12-20-1994 - Introduction of Ordinance - Daytime Loitering of MinorsCity of West Covina
Memorandum
TO: CITY MANAGER AND CITY COUNCIL
FROM: JOHN T. DISTELRATH, CHIEF OF POLICE
PUBLIC SAFETY DIVISION MANAGER
AGENDA
I ___-
ITEM NO. -L
DATE f a J
e PRINTED ON REC CLED PAPER
SUBJECT: INTRODUCTION OF ORDINANCE - DAYTIME LOITERING OF MINORS
SUMMARY: To.address 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 years of age. It will allow officers to detain and
issue citations to those juveniles who are truant from school and
loitering in public places. The students would then be returned to
the school campus with a court appearance date in six to eight
weeks.
The Police Department is utilizing a county -approved citation -
procedure for those juveniles who violate Municipal- Code, Penal
Code, Vehicle Code and the Business and Professions Code.
Offenders that used to require arrest, detention and direct
supervision now can be cited into the Juvenile Traffic Court
system. This procedure creates a more immediate response from the
justice system and requires the juvenile and his/her parents to
appear before a Juvenile_Court Referee within eight weeks of the
violation.
In addition to the immediate response for the offender, this policy
has proved itself more efficient for the Department and the
officers. Since its inception in March 1994, the detention and
citation of juvenile offenders in the field for low-grade
misdemeanor offenses has increase. With this working procedure, an
officer who would have been removed from the field (and unavailable
to respond to calls for service) can cite a juvenile for an
applicable offense and avoid the detention and supervision required
if the offender is transported to the station.
P
RECOMMENDATION: It is recommended that the City Council introduce
the following ordinance: Daytime Loitering by Minors
A draft of the ordinance is attached.
r
JOHN T. DISTELRATH, Chief of Police
Public Safety Division Manager
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