HomeMy WebLinkAboutItem 4.07 Loitering Provisions
CITY CLERK
File # D[5][B][2]-~[.5]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 21,2006
SUBJECT:
Adoption of Ordinance Amending the Loitering Provi~ion~ of the
Dublin Municipal Code
Report Prepared by Elizabeth H. Silver, City Attorney,
by Tnga Lintvedt, City Attorney's Office
ATTACHMENTS:
Staff Report from February 7,2006 Council meeting, including draft
Ordinance amending Chapter 5.04 ofthe Dublin Municipal Code
RECOMMENDATIOV
Waive the reading and adopt Ordinance amending Chapter 504 of
the Dublin Municipal Code
I<'INANCIAL STATEMENT:
No llnancial impact at this time
DESCRIPTION: At its February 7, 2006 meeting, the City Council conducted a public
hearing, waived the reading and introduced an Ordinance which would amend the current City Ordinance
pertaining to loitering, which required reVlSlOn to ensure the City's Ordinance met current constitutional
standards.
Recommendation:
Stall' recommend~ the City Council waive the reading and adopt the Ordinance amending the loitering
provisions of Chapter 504 ofthe Dublin Municipal Code.
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 7,2006
SUBJECT:
ATTACHMENTS:
RECOMMENDATlON~
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
I
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 Rcccive 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 of the 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 Attachmenl1)
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 ordinancc constitutional, a handful off actors arc
con~idered: (I) 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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The proposed ordinance provides specificity regarding what is lawful ur unlawful with the list of ~\...O
permitted activities (sce Section 5.04.030). 1..- v u
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.
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Chapter 5.04
WITERING
Sections:
5.04.010
5.04.020
5.04.030
Prohibited.
ExceptiOllS.
Violation-Penalty.
5.04.010 Prohibited.
It is unlawful for any minor und~r the
age of ~ighEeen (18) years to loiter. idle.
wander. stroll or play in or upon th~ public
streets, highways, roads, alleys, p;u:b. pllly-
grounds, or other public grounds. public
places and public buildings, places of
amusement and eating places, vacant lnts or
any unsupervised place between the hours
of ten p,tI\.. (10:00 p.w.) and daylight inJme.-
diatcly following. (Qni. 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 llDd custody of
the minor. or when the minor is upon an
emmd directed by his or her panmt or
guardian or other adult person having the
care and cuslOdy of the minor, or whel1 the
minor in en route to 01: returning directly
home from a meeting. entertainment, recre-
ational activity. dance or on the way 10 or
from employment. (Ord. 12-83 f 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 pmrished by a fine not 10 exceed five
hundred dollars ($500) or by imprisonment
il) the county jail for a period not exceeding
129
- 7J~
5.04.010
thirty (30) 4ays, or both such fine and im-
prisonment. (Ord. 12.83 ~ 3)
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ORDINANCE NO.
~ 2006
t-\Ob19
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 ]OItenng proVlsions contained in Chapter 5.04, "Loitering," are amended to read as follows:
Section 5.04.010
"Pfolli\llt~d" "Purpose"
It i:; tmla",ful fer aB) minor '.Iflllof the ago of eighteen (I S) years Ie ]eiteF, idle, wonder, 5trell er pl&)' iB er
u['len the pooh" streets, hig;k..")B, ce"ds, ,,1l0)S, parJ(s, !llaygr8lmds, er olkerpullHo grelillds, p~lllie plaees
~Idillgs, places of llImlGement llfla eatiRg !llneeB, . aellllllet:i ef IIBY UJlollflefvIsed plaee
hetween t~e heHrs ofteR p.m. (1():lJf) p.m.) ana daylight immediatel)' fetlewiRg. The City finds that when
minors loiter in public places at night without adult supervision, they Illcrease 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
"E"eelltieRs" "Prohibited"
Tho ['ll'ovisiells ef SeetioR H14.lJl11 de Rei apply "'fleR the miRer is aaeoDlllllllied ey hie or her p....eRI!J,
gHlll'dillR or ollter adHlt P_OR ha-'~llg the eare and eHstedy ef U.e !fIlRe!, er wflea the minor is apon an
emnd eiHetea hy}:Me 81 BfM parent aT gl:lElfdian aT ether ru=ll:JIt fJerooR ha.-vlRg the eaff! &nd s1::lstee1y efthe
fl1iller, or wlIell the miller iR ell nmt:e 10 ene_iug ElifBetly flAme frem a meetillg, entertaiRmeHl,
reareatioRal aali'lity, Banae or elllke way to er Hem ell'lfllo)'ffiBRt. It IS unlawful for any minor under the
age of eighteen years to be in any public place witltin 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
"VielalieR Penall'Y" "Excelltions"
P.aeh . iolatiell Aftflis elIapter shall eellstimte a s"fIllHlle efreflse; and, persens .1elaliag this shalller shllll he
Beemed gIlilty Af a misaeme~ eooviehen, saallee JlWliskea hy a fine flOt te e"eeeEl five
hundf<l<i..OOllars-~).or by iI,ljXisenffient in the eo~' jsil for 0 Jleriea flet ",laeeaing lIIi1ty (39) aays, er
beth sHoa fine aml imt:'l'iSAlllf\ent. 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 III a molor vehicle or riding on public transportation;
D Engaged in a lawful volunteer or paid employment aClivity, or going to or retummg home
from a lawful volunteer or paid employment aotivity. without detour or stop;
E. Acting in response to an emergenoy;
F On the sidewalk abutting the minor's residence Or abutting the resid~'Ilce which is
A'ITACIIMENT~
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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;
R Waiting at a bus stop for transportation; or
1. Emancipated in accordance with the California Family Code or other applicable state law
Section 5,04,040
"Constitutional Ri!!bts"
Nothmg 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
T, 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 oflhis chapter may be enforced by CIvil action including an action for
injunctive relief. Tn any civil enforcement actIon, administrative or judicial, the city shall be
cntItled to recover its attorneys' tees and costs from a person who is determined by a court of
competent jurisdictIon to have violated this chapter
B. V ioJation of any provision of this chapter shall constitute an infraction punishable by a fine not to
excced 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 withm one year There shall be a separate infraction for each
day On which a violation occurs.
Section 2. Conformin!! Amendment..
Chapter 5.04 of the Dublin Municipal Code shall be re-numbered and/or re-lettered as necessary to
accommodate and/or reflect the foregomg amendments.
Section 3. Severabilitv.
The proviSIOn. 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,
lmconstitutionality, or inapplicability shall not affect or impair any of the 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 Postinl! of Ordinance.
This Ordinance shall take etrect and be in force thirty (30) days from and after the date ofits final adoption. The
City Clerk of the 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
2
ABSENT:
ABSTATN:
Mayor
ATTEST:
City Clerk
725681.1
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