HomeMy WebLinkAbout556 - Ordinances ORDINANCE NO. 556
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA AMENDING TITLE 9 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER
9.30 AND PROHIBITING LOITERING BY MINORS.
THE CITY COUNCIL Of THE CiTY Of RANCHO CUCAMONGA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Title 9 of the Rancho Cucamonga Municipal Code hereby is
amended by the addition of a new Chapter 9.30 to read, in words
and figures, as follows:
"CHAPTER 9.30
"LOITERING BY MINORS PROHIBITED
"Sections: "9.30.010 - Loitering by minors after curfew prohibited.
"9.30.020 - Daytime loitering by minors prohibited.
"9.30.030- Responsibilities of parents, legal guardians and/or
custodians of minors.
"9.30.040 - Violation - Penalty.
"Section 9.30.010 Loiterinq by minors after curfew Drohibited. It is unlawful
for any minor to loiter, idle, wander or 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 p.m. 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 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 the minor can produce written evidence of same; or
"(c) When the minor is traveling 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) VVhen, 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 returning
directly home from a meeting, entertainment, recreational or school activity,
or dance and the minor can produce written evidence of such approval.
Ordinance No. 556
Page 2
"Section 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 loiter, idle, wander, or 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 9.30.030 Responsibilities of parents, legal guardians and/or
custodians of minors. It shall be unlawful for any parent, guardian or custodian
of a minor to knowingly permit or allow such minor to be in violation of any of the
provisions of Section 9.30.010 or 9.30.020 of this Chapter. In the event of any
conflict between this section and California Penal Code Section 272, or any
successor provision thereto, said Penal Code Section shall be deemed to govern.
"Section 9.30.040 Penalty for violation. It shall be unlawful for any person to
violate any provision, or fail to comply with any of the requirements, of this Chapter.
A first, second or third violation occurring within a one (1) year period shall be
punishable by (a) a fine not exceeding One Hundred Dollars ($100.00) for a first
violation; (b) a fine not exceeding Two Hundred Dollars ($200.00) for a second
violation; (c) a fine not exceeding Five Hundred Dollars ($500.00) for a third
violation.
"A fourth or subsequent violation of any provision of this Chapter by any person
within a one (1) year period shall be deemed to be a misdemeanor and upon
conviction thereof shall be punishable by a fine not exceeding One Thousand
Dollars ($1,000.00) or by imprisonment not exceeding six months, or by both such
fine and imprisonment. Each such person shall be deemed guilty of a separate
offense for each and every day or any portion thereof during which any violation of
any of the provisions of this Chapter is committed, continued or permitted by such
person and shall be deemed punishable therefore as provided in this Chapter."
Ordinance No. 556
Page 3
,.:! SECTION 2. Civil Remedies Avld,.able.
-. 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 preemptlye 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.
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 June, 1996.
AYES: Alexander, Curatalo, Gutierrez, Williams
NOES: None
ABSENT: Biane
William J. AIj~ander, Mayor
ATTEST:
De(ora/3. Adams, CMC, City Cler/k /'
Ordinance No. 556
Page 4
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, 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 June, 1996, and was finally passed at a regular meeting
of the City Council of the City of Rancho Cucamonga held on the 19th day of June, 1996.
Executed this 20th day of June, 1996, at Rancho Cucamonga, California.
~ r~ J. Adams, y
Deb CM(~, Cit / Clerk<