Ordinance - 2001ORDINANCE N0. 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA AMENDING SECTION 15-8 AND
SECTION 15-18 OF THE WEST COVINA MUNICIPAL
CODE REGARDING CURFEWS FOR JUVENILES
The City Council of the City of West Covina does ordain as
follows:
Section 1. Findings.
A. Juvenile gang activity and crime by minors under the age
of 18 has increased; and
B. The City of West Covina has an obligation to provide for
the protection of minors and its other citizens; and
C. A juvenile curfew discourages such activity by removing
minors from areas subject to unlawful or gang related activities by
older perpetrators of crime during night time and school hours;
thus will further the public health and safety in West Covina; and
Section 2.
Section 15 - 8 is repealed in its entirety and readopted to read
as follows:
Section 15-8. Juvenile Nighttime Curfew.
(a) It is unlawful for any minor under the age of
eighteen (18) to remain in any public place or
establishment within the city between the hours of 10:00
p.m. and 6:00 a.m. However, the provisions of this
ordinance shall not apply if any of the following apply:
1. The minor is accompanied by his or her
parent(s), legal guardian, or by his/her
spouse eighteen (18) years of age or older.
2. The minor's parent(s) or legal guardian has
given the minor permission to remain in a
public place or establishment during curfew
hours.
3. The minor is involved in an emergency.
4. The minor is attending, going to or returning
home without any detour or stop from an
official meeting, school activity, civic
organization, educational, religious or
recreational activity supervised by adults.
5. The minor is engaged in lawful employment
activity or is going to or returning from a
lawful employment activity without any detour
or stop.
6. The minor is in a motor vehicle involved in
interstate travel.
7. The minor is exercising his/her First
Amendment rights, such as freedom of speech,
right of assembly or free exercise of
religion.
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8. The minor is on the sidewalk adjacent to
his/her residence or the residence of a next -
door neighbor and the neighbor does not
complain to the Police Department about the
minor's presence.
Any minor who violates this section is guilty of a
misdemeanor.
(b) Definitions. As used herein, the following words
and phrases shall have the meaning set out.
1. "Emergency" means one or more unforeseen
circumstances or resulting state requiring
immediate action, such as a fire, natural
disaster, accident or situation requiring
immediate action to prevent or threat (??)
serious.injury or loss to person or property.
2. "Establishment" means any privately -owned
place of business to which the public is
invited, including but not limited to places
of amusement or entertainment.
3. "Guardian" means a person ordered to be such
by a court or a public or private agency with
whom the minor has been placed.
4. "Minor" means any person under eighteen (18)
years of age.
5. "Parent" means a person who is a natural,
adoptive or step-parent or someone at least 18
years old authorized by a parent or guardian
to have care, custody or control of the minor.
6. "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
school, apartment houses, office buildings,
transport facilities.and shops.
7. "Remain" means to linger or stay or to fail or
refuse to leave the premises after a request
to do so by a person in control of the
premises or by a police officer.
Section 3. West Covina Municipal Code section 15-8 is
repealed in its entirety and readopted to read as
follows:
Section 15-8. Juvenile Curfew During School Hours.
(a) In addition to the provisions of section 15-8
of the Code, and except as set out in subsection
(b), below, it is unlawful for any minor under the
age of eighteen (18) who is subject to compulsory
education or to compulsory continuation education
requirements to remain in any public place or
establishment within the City between the hours of
8:30 a.m. and 1:30 p.m. or other hours as
designated by the respective school district on
days when school is in session.
(b) The provisions of subsection (a) do not apply
when:
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1. The minor is accompanied by his or her
parent(s) or legal guardian, or spouse
eighteen (18) years of age or older.
2. The minor's parent(s) or legal guardian has
given the minor permission to remain in a
public place or establishment during curfew
hours.
40 3. The minor is involved in an emergency.
4. The minor is attending, going to, or returning
home without any detour or stop from an
official meeting, school activity, civic
organization, educational, or religious or
recreational activity supervised by adults.
5. The minor is engaged in lawful employment
activity or going to or returning from a
lawful employment activity without any detour
or stop.
6. The minor is in a motor vehicle involved in
interstate travel.
7. The minor is exercising his/her First
Amendment rights, such as freedom of speech,
right of assembly or free exercise of
religion.
B. The minor is on the sidewalk adjacent to
his/her residence or the residence of a next -
door neighbor and the neighbor did not
complaint about the minor's presence.
Any minor who violates this section is guilty of' a
misdemeanor.
(b) Definitions. As used herein, the following words
and phrases shall have the meaning set out.
1. "Emergency" means one or more unforeseen
circumstances or the resulting state requiring
immediate action, such as a fire, natural
disaster, accident or situation requiring
immediate action to prevent or treat serious
injury or loss to person or property.
2. "Establishment" means any privately -owned
place of business to which the public is
invited, including but not limited to places
of amusement or entertainment.
3. "Guardian" means a person ordered to be such
by a court or a public or private agency with.
whom the minor has been placed.
4. "Minor" means any person under eighteen (18)
years of age.
5. "Parent" means a person who is a natural,
adoptive or step-parent or someone at least 18
40 years old authorized by a parent or guardian
to have care, custody or control of the minor.
6. "Public place" means any place to which the
public or a substantial group of the public
has access and includes, but is not limited
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do
•
to, streets, highways and the common areas of
school, apartment houses, office buildings,
transport facilities and shops.
7. "Remain" means to linger or stay or to fail or
refuse to leave the premises after a request
to do so by a person in control of the
premises or by a police officer.
Section 4. Nothing contained herein shall have any effect
on prosecutions commenced before the effective date of this
ordinance.
Section 5. Severability. If any part or subpart,
sentence, clause or portion of this ordinance is for any.reason
held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed separate and such
holding shall not affect the validity of the remaining sections.
The City Council declares it would have passed this ordinance, and
all parts of it, irrespective of the fact that any part, subpart,
clause or portion may have been invalidated.
Section 6. Effective Date. This ordinance shall be
effective thirty (30) days from the date of its adoption and
supersedes Urgency Ordinance No. 2000 in its entirety.
1997. PASSED, APPROVED AND ADOPTED this 15th day of July ,
ATTEST:
CITY CLERK
I hereby certify that the foregoing Ordinance was duly adopted by
the City Council of the City of West Covina'at a regular meeting
thereof held on the 15th day of July 1997, by the
following vote of the Council:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM:
CIrPY-' ATTORNEY
482/014125-0003/3085382.1 a06/25/97
Herfert, Howard, Touhey, Wong
None
f4el endez
CITY CLERK
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