HomeMy WebLinkAboutOrd. No. 1999-1046
ORDINANCE NO. 1046
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE AMENDING CHAPTER 9.76 OF THE LAKE ELSINORE
MUNICIPAL CODE TO INCLUDE PROVISIONS REGARDING TRUANCY
BY MINORS
WHEREAS; Chapter 9.76 ofthe Lake Elsinore Municipal Code establishes a night time
curfew for minors under the age of 18; and
WHEREAS, the truancy rate for students under the age of 18 in the City of Lake Elsinore
is increasing as is the occurrence of crime by minors; and
WHEREAS, a juvenile truancy ordinance discourages such activity by removing minors
from areas subject to unlawful activity during school hours and encourages school attendance, thus
furthering the health, safety and welfare of the citizens of the City of Lake Elsinore; and
WHEREAS, the City Council of the City of Lake Elsinore desires to amend Chapter 9.76
of the Lake Elsinore Municipal Code in order to include provisions regarding truancy by minors and
to establish a cost recovery mechanism in connection therewith.
NOW THEREFORE, the City Council of the City of Lake Elsinore does hereby ordain as
follows:
Section 1. Section 9.76.020 is amended to add the following:
"A. It is unlawful for any person under the age of eighteen years 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 buildings between the hours of 10:00 p.m. and 5:00 a.m.
of the day immediately following.
B. 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 present in or
upon the public streets, highways, roads, alleys, parks, playgrounds, or other public
grounds, public places, public buildings, places of amusement and eating places,
vacant lots or any unsupervised place during the hours of7:00 a.m. and 4:00 p.m.,
or such other hours as designated by the respective school district, on days when
school is in session."
Section 2. Section 9.76.030 E of the Lake Elsinore Municipal Code is hereby amended to
read:
"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 oflawful 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. This exception 9.76.030 E shall not apply in connection with a violation or
Section 9.76.020 B."
Section 3. Section 9.76.030 of the Lake Elsinore Municipal Code is hereby amended to add
the following:
"G. When the person who is under eighteen years of age is:
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1. In a motor vehicle involved in interstate commerce;
2. On the sidewalk abutting the minor's residence;
3. Emancipated pursuant to state law.
8. When the person who is under eighteen years of age is involved in an emergency.
"Emergency" as used herein means an unforeseen combination of circumstances or
the resulting state that calls for immediate action. The term includes, but is not
limited to, a fire, natural disaster, an automobile accident or any situation requiring
immediate action to prevent serious bodily injury or loss of life.
9. When the person who is under eighteen years of age is exercising First Amendment
rights of speech or associational activity protected by the California or United States
Constitution.
10. The following exceptions shall only apply in connection with a violation of Section
9.76.020 B but shall not apply to a violation of Section 9.76.020 A:
1. The person who is under eighteen years of age is going to or
returning from a medical appointment without detour or stop.
2. The person who is under eighteen years of age is in possession
of valid proof that he or she is a student who has permission
to leave the school campus."
Section 4. A new Section 9.76.060 is hereby added to the Lake Elsinore Municipal Code
to read as follows:
"9.76.060 Minor Curfew, Loitering or Wilful Misconduct - Cost Recovery.
A. Determination bv Court. When, based on a finding of civil liability or criminal
conviction for violations of curfew, daytime loitering (truancy) or wilful misconduct in violation of
Welfare and Institutions Code Section 602, a minor under eighteen years of age is detained for a
period of time in excess of one (1) hour, and said detention required the supervision of the juvenile
offender by Police Department employee(s), the parent(s) or legal guardian(s) having custody or
control of said minor shall be jointly and severally liable for the cost of providing such personnel
over and above the services normally provided by said department.
B. Determination bv Chief of Police. As determined by the Chief of Police or his
designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to
an act of wilful misconduct in violation of Welfare and Institutions Code Section 602 where police
personnel provide services relating to the detention, processing or supervision of minors that are over
and above the normal services usually provided by the Police Department, may be assessed, and
billed for, the cost of providing such personnel for such services beyond those normally provided
by said department.
C. Aooeal. Any person receiving a bill for police services pursuant to this Chapter 9.76
may, within fifteen (15) days after the billing date, file a written request appealing the imposition
of said charges. Any billing sent pursuant to this section shall inform the billed party of the right
to appeal said billing. Any appeal regarding such billing shall be heard by the City Manager, or his
or her designee, as the hearing officer. Within ten (10) days after the hearing, the hearing officer
shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal,
payment of the bill for the police services shall be suspended until notice of the decision of the
hearing officer. If the appeal is denied in part or in full, all amounts due to the City shall be paid
within thirty (30) days after notice of the decision of the hearing officer."
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.
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The City Council of the City of Lake Elsinore hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of
the fact that anyone or more section, subsection, sentence, clause, phrase or portion may be declared
invalid or unconstitutional.
INTRODUCED AND PASSED UPON FIRST READING BY TITLE ONLY this 27th day
of April, 1999, upon the following roll call vote:
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AYES: COUNCILMEMBERS:
METZE, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
BRINLEY, P APE
ABSTAIN: COUNCILMEMBERS:
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING BY TITLE ONL Y
this 11th day of May , 1999.
AYES: COUNCILMEMBERS:
METZE, PAPE, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
BRINLEY
ABSTAIN: COUNCILMEMBERS:
NONE
. AtTEST:.
7tiJ;kJ
Viekj Kasud, City'Clerk
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) SS:
CITY OF LAKE ELSINORE)
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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 April 27, 1999, and
passed on May 11, 1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
METZE, P APE, SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
BRINLEY
ABSTAIN:
COUNCILMEMBERS:
NONE
n( . 'V
LtJl~~
VICKI KASAD, CITY CLERK
CITY OF LAKE 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. 1046 of said Council, and that the same has not been amended or repealed.
~r:D: MHay 19, 1999
i--J;A~'
VICKI KA.SAD, CIT CLERK
CITY OF LAKE ELSINORE
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(SEAL J