.020 of this Section or
9.76.040 to non-criminal programs for disposition of such violations, such
as youth court proceedings.
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9.76.050
Responsibility of Adult for Curfew Violations. Each parent or
guardian or other adult person having the legal care or custody of a person under the age of
eighteen years, who causes, permits, aids, abets, suffers or conceals the violation of any
provision of Section 9.76.020, or who conspires with any other person to the end that any
provision of Section 9.76.020 shall be violated, shall be guilty of an infraction or a misdemeanor
in accordance with the provisions of Section 1.16 of this Code and, upon the conviction thereof,
shall be punished in accordance with the provisions of Section 1.16 of this Code.
INTRODUCED AND PASSED UPON FIRST READING this 14th day
of November, 1995, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
ALONGI, BENDER
ABSTAIN:
COUNCILMEMBERS:
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
28th day of November, 1995, upon the following roll call vote:
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AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, PAPE, WASHBURN
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
BENDER
ABSTAIN:
COUNCILMEMBERS:
NONE
ATTEST:
~J\x~ CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO LEGAL FORM:
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JJ~R
JOHN R. HARPER,
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE
ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read
by title only for adoption on November 14, 1995, and passed on
November 28, 1995, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BRINLEY, PAPE,
WASHBURN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: BENDER
ABSTAIN: COUNCILMEMBERS: NONE
~~TY CLERK
CITY OF ~~E ELSINORE
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( SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true
and correct copy of Ordinance No. 1010 of said Council, and that
the same has not been amended or repealed.
DATED:
November 30, 1995
~~~ CLERK
CITY OF LAKE ELSINORE
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( SEAL)