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HomeMy WebLinkAbout584 - OrdinancesORDINANCE NO. 584 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 9.30 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO LOITERING BY MINORS. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: Sections 9.30. OlOand 9.30.020of Chapter9.$Oof Title 9 of the Rancho Cucamonga Municipal Code hereby are amended to read, in words and figures, as follows: 9.30.0~0 - Loitering by minors after curfew prohibited. It is unlawful for any minor to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, public buildings or other places open to the public, places of amusement, eating establishments, or any vacant lots between the hours of 10:00 pm. and sunrise immediately following. This section shall not apply: a. When the minor is accompanied by his or her parent, legal guardian, or other person having the care or custody of the minor; or b. When the minor is engaged in or going directly to or returning directly from any lawful activity with the written permission of the minor's parent or legal guardian; or c. When the minor is traveling directly to or from his or her place of gainful employment or to or from a medical appointment and the minor can produce written evidence of same; or d. When, with the approval of the minor's parent, legal guardian or other adult person having the care or custody of the minor, such minor is traveling directly to or from a meeting, entertainment, recreational or school activity, or dance and the minor can produce written evidence of such approval; or e. During such time as the minor is exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution, including, but not limited to, free exercise of religion, freedom of speech and/or freedom of assembly, provided such minor has in his or her possession a form of written consent signed by the minor's parent or legal guardian. The form of consent must state the hours during which the minor is permitted to be away from home, the nature of the permitted activities involving the exercise of constitutional rights, and the specific location where the minor is permittea t:o be during such hours; or f. When the minor is emancipated pursuant to the laws of any state, provided the minor maintains written evidence of such emancipation in his or her possession during curfew hours; or Ordinance 584 Page 2 g. When the minor is in a motor vehicle involved in interstate or intrastate travel provided that in the event the minor is not accompanied by his or her parent or guardian, the minor possesses a parent's or guardian's written consent thereto; or h. When the minor is homeless. 9.30.020 - Daytime loitering by minors prohibited. It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education, to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, public buildings or other places open to the public, places of amusement, eating establishments, or any vacant lots during school hours and on school days applicable to such minor. This section shall not apply: a. When the minor is accompanied by his or her parent, legal guardian, or other adult person having the care or custody of the minor; or b. When the minor is on a medical emergency errand directed by his or her parent, legal guardian, or other adult person having care or custody of the minor and can produce written evidence of same; or c. When the minor is traveling directly to or from a medical appointment and can produce written evidence of same; or d. When the minor has in his or her possession written permission or a permit to leave the school campus, or is traveling to or from, or is otherwise engaged in an event or activity sponsored, sanctioned or arranged for by the minor's school and in which the minor is authorized to participate. SECTION 2. Civil Remedies Available. A violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or by preemptive legislation, such decision or legislation shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional, or be preempted. Ordinance 584 Page 3 SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law PASSED, APPROVED, AND ADOPTED this 19th day of November, 1997. Alexander, Biane, Gutierrez, Williams ATTEST: AYES: NOES: None ABSENT: Curatalo ABSTAINED: None William J. Alexander, Mayor Dbbra J. Adarr~;' CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 5th day of November, 1997, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 19th day of November, 1997. Executed this 20th day of November, 1997~ at Rancho Cucamonga, California.