HomeMy WebLinkAboutItem 6.1 Loitering Provisions
CITY CLERK
File # D[9~~-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 7, 2006
SUBJECT:
ATTACHMENTS:
RECOMMENDATION~
FINANCIAL STATEMENT:
Adoption of Ordinance Amending the Loitering Provisions of the
Dublin Municipal Code
Report Prepared by: Elizabeth H Silver, City Attorney and
Inga Lintvedt, City Attorney's Office
1.
2.
Dublin Municipal Code Chapter 5.04
Draft Ordinance Amendment Chapter 5.04 of the Dublin
Municipal Code
1.
2.
3.
4.
5.
Open Public Hearing and Receive Staff Presentation;
Take Testimony from Public;
Question Staff and Public;
Close Public Hearing and Deliberate; and
Waive Reading and Introduce the Ordinance Amending
Chapter 5.04 ofthe Dublin Municipal Code, and continue the
matter to the February 21,2006, Council meeting.
No financial impact at this time.
DESCRIPTION: The Dublin Municipal Code Chapter 5.04 (see Attachment 1)
prohibits loitering under certain circumstances. The City Attorney's office has reviewed Chapter 5.04 and
recommends revisions to assure the City's ordinance meets current constitutional standards.
The standard for a loitering ordinance is the same as the standard for any legislation. While there are no
specific requirements which make an individual ordinance constitutional, a handful of factors are
considered: (1) the ordinance must provide notice by distinguishing between lawful and unlawful
conduct, thereby enabling ordinary people to understand which conduct is unlawful and prohibited,
otherwise the ordinance is overbroad; (2) the ordinance must require a criminal intent element if criminal
punishments are attached; (3) the ordinance cannot be so vague as to allow undue police discretion in its
enforcement; (4) The ordinance must not infringe upon a fundamental right (such as the right of free
movement) without being narrowly tailored to a compelling state interest.
COPY TO:
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ITEMNO.~
G:\CC -MTGS\2006 cc mtgs\2006-<jtrl \02-F eb\02-07 -06\as-loitering.doc
The proposed ordinance provides specificity regarding what is lawful or unlawful with the list of
permitted activities (see Section 5.04.030).
Violation of Chapter 5.04 would be punishable as a civil infraction rather than a misdemeanor, as in the
current ordinance.
The proposed ordinance limits police discretion by prohibiting minors from being in public during curfew
hours unless they are participating in a list of specifically permitted activities.
Finally, the proposed ordinance would keep minors out of public during curfew hours by providing a list
of specifically permitted activities which include all of the reasons minors could have for being out in
public at night.
RECOMMENDATION:
Staff recommends the City Council conduct the public hearing, waive the reading and introduce the
attached ordinance (Attachment 2) which amends the loitering provisions of the Dublin Municipal Code,
and continue the matter to the February 21,2006, Council meeting.
;)6bJ-.
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Chapter 5.04
LOITERING
Sections:
5.04.010
5.04.020
5.04.030
Prohibited.
Exceptions.
Violation-Penalty.
5.04.010 Prohibited.
It is unlawful for any minor under the
age of eighteen (18) years to loiter, idle,
wander, stroll or play in or upon the public
streets, highways, roads, alleys, parks, play-
grounds, or other public grounds, public
places and public buildings, places of
amusement and eating places, vacant lots or
any unsupervised place between the hours
of ten p.m. (10:00 p.m.) and daylight imme-
diately following. (Ord. 12-83 ~ 1)
~
5.04.020 Exceptions.
The provisions of Section 5.04.010 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 upon an
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 in en route to or returning directly
home from a meeting, entertainment, recre-
ational activity, dance or on the way to or
from employment. (Ord. 12-83 ~ 2)
,~
5.04.030 Violation-Penalty.
Each violation of this chapter shall con-
stitute a separate offense; and, persons vio-
lating this chapter shall be deemed guilty of
a misdemeanor, and upon conviction, shall
be punished by a fine not to exceed five
hundred dollars ($500) or by imprisonment
ill the county jail for a period not exceeding
129
\Db*
5.04.010
thirty (30) ijays, or both such fine and im-
prisonment. (Old. 12-83 ~ 3)
lo. \ 2-1-Q.Q 1
ATI'ACHllIENT---L-
ORDINANCE NO.
- 2006
d- 6b4
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 5.04 OF THE DUBLIN MUNICIPAL CODE RELATING TO LOITERING
WHEREAS, in enacting this Ordinance, the City seeks to protect the public health, safety, and welfare of
its residents.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1.
The loitering provisions contained in Chapter 5.04, "Loitering," are amended to read as follows:
Section 5.04.010
"Prohibited" "Purpose"
It is I:Ifllawful for any minor Uflder the age ef eighteen (1 &) years ts leiter, idle, wanGer, strell sr play in or
upon the public streets, higw,yays, reads, alleys, parks, playgr01:lflds, or other public grEl1:lflds, public places
and public buildings, places ef aml:lsemoot and eating places, vacant lots or any I:IfIsapervised place
between the hours often p.m. (10:00 p.m.) and daylight iIl'lfflediate1y follo'.ving. The City finds that when
minors loiter in public places at night without adult supervision, they increase the risk of criminal activity,
including drug and gang activity, thereby posing a threat to both themselves and other members of the
community. This regulation is therefore necessary to protect the public health, safety, and welfare.
Section 5.03.020
"Exeeptions" "Prohibited"
The pro'iisians of Section 5.01.010 de net ll:j'lply when the mif!sr is accampanieG by his or her paroots,
guardian Elf other adult person haviRg the care anG eustedy of the miRer, or whoo the mtRElr is upan an
errand directed by his ar her parent or guardian ar otRer adult person ha-'Rflg the eare and cl:lstedy afthe
minor, or whef! the mif!or if! eR raute to or returning Girectly home from. a m.eeting, entertaiflffief!t,
recreational acti'Rty, dance or on the way tEl ar frem employment. It is unlawful for any minor under the
age of eighteen years to be in any public place within the city during the curfew hours often p.m (10:00) to
daylight, except as provided under Section 5.04.030.
Section 5.04.030
"Violation Penalty" "Exceptions"
Each violation of this chll:j'lter shalleonstirote a separate affoose; and, persans vialating this chll:j'lter shall be
deemed guilty of a miseemeanElr, ll:Ild upon eOfivictiofl, GRall be pUflished by a fine not to ellceed fhe
hundred dollars ($500) or by impriseflmefl1 in the county jail fer a period not ~lceeding thirty (30) days, er
both Gl:lch fine and imprisonment. A minor under the age of eighteen years shall not violate Section
5.04.020 if, at the time the minor was stopped by a police officer, the minor was:
A. Accompanied by the minor's parent, guardian or other adult person having the care and
custody of the minor;
B. On an errand at the direction ofthe minor's parent or guardian, without detour or stop;
C. Driving or riding in a motor vehicle or riding on public transportation;
D. Engaged in a lawful volunteer or paid employment activity, or going to or returning home
from a lawful volunteer or paid employment activity, without detour or stop;
E. Acting in response to an emergency;
F. On the sidewalk abutting the minor's residence or abutting the residence which is
ATI'ACHMENT~
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immediately adjacent to the minor's residence;
G. Attending or going to or returning home, without detour or stop, from a school, religious,
cultural, sports, amusement, entertainment, or recreation activity; or any organized rally,
demonstration, meeting or similar activity;
H. Waiting at a bus stop for transportation; or
I. Emancipated in accordance with the California Family Code or other applicable state law.
Section 5.04.040
"Constitutional Rit!:hts"
Nothing in this chapter shall be interpreted to preclude minors from being in a public place for the purpose
of exercising the rights guaranteed by the First Amendment of the United States Constitution and by Article
I, Section 2,3, and 4 of the California Constitution, including the free exercise of religion, freedom of
speech, the right of assembly, and the right of petition.
Section 5.04.050
"Violation - Penalty"
A. Violation of any provision of this chapter may be enforced by civil action including an action for
injunctive relief. In any civil enforcement action, administrative or judicial, the city shall be
entitled to recover its attorneys' fees and costs from a person who is determined by a court of
competent jurisdiction to have violated this chapter.
B. Violation of any provision of this chapter shall constitute an infraction punishable by a fine not to
exceed one hundred dollars ($100) for the first violation, a fine not to exceed two hundred dollars
($200) for the second violation within one year, and a fine not to exceed five hundred dollars
($500) for each additional violation within one year. There shall be a separate infraction for each
day on which a violation occurs.
Section 2. Conformint!: Amendments.
Chapter 5.04 of the Dublin Municipal Code shall be re-numbered and/or re-lettered as necessary to
accommodate and/or reflect the foregoing amendments.
Section 3. Severabilitv.
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held
illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity,
unconstitutionality, or inapplicability shall not affect or impair any ofthe remaining provisions, clauses, sentences,
sections, words or parts thereof of the Ordinance or their applicability to other persons or circumstances.
Section 4. Effective Date and Postint!: of Ordinance.
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The
City Clerk ofthe City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City
of Dublin in accordance with Section 39633 of the Government Code ofCalifomia.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on
this 7th day of February 2006, by the following votes:
AYES:
NOES:
725681-1
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ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
725681-1
~on'-t
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