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01-03-1995 - Ordinances for Adoption1 City of West Covina Memorandum TO: City Council AGENDA j ITEM NO. C_6 FROM: City Manager's Office DATE 1/03/95 *PRINTED ON RECYCLED PAPER SUBJECT: ORDINANCES FOR ADOPTION SUMMARY: lAt' the December 20, 1994 City Council meeting an ordinance was introduced and is before the City Council for adoption. RECOIVEMENDATION: It is recommended that the City P g Council adopt the following ordinance: � ORDINANCE NO.�_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING CHAPTER 15, ARTICLE I, SECTION 15-18 TO THE WEST COVINA MUNICIPAL CODE PROVIDING FOR A DAYTIME LOITERING FOR MINORS ORDINANCE. dy Administrative Analyst II ORDINANCE NUMBER - AN ORDINANCE OF:ss the complex problem and solution of juvenile truancy and daytime loitering by students, the Police Department introduces a municipal code ordinance to prohibit daytime loitering during certain.hours of school days. BACKGROUND: The West Covina Police Department and the three school districts (West Covina Unified, Covina Valley Unified and Rowland Unified) that serve the City are combining their resources to deal with the rising' student truancy rate in the most effective ways. In addition to the loss. of educational time, increased law enforcement contacts with juveniles are directly related to the truancy rate among students. Truants generally loiter about businesses, including the local malls, and often discourage legitimate customers from patronizing those merchants. Officers often respond to calls of "ditch parties," where truant students gather at.homes where parents are not present. Habitual truants often encourage other students to indulge in negligent .and irresponsible behavior. The school districts conservatively estimate that a total of 75-100 students a•day are truant from school. The Department's response when locating and identifying truants is to simply return the students to the. schools. This type of enforcement effort often leads to the student's suspension,- a. situation that enhances the.. problems of unsupervised youth. Law enforcement's options for other resolutions to the truancy problems are limited. Officers do not have the authority to detain the offenders. This system of dealing with the truancy issue is without risk or legitimate . consequence to the truant and their parents or guardians and encourages continuing poor behavior. The new Municipal Code Ordinance proposed here addresses juveniles, ages.12-17 yearsTHE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING CHAPTER 15, ARTICLE I, SECTION 15-18 TO THE WEST COVINA MUNICIPAL; CODE PROVIDING FOR A DAYTIME LOITERING FOR MINORS ORDINANCE. WHEREAS, the City Council of the City of West Covina believes that students between the ages of 12 and 18 must. attend school to receive the necessary education, and WHEREAS, students between the. ages of 12 and 18 are required to attend classes between the hours of 8:30 a.m. and 1:30 pm or during other hours as designated by the respective'school district, and, WHEREAS,, some students attend compulsory continuation or independent studies education and should be involved in those related activities between 8:30 a.m. and 1:30 p.m. and, WHEREAS, students who are truant during the school day create a law enforcement problem while loitering in public places or places where they are not under adult supervision, and WHEREAS,, such students who are truant realize no risk or legitimate:consequence to their actions, and WHEREAS, the school district suspension of such students places those same students back on the streets, resulting in additional law enforcement service costs NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST' COVINA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 15-18 is hereby added to the West Covina Municipal Code to read as follows: Sectionj15-18. Daytime Loitering by Minors (a) Iniaddition to the provisions of Section 15-8 of this Code and except as provided in subsection (b) it is unlawful for any person, under the age of eighteen, who is subject to compulsory education or to compulsory continuation education to loiter, idle, wander, or be 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 without during the hours -of 8:30 a.m. and 1:30 p.m. or during other hours as designated by the respective. school district on days when school is in session. (b) The provisions of this section do not apply when the minor is accompanied by his or her parents, guardian or other adult person having the care and custody of the minor, or when the minor is on an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor or when the minor is going or coming directly from or to their place or gainful employment or to and from a medical. appointment or students who have permission to leave campus for lunch or school related activity and have in their possession a valid, school issued, off -campus permit. SECTION 2. .This ordinance shall be effective thirty (30) days from the date of adoption. SECTION 3. The City Clerk shall certify'to the passage and adoption of this ordinance and cause it to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED THIS DAY OF ,1994. MAYOR ATTEST: CITY CLERK I HEREBY CERTIFY t t the foregoing Ordinance Number was duly adopted by th ity Council of the City i West Covina at a regular meeting, hereof held on the day of 1994 by the following vote of the Council: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY