2000 Municipal Court - Ordinance Establishing a Daytime Curfew for Minors•
OLD BUSINESS
. CONSIDERATION'OF ORDINANCE NO. 276: ANe.Q1 DINANCE OF THE- CITY OF
ROLLING HILLS ESTABLISHING A DAYTIME CURFEW FOR MINORS AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE.
City Manager Nealis presented the staff report providing background regarding Ordinance
No. 276. Hearing no discussion, Mayor Heinsheimer called for a motion.
Councilmember .Murdock moved that the City Council adopt Ordinance No. 276. Mayor
Pro Tern Pernell seconded the motion which carried unanimously.
•
CONSIDERATION OF INTRODUCTION OF. ORDINANCE NO. 276: AN
ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING A DAYTIME
CURFEW FOR MINORS AND AMENDING THE ROLLING HILLS MUNICIPAL
CODE.
City Manager Nealis presented the staff report providing background regarding the
Peninsula Regional Law Enforcement Committee's recommendation regarding this •
ordinance. After a brief discussion regarding the consideration of this ordinance by the
other Peninsula Cities, Mayor Heinsheimer called for a motion.
Councilmember Murdock moved that the City Council waive further reading and
introduce Ordinance No. 276. Councilmember Lay seconded the motion which carried
unanimously. This item was continued to the next regularly scheduled meeting of the
City Council scheduled for Monday, June 14, 1999 to be considered for second reading and
adoption.
ORDINANCE NO. 276
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A DAYTIME CURFEW FOR MINORS AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
SECTION 1. Purpose.
The purpose of this Ordinance is to establish a daytime curfew for minors to
reduce truancy, drop -out rates, juvenile crime and victimization of juveniles which occurs
during the school hours.
SECTION 2. Title 9 of the Rolling Hills Municipal Code is hereby amended by
adding thereto a new Chapter 9.34 to read as follows:
Chapter 9.34
DAYTIME CURFEW
Sections:
9.34.010 Definitions.
9.34.020 Daytime Curfew for Minors.
9.34.030 Exemptions.
9.34.040 Parental Responsibility.
9.34.050 Penalty for violation.
9.34.060 Enforcement Procedures.
9.34.070 Power of Law Enforcement Officers.
9.34.010 Definitions.
For the purposes of this Chapter, unless it is plainly evident from the context that
a different meaning is intended, the following definitions shall apply:
A. "Custodial person" means any parent or legal guardian of the minor, or
any person eighteen (18) years of age or older who is authorized by a parent or legal guardian
to take care and have custody of the child.
B. "Emergency" means an unforeseen combination of circumstances or the
resulting state that calls for immediate action. The term includes, but is not limited to, fire,
natural disaster, automobile accident, or any situation requiring immediate action to prevent
serious bodily injury or loss of life.
C. "Minor" means a person under the age of eighteen (18) years.
D. "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, parks and the
common areas of schools.
9.34.020 Daytime Curfew For Minors.
Unless the minor meets one or more of the exceptions set forth in Section 9.34.030
of this Chapter, it is a misdemeanor for any minor subject to compulsory education or
compulsory continuation education to be present between the hours of 8:30 a.m. and 1:30 p.m.
of the same day, on days when the minor's school is in session, in or upon any of the following
places: (i) any public or private street, road, drive, alley, or trail; (ii) any public or community
park or recreation area; (iii) any public ground, place, or building or (iv) any vacant lot or
abandoned or vacant building.
9.34.030 Exemptions.
The curfew in Section 9.34.020 shall not apply if the minor is:
A. Accompanied by a custodial person;
Ordinance No. 276 -1-
B. On an errand directed by, and in possession of a written excuse from, a
custodial person;
C. Engaged in or going directly to or returning directly from a school -
approved activity or one that is supervised by school personnel, a medical appointment, a
religious activity, or any other lawful educational or recreational activity supervised by adults
and sponsored by the school, the city, a civic organization, or a similar entity that takes
responsibility for the child;
D. Engaged in a lawful employment activity or in a place in connection with
or as required by a business, trade, profession, or occupation in which the minor is lawfully
engaged, or going directly to or returning directly from such lawful employment activity;
E. Engaged in or going directly to or returning directly from any other
lawful activity with written permission from a custodial person;
F. Involved in an emergency or seeking medical assistance;
G. Exercising rights protected by the First Amendment of the United States
Constitution or Article 1 of the California Constitution when a minor has in his or her
possession written permission from a custodial person to engage in such activity;
H. In the right-of-way abutting the minor's residence, provided there are not
complaints regarding the minor's conduct;
I. in a motor vehicle involved in interstate travel; or
J. Emancipated pursuant to State Law and California Family Code Section
7000, et. seq. by virtue of being, including but not limited to, married or in the military service.
K. In possession of a valid, school -issued, off campus permit giving
permission to leave campus;
L. Receiving instruction by a qualified tutor pursuant to Education Code
Section 48224;
M. Otherwise exempt from attendance at a public or private .full-time day
school as set forth in the Education Code;
N. On an excused absence from school due to any of the circumstances set
forth in Section 48205 of the California Education Code, or any other applicable state or federal
; law.
' 9.34.040 Parental Responsibility.
Every custodial person who allows or permits a minor in his or her custody to
violate any provision of Section 9.34.020 is guilty of a misdemeanor.
9.34.050 Penalty for violation.
Any person who violates any of the provisions of Chapter 9.34 shall be guilty of
a misdemeanor which is punishable by the general penalty of Section 1.08.020(A) of the
Rolling Hills Municipal Code; provided, however, a court may order the following instead of a
fine:
A. Community service: (i) for no more than 10 hours for the first violation;
(ii) for no less than 10 hours and no more than 20 hours for the second violation; and (iii) for
no less than 20 hours and no more than 50 hours for each additional violation of this Chapter
committed within one year after the second violation of the Chapter; or
B. Parenting classes.
9.34.060 Enforcement Procedures.
A deputy of the Los Angeles County Sheriff's Department shall ask the age of an
apparent offender and his or her reason for being on the premises or property during school
hours. The deputy shall not issue a citation or make an arrest unless the deputy reasonable
believes that an offense has occurred and that none of the exceptions set forth in Section
9.34.030 apply.
Ordinance No. 276 -2-
9.34.070 Power of Law Enforcement Officers.
Nothing in this Chapter shall be construed as limiting in any way the power or
right of law enforcement officers to make investigations, detentions or arrests as would have
been permitted has this Chapter not been enacted.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this ordinance or the application thereof to any person or place, is for any reason
held to be invalid or unconstitutional by the decision of any court or competent jurisdiction,
such decision shall not affect the validity of the remainder of this ordinance. The City Council
hereby declares that it would have adopted this ordinance, and each and every section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact
that any one or more sections, subsections,. subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
PASSED, APPROVED and ADOPTED this 14th da of Jun a 1999.
einsheimer
ATTEST:
. KWon)
Marilyn L. I ern
Deputy City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS)
) §§
Mayor
I certify that the foregoing Ordinance No. 276 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A DAYTIME CURFEW FOR MINORS AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE
was approved and adopted at a regular meeting of the City Council on June 14, 1999 by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Hill, Lay, Murdock, Mayor Pro Tem Pernell
and Mayor Heinsheimer.
None.
None.
None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
Marilyn L. Kern
Deputy City Clerk
Ordinance No. 276 -3-
TO:
FROM
SUBJECT:
City o/ Rolling iut.
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
Agenda Item No.: 7-A
Mtg. Date: 06/14/99
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CRAIG R. NEALIS, CITY MANAGER
CONSIDERATION OF ORDINANCE NO. 276: AN ORDINANCE OF
THE CITY, OF ROLLING HILLS ESTABLISHING A DAYTIME
CURFEW FOR MINORS AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE. (SECOND READING AND ADOPTION)
DATE: JUNE 14,1999
BACKGROUND
The attached ordinance was introduced by members of the City Council at the regular
meeting held Monday, May 24, 1999. Ordinance No. 276 is presented this evening for
consideration of second reading and adoption. .
We have attached a copy of the staff report that was presented to the City Council on
May 24th. Previously, the city of Rancho Palos Verdes adopted a similar ordinance. The
City of Rolling Hills Estates adopted a similar ordinance on June 8th.
It had been previously reported that Palos Verdes Estates had also adopted a truancy
ordinance. However, this is incorrect. Palos Verdes Estates has a nighttime curfew
ordinance, but elected to not adopt a truancy ordinance because they feel comfortable
enforcing local truancy violations on a complaint basis through existing Code sections.
RECOMMENDATION
It is recommended that members of the City Council consider Ordinance No. 276 for
second reading and adoption.
CRN:m1k
ord276.sta2
®Printed on Recycled Paper.
PAGE INTENTIONALLY LEFT BLANK.
TO:
FROM
SUBJECT:
City olleollinv
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
Agenda Item No.: 8-C
Mtg. Date: 5/24/99
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CRAIG R. NEALIS, CITY MANAGER
CONSIDERATION OF INTRODUCTION OF ORDINANCE NO. 276:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A DAYTIME CURFEW FOR MINORS AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE.
DATE: MAY 24,1999
BACKGROUND
At the May 6, 1999 meeting of the Peninsula Regional Law Enforcement Committee, a
request was presented by the Sheriff's Department, which was supported by the Palos
Verdes Peninsula School District, that each City Council on the Peninsula consider
adopting an Ordinance that establishes daytime curfews for minors in an effort to
reduce truancy.
The attached Ordinance has been prepared by the City Attorney. Ordinance No. 276
provides authority for the Sheriff's Department to enforce truancy, as defined, in the
City of Rolling Hills, during the daytime hours of 8:30 a.m. to 1:30 p.m. Ordinance No.
276 will amend the Rolling Hills Municipal Code and establish that it is a misdemeanor
for any minor, as defined, to be in any public or private street, road, drive, alley or trail,
any public or community park recreation area, any public ground, place or building, or
any vacant lot or abandoned vacant building between the hours of 8:30 a.m. and 1:30
p.m. on school days.
There are several exceptions included in the Ordinance. These exemptions include
when a minor is accompanied by a custodial person (adult), going to or from school
activities supervised by school personnel, medical appointment, etc. There are also
provisions in the Ordinance that prohibit a parent to allow a minor to violate this
proposed law.
Enforcement will include a Deputy Sheriff asking the age of the apparent offender and
the reasons for being off of school property. The Deputy shall not make an arrest or
issue a citation unless they reasonably believe that an offense has occurred and that
none of the exceptions apply.
Printed on Recycled Paper.
A similar Ordinance is currently being considered by the City of Rolling Hills Estates
and has been adopted by the City of Rancho Palos Verdes and Rolling Hills Estates.
RECOMMENDATION
It is recommended that member of the City Council consider introduction of Ordinance
No. 276.
CRN:mlk
truancy.sta
:
ORDINANCE NO. 276
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A DAYTIME CURFEW FOR MINORS AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
SECTION 1. Purpose.
The purpose of this Ordinance is to establish a daytime curfew for minors to
reduce truancy, drop -out rates, juvenile crime and victimization of juveniles which occurs
during the school hours.
SECTION 2. Title 9 of the Rolling Hills Municipal Code is hereby amended by
adding thereto a new Chapter 9.34 to read as follows:
Chapter 9.34
DAYTIME CURFEW
Sections:
9.34.010 Definitions.
9.34.020 Daytime Curfew for Minors.
9.34.030 Exemptions.
9.34.040 Parental Responsibility.
9.34.050 Penalty for violation.
9.34.060 Enforcement Procedures.
9.34.070 Power of Law Enforcement Officers.
9.34.010 Definitions.
For the purposes of this Chapter, unless it is plainly evident from the context that
a different meaning is intended, the following definitions shall apply:
A. "Custodial person" means any parent or legal guardian of the minor, or
any eighteen years of age or older who is authorized by parent or legal guardian
Person (18 )g a g
to take care and have custody of the child.
B. "Emergency" means an unforeseen combination of circumstances or the
resulting state that calls for immediate action. The term includes, but is not limited to, fire,
natural disaster, automobile accident, or any situation requiring immediate action to prevent
serious bodily injury or loss of life.
C. "Minor" means a person under the age of eighteen (18) years.
D. "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, parks and the
common areas of schools.
Ordinance No. 276
9.34.020 Daytime Curfew For Minors.
Unless the minor meets one or more of the exceptions set forth in Section 9.34.030
of this Chapter, it is a misdemeanor for any minor subject to compulsory education or
compulsory continuation education to be present between the hours of 8:30 a.m. and 1:30 p.m.
of the same day, on days when the minor's school is in session, in or upon any of the following
places: (i) any public or private street, road, drive, alley, or trail; (ii) any public or community
park or recreation area; (iii) any public ground, place, or building; or (iv) any vacant lot or
abandoned or vacant building.
9.34.030 Exemptions.
The curfew in Section 9.34.020 shall not apply if the minor is:
A. Accompanied by a custodial person;
B. On an errand directed by, and in possession of a written excuse from, a
custodial person;
C. Engaged in or going directly to or returning directly from a school -
approved activity or one that is supervised by school personnel, a medical appointment, a
religious activity, or any other lawful educational or recreational activity supervised by adults
and sponsored by the school, the city, a civic organization, or a similar entity that takes
responsibility for the child;
D. Engaged in a lawful employment activity or in a place in connection with
or as required by a business, trade, profession, or occupation in which the minor is lawfully
engaged, or going directly to or returning directly from such lawful employment activity;
E. Engaged in or going directly to or returning directly from any other.
lawful activity with written permission from a custodial person;
F. Involved in an emergency or seeking medical assistance;
G. Exercising rights protected by the First Amendment of the United States
Constitution or Article 1 of the California Constitution when a minor has in his or her
possession written permission from a custodial person to engage in such activity;
H. In the right-of-way abutting the minor's residence, provided there are not
complaints regarding the minor's conduct;
I. in a motor vehicle involved in interstate travel; or
J. Emancipated pursuant to State Law and California Family Code Section
7000, et. seq. by virtue of being, including but not limited to, married or in the military service.
K. In possession of a valid, school -issued, off campus permit giving
permission to leave campus;
L. Receiving instruction by a qualified tutor pursuant to Education Code
Section 48224;
Ordinance No. 276 -2
M. Otl rise exempt from attendance at _ ablic or private full-time day
school as set forth in the Education Code;
N. On an excused absence from school due to any of the circumstances set
forth in Section 48205 of the California Education Code, or any other applicable state or federal
law.
9.34.040 Parental Responsibility.
Every custodial person who allows or permits a minor in his or her custody to
violate any provision of Section 9.34.020 is guilty of a misdemeanor.
9.34.050 Penalty for violation.
Any person who violates any of the provisions of Chapter 9.34 shall be guilty of a
misdemeanor which is punishable by the general penalty of Section 1.08.020(A) of the Rolling
Hills Municipal Code; provided, however, a court may order the following instead of a fine:
A. Community service: (i) for no more than 10 hours for the first violation;
(ii) for no less than 10 hours and no more than 20 hours for the second violation; and (iii) for
no less than 20 hours and no more than 50 hours for each additional violation of this Chapter
committed within one year after the second violation of the Chapter; or
B. Parenting classes.
9.34.060 Enforcement Procedures.
A .deputy of the Los Angeles County Sheriffs Department shall ask the age of an
apparent offender and his or her reason for being on the premises or property during school
hours. The deputy shall not issue a citation or make an arrest unless the deputy reasonable
believes that an offense has occurred and that none of the exceptions set forth in Section
9.34.030 apply.
9.34.070 Power of Law Enforcement Officers.
Nothing in this Chapter shall be construed as limiting in any way the power or
right of law enforcement officers to make investigations, detentions or arrests as would have
been permitted has this Chapter not been enacted.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this ordinance or the application thereof to any person or place, is for any reason
held to be invalid or unconstitutional by the decision of any court or competent jurisdiction,
such decision shall not affect the validity of the remainder of this ordinance. The City Council
hereby declares that it would have adopted this ordinance, and each and every section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
PASSED, APPROVED and ADOPTED this day of ,1999.
Thomas F. Heinsheimer
Mayor
Ordinance No. 276
ATTEST:
Marilyn L. Kern
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Ordinance No. 276 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A DAYTIME CURFEW FOR MINORS AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE
was approved and adopted at a regular meeting of the City Council on by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Adnunistrative Offices "
Marilyn L. Kern
Deputy City Clerk
Ordinance No. 276
VALMONTE
ADMINISTRATION
CENTER
3801 Via La Selva
Palos Verdes Estates
Califomia 90274-1119
(310) 378-9966
FAX (310) 378-0732
Ira J. Toibin, Ph.D.
Superintendent
of Schools
Board of Education
Barbara Lucky
President
Gabriella Holt
Vice President
Ellen Perkins
Clerk
Joan Davidson
Member
Gary S. Gertz
Member
Palos Verdes Peninsula
Unified School District
March 10, 1999
Mr. Craig Nealis, City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274-5171
Dear Craig:
As another part of the Palos Verdes Peninsula Unified School District's effort
to provide a safe school environment for all students, the District is
requesting that the City of Rolling Hills adopt a truancy ordinance similar to
that of the County of Los Angeles (see attached). By doing so, police
officers will have the authority to question or detain any minor under the age
of 18 when it is suspected that the minor is absent from school and found in
a public place. We have also requested that the other three cities on the
Peninsula (Palos Verdes Estates, Rancho Palos Verdes, and Rolling Hills
Estates) adopt a similar ordinance.
We appreciate the cooperation, generosity, and collaborative relationship the
District continues' to experience working with the three cities (Rancho Palos
Verdes, Rolling Hills, and Rolling Hills Estates) in providing the funding of the
special assignment officers.
Sincerely,
Ira J. Toibin, Ph.D.
Superintendent of Schools
IJT/rm
Enclosure
t community.TruancyOrdRH3-1099
TO:
FROM
SUBJECT:
Cry 0/ ie0fi Jh/h
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
Agenda Item No.: 8-C
Mtg. Date: 5/24/99
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CRAIG R. NEALIS, CITY MANAGER
CONSIDERATION OF INTRODUCTION OF ORDINANCE NO. 276:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A DAYTIME CURFEW FOR MINORS AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE.
DATE: MAY 24, 1999
BACKGROUND
At the May 6, 1999 meeting of the Peninsula Regional Law Enforcement Committee, a
request was presented by the Sheriff's Department, which was supported by the Palos
Verdes Peninsula School District, that each City Council on the .Peninsula consider
adopting an Ordinance that establishes daytime curfews for minors in an effort to
reduce truancy.
The attached Ordinance has been prepared by the City Attorney. Ordinance No. 276
provides authority for the Sheriff's Department to enforce truancy, as defined, in the
City of Rolling Hills, during the daytime hours of 8:30 a.m. to 1:30 p.m. Ordinance No.
276 will amend the Rolling Hills Municipal Code and establish that it is a misdemeanor
for any minor, as defined, to be in any public or private street, road, drive, alley or trail,
any public or community park recreation area, any public ground, place or building, or
any vacant lot or abandoned vacant building between the hours of 8:30 a.m. and 1:30
p.m. on school days.
There are several exceptions included in the Ordinance. These exemptions include
when a minor is accompanied by a custodial person (adult), going to or from school
activities supervised by school personnel, medical appointment, etc. There are also
provisions in the Ordinance that prohibit a parent to allow a minor to violate this
proposed law.
Enforcement will include a Deputy Sheriff asking the age of the apparent offender and
the reasons for being off of school property. The Deputy shall not make an arrest or
issue a citation unless they reasonably believe that an offense has occurred and that
none of the exceptions apply.
Printed on Recycled Paper.
A similar Ordinance is currently being considered by the City of Rolling Hills Estates
and has been adopted by the City of Rancho Palos Verdes and Rolling Hills Estates.
, RECOMMENDATION
It is recommended that member of the City Council consider introduction of Ordinance
No. 276.
CRN:mlk
truancy.sta
ORDINANCE NO. 276
AN 'ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A DAYTIME CURFEW FOR MINORS AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
SECTION 1. Purpose.
The purpose of this Ordinance is to establish a daytime curfew for minors to
reduce truancy, drop -out rates, juvenile crime and victimization of juveniles which occurs
during the school hours.
SECTION 2. Title 9 of the Rolling Hills Municipal Code is hereby amended by
adding thereto a new Chapter 9.34 to read as follows:
Chapter 9.34
DAYTIME CURFEW
Sections:
9.34.010
9.34.020
9.34.030
9.34.040
9.34.050
9.34.060
9.34.070
Definitions.
Daytime Curfew for Minors.
Exemptions.
Parental Responsibility.
Penalty for violation.
Enforcement Procedures.
Power of Law Enforcement Officers.
9.34.010 Definitions.
For the purposes of this Chapter, unless it is plainly evident from the context that
a different meaning is intended, the following definitions shall apply:
A. "Custodial person" means any parent or legal guardian of the minor, or
any person eighteen (18) years of age or older who is authorized by a parent or legal guardian
to take care and have custody of the child.
B. "Emergency" means an unforeseen combination of circumstances or the
resulting state that calls for immediate action. The term includes, but is not limited to, fire,
natural disaster, automobile accident, or any situation requiring immediate action to prevent
serious bodily injury or loss of life.
C. "Minor" means a person under the age of eighteen (18) years.
D. "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, parks and the
common areas of schools.
Ordinance No. 276 -1-
9.34.020 Daytime Curfew For Minors.
Unless the minor meets one or more of the exceptions set forth in Section 9.34.030
of this Chapter, it is a misdemeanor for any minor subject to compulsory education or
compulsory continuation education to be present between the hours of 8:30 a.m. and 1:30 p.m.
of the same day, on days when the minor's school is in session, in or upon any of the following
places: (i) any public or private street, road, drive, alley, or trail; (ii) any public or community
park or recreation area; (iii) any public ground, place, or building; or (iv) any vacant lot or
abandoned or vacant building.
9.34.030 Exemptions.
The curfew in Section 9.34.020 shall not apply if the minor is:
A. Accompanied by a custodial person;
B. On an errand directed by, and in possession of a written excuse from, a
custodial person;
C. Engaged in or going directly to or returning directly from a school -
approved activity or one that is supervised by school personnel, a medical appointment, a
religious activity, or any other lawful educational or recreational activity supervised by adults
and sponsored by the school, the city, a civic organization, or a similar entity that takes
responsibility for the child;
D. Engaged in a lawful employment activity or in a place in connection with
or as required by a business, trade, profession, or occupation in which the minor is lawfully
engaged, or going directly to or returning directly from such lawful employment activity;
E. Engaged in or going directly to or returning directly from any other
lawful activity with written permission from a custodial person;
F. Involved in an emergency or seeking medical assistance;
G. Exercising rights protected by the First Amendment of the United States
Constitution or Article 1 of the California Constitution when a minor has in his or her
possession written permission from a custodial person to engage in such activity;
H. In the right-of-way abutting the minor's residence, provided there are not
complaints regarding the minor's conduct;
I. in a motor vehicle involved in interstate travel; or
• J. Emancipated pursuant to State Law and California Family Code Section
7000, et. seq. by virtue of being, including but not limited to, married or in the military service.
K. In possession of a valid, school -issued, off campus permit giving
permission to leave campus;
L. Receiving instruction by a qualified tutor pursuant to Education Code
Section 48224;
Ordinance No. 276
M. Othe se exempt from attendance at a r _ilic or private full-time day
school as set forth in the Education Code;
N. On an excused absence from school due to any of the circumstances set
forth in Section 48205 of the California Education Code, or any other applicable state or federal
law.
9.34.040 Parental Responsibility.
Every custodial person who allows or permits a minor in his or her custody to
violate any provision of Section 9.34.020 is guilty of a misdemeanor.
9.34.050 Penalty for violation.
Any person who violates any of the provisions of Chapter 9.34 shall be guilty of a
misdemeanor which is punishable by the general penalty of Section 1.08.020(A) of the Rolling
Hills Municipal Code; provided, however, a court may order the following instead of a fine:
A. Community service: (i) for no more than 10 hours for the first violation;
(ii) for no less than 10 hours and no more than 20 hours for the second violation; and (iii) for
no less than 20 hours and no more than 50 hours for each additional violation of this Chapter
committed within one year after the second violation of the Chapter; or
B. Parenting classes.
9.34.060 Enforcement Procedures.
A deputy of the Los Angeles County Sheriffs Department shall ask the age of an
apparent offender and his or her reason for being on the premises or property during school
hours. The deputy shall not issue a citation or make an arrest unless, the deputy reasonable
believes that an offense has occurred and that none of the' exceptions set forth in Section
9.34.030 apply.
9.34.070 Power of Law Enforcement Officers.
Nothing in this Chapter shall be construed as limiting in any way the power or
right of law enforcement officers to make investigations, detentions or arrests as would have
been permitted has this Chapter not been enacted.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this ordinance or the application thereof to any person or place, is for any reason
held to be invalid or unconstitutional by the decision of any court or competent jurisdiction,
such decision shall not affect the validity of the remainder of this ordinance. The City Council
hereby declares that it would have adopted this ordinance, and each and every section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
PASSED, APPROVED and ADOPTED this day of ,1999.
Thomas F. Heinsheimer
Mayor
Ordinance No. 276
ATTEST:
Marilyn L. Kern
Deputy City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS)
) §§
I certify that the foregoing Ordinance No. 276 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A DAYTIME CURFEW FOR MINORS AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE
was approved and adopted at a regular meeting of the City Council on by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative 'Offices
Marilyn L. Kern
Deputy City Clerk
Ordinance No. 276
t�
MAY -11-1999 11:3B FROM
TO 13103777288#
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ORDINANCE
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A DAYTIME CURFEW FOR MINORS AND
ES MUNICIPAL
AMENDING THE ROLLING HILLS THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
ORDAIN AS FOLLOWS:
SECTION 1. Purpose.
this Ordinance is to establish a..daYtime
of out rates, juvenile.
The purpose drop- tile....
curfew for minors to reduce truancy,
crime and victimization of juveniles -which occurs during
school hours.
ON 2. Title 9 of the Rolling Hills9M34icto i read Code
SBCTI thereto a new Chap
as
is hereby amended by adding
follows:
"Ch�pter 9.34
D MME CURFEW
Sections:
9.34.010 Definitions.
9.34.020 Daytime Curfew for Minors.
9.34.030 Exemptions.
9.34.040 Parental Responsibility.
9.34.050 Penalty for violation.
9.34.060 Enforcement Procedures.
9.34.070 power of Law Enforcement Officers.
9.34,010 Definitions. plainly
of this Chapter, unless it is p
For the purposes is intended,
evident from the. context tshall apply:
meaning
the following definitions
n" means any parent or legal
A. Custodial person"
eighteen (18) years of age
or any p guardians otof age
oruaodien who
the minor, a parent or legal
take
older who is authorofedheYchid.
care and have custody
"Emergency" means an unforeseen combination
of
B. state that natural
te
circumstances or the resulting fire,
d
action. The term includes, but is notsituationtrequiring
or any injury or loss of
immediate
automobilecion o reventnserious bodily
immediate action to p
life.
C. "Minor" means a person under the age of eighteen
(18) years.
990511R69a0-0001 mj a775 -m7
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to which the public
"Public place" means any place includes, but
D. of the public.has access and
isor a tsubimited to, group highways, parks and the common areas
is not limited streets, .
of schools. •
9.34.020 Daytime Curfew For Minors' the exceptions
Unless the minor meets one or more of ter, it is a
030 of this Chap education or
set forth r Section
subject to compulsory
mcisdemeanor forn nu tion education to be present between the hours
continua on days when the
ofompulsory m_ of the same day, the following
or' a.m. and 1:30 p• in on any of drive, alley, or
place`: school is in sesorop rstreet, road,
(i) any public °r private ark or recreation area;
places: public or community p or (iv) any vacant
trail; (ii) any public P round, place, or building;
any ublic g
(iii) P
lot or abandoned or vacant building
9.34.030 Exemptions. 1 if the
The curfew in Section 9.34.020 shall not apply
A. Accompanied by a custodial person;
and in possession of a
B. On an errand directerson;
written excuse from, a custodial P
going directly to or returning
C. Engaged in or school -approved activity or one that is
from a sc ointment, a
directly personnel, supervised by school P nel, a medical appointment,
lawful educational or
sous activity, or any adults and sponsored by that
religious supervised by
a civic organization, or a similar entity
he
recreational activity
school, the city,
takes responsibility for the child;
or in a
D. Engaged in a lawful employment activity orade,
fired by a business, engaged,
placerof ini n, orcoccu pawtioth or as requthe ired from lawfully
lawful
sion, occupation in whichdirectly minor is lsuchawfully
profession, to or returning
or going directly
employment activity;
directly to or returning
E. Engaged in or going with written permission
directly from any other lawful activity
from a custodial person;
F.
Involved in an emergency or seeking medical
assistance; the First Amendment
G. Exercising rights protected by
States Constitution or Arti e 1oftheCalifornia
of Constitution d when a minor has the Unit in his or her possession
Co
permission from a custodial person to engage in such activity;
minor is:
2
990511 R6980-0001 m3 a77S.m)
MAY -11-1999 11:38
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In the right-ot-way abutting the mine_ residence, provided there are no complaints regarding the mint's
conduct:
x_
1.
In a motor vehicle involved in interstate travel;
or w and Californiaursuaut. to State la including
J - Emancipated p by virt ��e of being, Code section 7000, a sew,
limited to, married or in the military service•
possession of a valid, school -issued, off -
permit giving permission to
L. Receiving instruction by a qualified tutor
Section
pursuant to Fducati�,n Code ublic or
at. a p
setM.
forth in the Education Code;
Otherwise exempt from attendance
private full-time day school as
or
Campus
due to any of
N. Section 48205 of the California
On an cXeus. _d absence from school f ederal law.
Vth atio circumstances b set forte in S1 cable state or
gr3ucatiC" rode, or any other ape
Responsibility.
9.34.040 Parental minor in
Every Ct,stodial person who allows or permits a
his or her custody
to violate any provision of Section 9.34.020
is guilty ot a misdemeanor_
9.34.050 Penalty for violation.
os any of ncc provisions of
person why violates which is punishable
Any p- e guilty of a misdemeanor Rolling
Chapter general
l penaall lty f CoCtl°' 1.08.020(A) of the R g
by the �tncral penalty
provided, howover, a court may order the
gills Municipal of�a fine:
following instead 10 hours
A. Community service_ (i) for no more than
violation; (ii) for no less than 10 hours fand
noo
d (iii)
for theL first each afo for
than 50 hours for each
ar after the
more than 20 hours for the second violation
viol than 1f hours haop eo more within one y:
violation of this Chapter committed
.second violation ot this Chapter; or
B. Parenting classes.
9.34.060 Enforcement Procedures. Department
deputy of the Los Angeles County Sheriff's taaton
A apparent offender and his or her
age of an aPp n property during school hours. The
shall ask one 5 premises or prop 5' unless the
for deputying on theo p
shall not issue a citation or make an arrest
- 3 -
770611 Q6itl0-0001 mj .7,•.mj
MAY -11-1999 11:39 Pi TO 131037'77288#
,A !
;., and triat
vex an offense has occur:
ut rcasvnP,b1Y believes thatk� in Section 9.12.(7-s0 apply..
don Y exceptions set. for
none of the
Enforcement O;=icarG.
Law En. limiting
9,�,a.070 Power of to maze
in this Chapter shall be coa rof£i�ere
Nothing pq right of law enforcement of iten
in inveany stigations; the poweror azreste a WO%.la have
ter not been enacted- s,,k,divisiom,
perm�ttea haciSthist Chapter or
sen
f any section, subsection, SRC IOlj� 3 • I or portion of this ordinan..e or Lhr.
•
clause, phrase, portion
or of to is for axle reason
applance, the decision a of any
held to be invalid
ortunconstitutional
decision the i not affect
hour to be invalid jurisdiction, r City
of this ordinance. The
of competent , tea this
the Couvalncil
hereof the des remainderof
would have adopted subdivision,
hereby declares that subsection.
Council every section, irrespective c�f•the
and each phrase, or portion thereof, sspeiti a osf.
ordinance,` any
one phrase.
sentence, �r more sections, subsections, be declared
fact that any u phrases, or portion!; thereof
sentences, clauses, Phzd__ ,
invalid of unconstitutional.
PASSED, A).'PROVED and ADOPTED this �r day
of
1999.
ATTEST:
City Clerk
- 4 -
990511 H.i950.0001 rod a170.t)
Mayor
P.05/05
i' � • -
TOTAL P.05
VALMONTE
ADMINISTRATION
CENTER
3801 Via La Selva
Palos Verdes Estates
California 90274-1119
(310) 378-9966
FAX (310) 378-0732
Ira J. Toibin, Ph.D.
Superintendent
of Schools
Board of Education
Barbara Lucky
President
Gabriella Holt
Vice President
Ellen Perkins
Clerk
Joan Davidson
Member
Gary S. Gertz
Member
Palos Verdes Peninsula
Unified School District
March 10, 1999
Mr. Craig Nealis, City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274-5171
Dear Craig:
As another part of the Palos Verdes Peninsula Unified. School District's effort
to provide a safe school environment for all students, the District is
requesting that the City of Rolling Hills adopt a truancy ordinance similar to
that of the County of Los Angeles (see attached). By doing so, police
officers will have the authority to question or detain any minor under the age
of 18 when it is suspected that the minor is absent from school and found in
a public place. We have also requested that the other three cities on the
Peninsula (Palos Verdes Estates, Rancho Palos Verdes, and Rolling. Hills
Estates) adopt a similar ordinance.
We appreciate the cooperation, generosity, and collaborative relationship the
District continues to experience working with the three cities (Rancho Palos
Verdes, Rolling Hills, and Rolling Hills Estates) in providing the funding of the
special assignment officers.
Sincerely,
Ira J. Toibin, Ph.D.
Superintendent of Schools
IJT/rm
Enclosure
f: commun ity: Truancy0rd RH3-1099
Chapter 13.57
DAYTIME RESTRICTIONS FOR MINORS
Sections:
13.57.010 Prohibited act.
13.57.020 Valid excuses.
13.57.030 Infraction -- Penalty.
13.57.040 Hearing requirement -- Parental obligation to attend.
13.57.050 Penalty may be set aside for first infraction.
13.57.060 Severability.
13.57.010 Prohibited act. A. It is unlawful for any minor under the age of 18
years, who is subject to compulsory education or to compulsory continuation education,
to be "absent from school and found in a public place," as defined in subsection B of
this section, unless the minor has one of the valid excuses specified in Section
13.57.020.
B. For purposes of this chapter, a minor is "absent from school and found in
a public place" if said minor is found idling, wandering, strolling, playing, oraimlessly
driving or riding about in or upon any public street, avenue, highway, road, curb area,
alley, park, playground, orother public ground, public place or public building, place of
amusement or eating place, vacant lot or unsupervised place, or any place open to the
public during the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when said
minor's school is in session. (Ord. 96-0009 § I (part), 1996.)
13.57.020 Valid excuses. The provisions of this chapter shall not apply when.
a minor has one of the following valid excuses:
A. The minor has in his or her possession a written excuse from the minor's
parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of
said minor, which excuse provides a reasonable explanation, as determined by the
court, for the minor's absence from school;
B. The minor is accompanied by his or her parent(s), legal guardian(s), or
other adult person(s) having the legal care or custody of the minor;
C. The minor is upon an emergency errand directed by said minor's
parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of
the minor;
D. The minor is going to or returning directly from a medical appointment;
E. The minor has permission to leave campus and said minor has in his or
her possession a valid, school -issued, off -campus permit;
F. The minor is going to or returning directly from a public meeting, or place
of public entertainment, such as a movie, play, sporting event, dance or school activity,
provided such meeting, event or activity is a school -approved activity for the minor or is
otherwise supervised by school personnel of said minor's school; or
G. The presence of the minor in said place or places is connected with or
required by a school -approved or school -related business, trade, profession or
occupation in which said minor is lawfully engaged. (Ord. 96-0009 § 1 (part), 1996.)
f: com munity: TruancyOrd R H 3-1099
Chapter 13.57
DAYTIME RESTRICTIONS FOR MINORS
Sections:
13.57.010
13.57.020
13.57.030
13.57.040
13.57.050
13.57.060
Prohibited act.
Valid excuses.
Infraction -- Penalty.
Hearing requirement -- Parental obligation to attend.
Penalty may be set aside for first infraction.
Severability.
13.57.010 Prohibited act. A. It is unlawful for any minor under the age of 18
years, who is subject to compulsory education or to compulsory continuation education,
to be "absent from school and found in a public place," as defined in subsection B of
this section, unless the minor has one of the valid excuses specified in Section
13.57.020.
B. For purposes of this chapter, a minor is "absent from school and found in
a public place" if said minor is found idling, wandering, strolling, playing, or aimlessly
driving or riding about in or upon any public street, avenue, highway, road, curb area,
alley, park, playground, or other public ground, public place or public building, place of
amusement or eating place, vacant lot or unsupervised place, or any place open to the
public during the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when said
minor's school is in session. (Ord. 96-0009 § I (part), 1996.)
13.57.020 Valid excuses. The provisions of this chapter shall not apply when
a minor has one of the following valid excuses:
A. The minor has in his or her possession a written excuse from the minor's
parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of
said minor, which excuse provides a reasonable explanation, as determined by the
court, for the minor's absence from school;
B. The minor is accompanied by his or her parent(s), legal guardian(s), or
other adult person(s) having the legal care or custody of the minor;
C. The minor is upon an emergency errand directed by said minor's
parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of
the minor;
D. The minor is going to or returning directly from a medical appointment;
E. The minor has permission to leave campus and said minor has in his or
her possession a valid, school -issued, off -campus permit;
F. The minor is going to or returning directly from a public meeting, or place
of public entertainment, such as a movie, play, sporting event, dance or school activity,
provided such meeting, event or activity is a school -approved activity for the minor or is
otherwise supervised by school personnel of said minor's school; or
G. The presence of the minor in said place or places is connected with or
required by a school -approved or school -related business, trade, profession or
occupation in which said minor is lawfully engaged. (Ord. 96-0009 § 1 (part), 1996.)
f: com m unity:TruancyOrdRH 3-1099