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HomeMy WebLinkAboutORD 1126ORD 1126pT3(퓬 ORDINANCE NO. 1126 AN URGENCY ORDINANCE PURSUANT TO GOVERNMENT CODE SECTION 36937 OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 130.02 OF THE CODE OF BALDWIN PARK PERTAINING TO JUVENILE CURFEW. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. That Section 130.02 of the Code of Baldwin Park is amended to read as follows: 130.02 CURFEW HOURS FOR MINORS. A) Definitions 1) Curfew hours' means 10:00p.m. of any day until 6:00 a.m. the following day. 2) Emergency' means an unforeseen combination of circumstances or the resulting state that calls for immediate action to prevent serious bodily injury or loss of life. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. 3) Establishment' means any privately owned place of business to which the public is invited, including but not limited to any place of amusement, entertainment, or recreation. 4) Guardian' means: a) A person who, under court order, is the guardian of the person of a minor; b) A public or private agency with whom a minor has been placed by a court; or c) A person who is at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor. 5) Minor' means any person under eighteen years of age. 6) Parent' means a person who is a natural parent, adoptive parent, or step-parent 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, and the common areas of BIB] 37643-U01 ORD-U02 1126-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4273-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1126-U05 JUL-U05 2-U05 1997-U05 ORD 1126pT3(퓬 D) Enforcement. Before taking action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The 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 defense in subsection C) is present or applicable." SECTION 2. This Ordinance is declared to be an urgency measure required for the immediate preservation of the public peace, health, and safety pursuant to Section 36937 of the Government Code and shall take effect immediately and continue in force from the day of adoption thereof by a four-fifths vote of the City Council. Adoption of this Ordinance as an urgency measure is warranted for the following reasons: A. The City of Baldwin Park, under the police power delegated to it by the Constitution of the State of California, has the authority to react when the potential exists for jeopardy to the public health, safety, and general welfare of its citizens. B. The City Council of the City of Baldwin Park is concerned with the level of juvenile violence, juvenile gang activity, and juvenile crime in the City of Baldwin Park; and, the crimes being committed by juveniles include serious offenses such as murders, drive-by shootings, drug-related crimes and other gang-related activities; and, juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of perpetrators of crime. C. Recent local statistics regarding juvenile crime and victimization indicate that enforcement of a curfew for juveniles decreases the percentage of juvenile victimization and increases the number of arrests for violent crimes during curfew hours. D. The constitutionality of the City's current curfew ordinance has been called into doubt by the recent ruling of the United States Court of Appeals for the Ninth Circuit in the case of Nunez V. City of San Diego. E. The City Council believes that having an enforceable juvenile curfew ordinance is critical to preserving the public health, safety, and welfare. SECTION 3. Zany section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. 3 BIB] 37643-U01 ORD-U02 1126-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4273-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1126-U05 JUL-U05 2-U05 1997-U05 ORD 1126pT3(퓬 SECTION 4 The City Clerk shall cause this ordinance to be published within 1 5 days after its passage in a local newspaper of general circulation in the City of Baldwin Park and hereby designated for that purpose. PASSED, APPROVED, and ADOPTED this 2ND day Z 1997. BETTE LOWES, MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss CITY OF BALDWIN PARK I, Linda L. Gair, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Urgency Ordinance No.1126 was adopted on first reading, read in title only, and all flirther reading waived, at a regular meeting of the City Council held on the 2nd day of July, 1997, by the following vote: AYES: LOZANO, VAN CLEAVE, MUSE, AND MAYOR LOWES NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY CLERK 4 BIB] 37643-U01 ORD-U02 1126-U02 LI2-U03 FO4263-U03 FO4267-U03 DO4273-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1126-U05 JUL-U05 2-U05 1997-U05