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ORD 282ORDINANCE NO. 282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 11.56 OF TITLE 11 OF THE MUNICIPAL CODE RELATING TO THE REGULATION OF CURFEW AND TRUANCY WHEREAS, the existing curfew ordinance only defines curfew, no provision in the ordinance allows for the enforcement of the ordinance or the imposition of any penalties for violations. In addition, the existing ordinance has no provisions which allow for the curfew of school age children who are truant in our community during school hours; and, WHEREAS, it is important that our youth attend school on a daily basis. It is only through a quality education that opportunities for success will materialize in their future. Also, it is a common belief amongst educators that there is a direct link between attendance and achievement in the classroom; and, WHEREAS, our schools receive state funding on the basis of how many students attend class each day. When a student is absent, our local schools suffer financially; and, WHEREAS, although State Education Code Section 48264 empowers a peace officer to arrest minors for truancy, it is more effective to address truancy problems with a specific city ordinance. Such an ordinance mandates additional judicial responsibilities to both the juvenile and the parent; and, WHEREAS, the proposed amendment will prohibit any minor under the age of eighteen who is subject to compulsory education, from loitering in a public place during the days that school is in session between the hours of 7:30 a.m. and 2:10 p.m., with exceptions provided which include those minors that are considered "emancipated" as defined by the Family Code Section 7002. NOW, THEREFORE, the City Council of the City of La Quinta, California, does hereby ordain as follows: SECTION 1. That Title 11, Chapter 11.56, is hereby adopted to read as delienated on the attached Exhibit "A". _ SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. Ordinance No. 282 Page 2 SECTION 3. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED AND ADOPTED this 2nd day of April, 1996, by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSTAIN: None ABSENT: None GLENDA L. HOLT, Mayor City of La Quinta, California ZST: RA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: �1 1 DAIAN HONEYWELL, City Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 282 which was introduced on the 19th day of March, 1996 and was adopted at a regular meeting held on the 2nd day of April, 1996 not being less than 5 days after date of introduction thereof. I further certify that the foregoing ordinance was posted in three (3) places within the City of La uinta as specified in a resolution of the City Council. AUNDRA L. J HOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, UNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify th t the foregoing rdinance was posted on May 2, 1996 pursuant to City Council Resolution. UNDRA L. OLA, City Clerk City of La Quinta, California EX IBIT "A" Ordinance No. 282 Page 3 Chapter 11.56 CURFEW Sections: Section 11.56.010 Children out at night --Restrictions. Section 11.56.020 Allowing child to be out at night. Section 11.56.030 Truancy. Section 11.56.040 Enforcement. Section 11.56.050 Penalties. Section 11.56.010 Children out at night --Restrictions. No person under eighteen years of age shall remain, loiter or wander on or about the public streets, sidewalks, alleys or public parks within this city between the hours of ten p.m. and six a.m. unless the minor child: A. Accompanied by Adult. Is accompanied by a parent, guardian or other adult person having the legal control or custody of the child; B. Authorized Errand. Is in performance of an errand or duty directed by the parent, guardian or other adult person having the legal control or custody of the child; or C. Employment. Is engaged in an employment which makes it necessary for the child to be on or about the public streets, sidewalks, alleys and public parks between said hours. Section 11.56.020 Allowing child to be out at night. No parent, guardian or other person having the legal care, custody or control of a child under the age of eighteen years shall allow the child to go or be upon or about any street, sidewalk or public park within the city during the period between the hours abovementioned, unaccompanied by a parent, guardian, or other adult person having the legal custody and control of the minor unless there exists a genuine necessity therefor. Section 11.56.030 Truancy. It is unlawful for any minor under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education pursuant to the Education Code to loiter, idle, wander, or be in or upon the public streets, sidewalks, alleys, public parks, shopping centers, malls or other places open to the public generally or any unsupervised place during the hours of seven -thirty a.m. and two -ten p.m. on days when school is in session. This section does not apply: Ordinance No. 282 Page 4 A. When the minor is accompanied by his or her parent, guardian or other adult person having legal control or custody of the child; or B. When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having legal control or custody of the child; or C. When the minor is going directly from or to their place of gainful employment or to or from a medical appointment; or D. To students who have permission to leave school campus for school related activity, illness, or authorized to leave school early and have in their possession a valid, school issued, off - campus permit; or E. When student body is excused for the minimum class schedule or scheduled day off, i.e., holiday, staff in-service day, summer vacation; or F. When the minor is an "emancipated minor" as that term is defined in Family Code Section 7002. Section 11.56.040 Enforcement. The City may elect to enforce compliance with this ordinance by taking action in the name of the City in a court of competent jurisdiction, through prosecution for violation of this ordinance, or through injunctive or other civil relief. Each violation of the provisions of this section shall constitute a separate offense. Section 11.56.050 Penalties. Those found in violation of the chapter will receive a citation requiring mandatory court appearance. Each time a juvenile is cited, the parent(s) or legal guardian will receive a formal notification letter outlining their responsibility to care for and supervise their child (Contributing to the Delinquency of a Minor-272 PC). The bail schedule for violations of this ordinance are as follows: First Offense: $50.00 or 10 hours of community service. Second Offense: $75.00 or 15 hours of community service. Third and subsequent offenses: $100.00 or 20 hours of community service. Ordinance No. 282 Page 5 (Community service is offered to those who demonstrate financial hardship and both the child and the parent participate in the service.)