HomeMy WebLinkAboutMINUTES - 02142012 - SD.6RECOMMENDATION(S):
INTRODUCE Ordinance No. 2012-05 establishing a daytime curfew for minors and
modifying the existing nighttime curfew, WAIVE reading, and FIX February 28, 2012 for
adoption.
FISCAL IMPACT:
Adoption of the ordinance would have minimal fiscal impact, as the ordinance places no
additional obligation on local law enforcement but provides additional authority to officers
to combat chronic truancy and reduce the rate of juvenile crime and victimization associated
with truancy. The ordinance provides authority to levy monetary sanctions, which might
generate the nominal amount of revenue sufficient to fund the cost of administration and
collections.
BACKGROUND:
This matter was referred to the Board's Public Protection Committee (PPC) on April 12,
2011 at the request of the District Attorney, who suggested under Public Comment at the
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/14/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Gayle B. Uilkema, District II
Supervisor
Contact: JULIE ENEA (925)
335-1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: February 14, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: District Attorney, Sheriff, County Probation Officer, County Counsel, PPC Staff
SD. 6
To:Board of Supervisors
From:PUBLIC PROTECTION COMMITTEE
Date:February 14, 2012
Contra
Costa
County
Subject:ORDINANCE TO ENACT A DAYTIME CURFEW FOR MINORS IN THE INCORPORATED COUNTY
AREA
April 4 PPC meeting that the Committee consider enacting a daytime curfew ordinance to
reduce truancy.
There is a great need for students to stay in school and graduate. Failure of students to
remain in school and graduate has long-term criminal and financial consequences. Consider
that high school dropouts are 3 ½ times more likely to be arrested, over 8 times more likely
to be in jail. The community as a whole suffers when a minor student is not attending
school, as truancy often leads to vandalism, theft, and other criminal activity. About 68% of
state prison inmates across the county have not received a diploma. For each year’s worth of
high school dropouts, California suffers an estimated $46 billion in economic losses,
including $12 billion in crime costs alone. The graduation rate in Contra Costa County is
83.8%.
PPC received an in-depth report from the District Attorney on May 2, 2011 and decided to
pursue an ordinance for a daytime curfew for minors. Within two months of the May 2 PPC
meeting, the City of Concord enacted a daytime curfew ordinance, on which today’s
proposed ordinance is to a great extent modeled. Following are highlights of the proposed
“Curfew for Minors Ordinance of Contra Costa County”, prepared by County Counsel:
BACKGROUND: (CONT'D)
Defines daytime curfew hours as the period of the minor’s regular scheduled school
hours when school is in session, and nighttime curfew hours as the hours between 10
p.m. and 5:00 a.m. Sunday through Thursday and midnight and 5:00 a.m. on Saturday or
Sunday for minors (persons under the age of 18 with certain exceptions).
Generally provides (with some exceptions) that any minor who is supposed to be in
school and is found present in or about a public place during daytime curfew hours is
guilty of an infraction, that any minor found present in or about a public place during
nighttime curfew hours is guilty of an infraction, and any parent who knowingly permits
a minor to violate the curfew is also guilty of an infraction.
Provides that a business or other establishment that knowingly permits a minor to
violate the curfew is guilty of an infraction unless the operator asks the minor to leave
and reports the minor to the Sheriff if he/she refuses to leave.
Would permit officers to detain truants and, on first offense, issue a warning citation to
their parents, who would have to sign and return the notification with an explanation, if
there is one.
Upon subsequent violations within 12 months of the first violation, a person will be
fined up to $100 for the first subsequent offense, up to $200 for the second offense, and
up to $500 for any additional violations pursuant to Section 14-8.004(a) of the County
Ordinance Code. Parents and business operators who knowingly permit minors to
violate the curfew can also be cited and fined under the same schedule.
Reiterates officers' ability under State law to transport the truants back to school once
they are cited.
Provides a list of reasonable exceptions.
Adds language that observes First Amendment rights and clarifies and updates language
in the original nighttime ordinance; combines daytime and nighttime curfew into one
comprehensive and consistent enforcement scheme.
Staff has also considered the possibility of ordering educational classes as a sanction for a
curfew violation in lieu of or in addition to monetary sanctions. Such classes might be
provided under a pilot program currently under development and discussion by the
County’s Justice Partners that would target high-risk youth through on-school site
presentations at county middle schools.
Staff from the District Attorney’s Office presented the District Attorney’s
recommendations on November 7, 2011. In a follow-up report on December 5, the
District Attorney clarified some aspects of the ordinance. For example, the curfew
ordinance governing the area where a violation occurs prevails, regardless of where a
person lives. Adoption of a daytime curfew ordinance may encourage truants to
congregate in those areas of the county that do not have curfews. Alternately, failure to
adopt a curfew ordinance for the unincorporated area may make the unincorporated area
a magnet for truants.
The Sheriff supports the ordinance in concept but was concerned about setting up
unrealistic public expectations about the Sheriff's ability to enforce the ordinance. While
the Sheriff appreciates having another "tool in the toolbox", staffing shortages do not
support the beat coverage that will allow his office to respond to truancy complaints. The
District Attorney’s office clarified, in this regard, that the Education Code currently
authorizes law enforcement officers to return a child to school if he/she is truant. The
curfew ordinance would extend that authority by adding a criminal sanction, ranging
from a citation to graduating monetary fines. The ordinance places no additional
obligation on local law enforcement but provides additional authority to officers to
combat chronic truancy, and consequently, reduce the rate of juvenile crime and
victimization.
In response to the Sheriff's concerns, the PPC suggested that the schools might be willing
to coordinate with local law enforcement to lessen the burden on beat officers of
returning truants to school. It was also suggested that retired police or probation officers
might be willing to volunteer part time as school truancy officers. The District Attorney
has agreed to meet with the County Office of Education and school truancy officers to
facilitate a collaboration between the County and schools on curfew enforcement, and to
make a presentation to the Mayors' Conference to encourage adoption of curfews in all
cities.
CONSEQUENCE OF NEGATIVE ACTION:
CHILDREN'S IMPACT STATEMENT:
The recommended action supports the following outcomes by promoting school
attendance and reducing juvenile delinquency: (1) Children Ready for and Succeeding in
School; (2) Children and Youth Healthy and Preparing for Productive Adulthood; (4)
Families that are Safe, Stable and Nurturing; and (5) Communities that are Safe and
Provide a High Quality of Life for Children and Families.
ATTACHMENTS
Ordinance No. 2012-05 Daytime Curfew for Minors in the Unincorporated County Area
ORDINANCE NO. 2012-05
1
ORDINANCE NO. 2012-05
CURFEW FOR MINORS
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION I. SUMMARY. This ordinance amends Chapter 54-2 of the County Ordinance
Code to add a daytime curfew for minors to the existing nighttime curfew. This ordinance also
revises the Chapter title to “Curfew for Minors”.
SECTION II. Chapter 54-2 is amended to read:
Chapter 54-2
CURFEW FOR MINORS
54-2.002 Title. This chapter is known as the Curfew for Minors Ordinance of Contra Costa
County. (Ords. 2012-05 § 2, 75-44, prior code: 1577, 956, 181, 153, 69.)
54-2.004 Purpose.
(a) Contra Costa County has a compelling interest in reducing the rate of juvenile crime and
victimization. Minors are particularly vulnerable to violence and pressure to participate in
criminal activity due to their limited ability to make informed and mature decisions. Enactment
and enforcement of a daytime and nighttime juvenile curfew reduces the amount of crime by and
against juveniles in the County (especially violent crime committed by and perpetrated against
juveniles) and protects juveniles from harm.
(b) A daytime curfew furthers the County’s compelling interest in prohibiting daytime presence
in public places by those subject to compulsory education. State law requires all persons
between the ages of 6 and 18 to attend school. The community as a whole suffers when a minor
student is not attending school, as truancy often leads to vandalism, petty theft, daytime
burglaries, damage to public property, and other criminal activity.
(c) A daytime and nighttime curfew promotes the public health, safety, and general welfare
during late night and school hours.
(d) This chapter is intended to assist with the policing of public places during specified daytime
and nighttime hours in order to prevent crimes by and against minors during those hours. It is
not intended to interfere with or supersede the enforcement of state laws regulating education or
truancy or with any local school districts’ truancy programs. Rather, this chapter is intended to
provide the County with an additional tool to protect youth and prevent crime. (Ords. 2012-05 §
2, 75-44, prior code: 1577, 956, 181, 153, 69.)
ORDINANCE NO. 2012-05
2
54-2.006 Definitions.
For purposes of this chapter, the following words and phrases have the following meanings:
(a) “Daytime curfew hours” means the period of a minor’s regular scheduled school hours when
the minor’s school is in session.
(b) “Emergency” means an unforeseen combination of circumstances or the resulting state that
calls for immediate action. “Emergency” includes, but is not limited to, a fire, a natural disaster,
an automobile accident, or any situation requiring immediate action to prevent serious bodily
injury or loss of life.
(c) “Errand” means a trip to carry a message or perform a lawful task.
(d) “Establishment” means any privately-owned place of business operated for a profit to which
the public is invited.
(e) “Guardian” means any of the following:
(1) A person who, under court order, is the guardian of a minor.
(2) A public or private agency with whom a minor has been placed by a court.
(3) A person who is at least 18 years of age and is authorized by a minor’s parent or
guardian to have the care and custody of that minor.
(f) “Minor” means any person under 18 years of age. “Minor” does not include a person who is:
(1) On active duty with the armed forces of the United States;
(2) Validly married, whether or not the marriage has been dissolved; or
(3) Otherwise emancipated under state or federal law.
(g) “Nighttime curfew hours” means:
(1) On any Sunday, Monday, Tuesday, Wednesday, or Thursday, the hours between
10:00 p .m. of that d ay an d 5:00 a.m. of the following day.
(2) On any Saturday or Sunday, the hours between 12:01 a.m. and 5:00 a.m.
(h) “Operator” means any individual, company, firm, association, trust, partnership, corporation,
limited liability company or other entity, however organized, operating, managing, conducting or
carrying on any establishment, including, but not limited to its owners, employees, partners,
members, or officers.
(i) “Parent” means a person who is a natural parent, adoptive parent, legal parent, or step-parent
of a minor.
(j) “Public place” means any place to which the public has access, including, but not limited to,
streets, sidewalks, parks, recreational areas, public grounds, public buildings, movie theaters,
restaurants, shops, parking lots, and the common areas of the following: schools (except during
ORDINANCE NO. 2012-05
3
regular school hours), office buildings, transportation facilities, and apartments.
(k) “ Responsible Adult” means a person at least 18 years of age who is authorized by a minor’s
parent or guardian to have the care and custody of that minor. (Ords. 2012-05 § 2, 75-44, prior
code: 1577, 956, 181, 153, 69.)
54-2.008 Violation by Minor.
(a) Nighttime curfew restriction: A minor may not be present in, about, or upon any public place
during nighttime curfew hours.
(b) Daytime curfew restriction: A minor who is subject to compulsory education or to
compulsory continuing education may not be present in, about, or on any public place during
daytime curfew hours. (Ords. 2012-05 § 2, 75-44, prior code: 1577, 956, 181, 153, 69.)
54-2.010 Violation by Parent or Guardian.
A parent or guardian may not knowingly allow or permit a minor to violate any curfew restriction
of this chapter. (Ords. 2012-05 § 2, 75-44, prior code: 1577, 956, 181, 153, 69.)
54-2.012 Violation by Operator of an Establishment.
An operator of an establishment may not knowingly allow a minor to remain in, on or about the
establishment’s premises during nighttime curfew hours, except that it is not a violation of this
section if the operator promptly notifies the sheriff’s office that a minor is present at the
establishment during nighttime curfew hours and that the minor refused to leave after being
asked to leave the establishment. (Ords. 2012-05 § 2, 75-44, prior code: 1577, 956, 181, 153,
69.)
54-2.014 Exceptions.
(a) The daytime and nighttime curfew restrictions of this chapter do not apply if the minor is:
(1)Exercising his or her First Amendment rights protected by the United States or
California Constitutions, including the free exercise of religion, freedom of
speech, and the right of assembly; or going to or from these activities without any
detour or stop.
(2)Engaged in legal employment; or going to or from the place of employment
without any detour or stop. This exception also applies if the minor is in a public
place during curfew hours in the course of his or her employment, provided the
minor carries a written statement from the employer attesting to the place and
hours of employment.
(3)Accompanied by his or her parent, guardian, or responsible adult.
(4)On an errand directed by his or her parent or guardian, or by his or her spouse who
ORDINANCE NO. 2012-05
4
is 18 years of age or older.
(5)Attending an official school, religious or other cultural, educational or recreational
activity, event, or function which is supervised by adults and which is organized,
arranged or sponsored by the County, a religious or civic organization, or another
similar entity that is taking responsibility for the minor; or going to or from that
activity, event, or function without any detour or stop.
(6)Traveling interstate.
(7 )In v o l v ed in an emergency.
(8)Receiving medical treatment or care, seeking medical assistance; or going to or
from place of medical treatment or care without any detour or stop.
(9)Lawfully engaged in a business, trade, profession, work study, occupation or
employment-related activity; or going to or from that activity without any detour
or stop.
(10)Attending or going directly to or from an event, appointment, or activity that is
directly related to any medical condition of a parent, guardian or spouse who is 18
years of age or older.
(b) The nighttime curfew restrictions of this chapter also do not apply if the minor is:
(1) Coming directly home from a public meeting or a place of public entertainment,
such as a movie, play, concert, or sporting event.
(2)On the sidewalk or right-of-way abutting the minor’s residence or the residence of
the minor’s next-door neighbor, so long as any neighbor did not complain to the
sheriff’s department about that minor’s presence.
(c) The daytime curfew restrictions of this chapter also do not apply if the minor is:
(1)Authorized to be absent from his or her school pursuant to applicable school rules,
California Education Code Section 48205, or any applicable state or federal law.
(2)Receiving home or private school instruction pursuant to California Education
Code Section 48222.
(3)In possession of a valid, school issued, off-campus permit that authorizes the
minor to leave the school campus.
ORDINANCE NO. 2012-05
5
(4)Receiving instruction by a qualified tutor pursuant to Education Code Section
48224.
(5)Exempt or excluded from compulsory education or compulsory continuation
education, as set forth in the California Education Code.
(6)Not a resident of the County and in possession of a valid passport, visitor’s visa,
or other form of identification establishing that the minor is temporarily visiting
within the County. (Ords. 2012-05 § 2, 75-44, prior code: 1577, 956, 181, 153,
69.)
54-2.016. Enforcement.
(a) Before taking any enforcement action under this section, a sheriff’s deputy will ask the
apparent offender’s age and reason for being in the public place or on the premises of the
establishment during curfew hours. The deputy will not issue a warning or citation under this
section unless the deputy reasonably believes that an offense has occurred and that, based on any
responses and other circumstances, no exception under section 54-2.014 applies.
(b) Upon a first violation of any curfew restriction in this chapter, a written warning will be
issued to the person violating this chapter. A written warning will also be mailed to the minor’s
parents or legal guardian stating that the minor was in violation of curfew regulations and that a
subsequent violation of any curfew restriction in this chapter within 12 months after the first
violation will constitute an infraction. This notice will require the parents or legal guardian to
sign and return the notification and include space for the explanation of any circumstances
relevant to any applicable exception specified in section 54-2.014.
(c) Each subsequent violation of any curfew restriction in this chapter within 12 months after the
first violation is an infraction.
(d) This section shall not be construed to abridge the authority of a law enforcement officer to
assume temporary custody, during school hours, of any minor subject to compulsory full time
education or compulsory continuing education who is found away from his or her home and who
is absent from school without a valid excuse, and return the minor to the minor’s school of
registration, pursuant to California Education Code Sections 48264 and 48265.
(e) This section shall not be construed to limit the authority of the court to render any disposition
authorized by Welfare and Institutions Code Section 258, subdivision (a), or any other provision
of the Juvenile Court Law, Welfare and Institutions Code Section 200, et seq. (Ords. 2012-05 §
2, 75-44, prior code: 1577, 956, 181, 153, 69.)
SECTION III. Section 14-8.008 of the County Ordinance Code is amended to read:
14-8.008 Infraction arrest and citation.
(a) The following officers, or their designated subordinates, shall have and are hereby vested
ORDINANCE NO. 2012-05
6
with the authority to arrest any person who violates the following provisions of this code
and other codes as indicated, punishable as infractions:
(1) Director of Health Services: Division 413, Division 445, Chapters 414-4, 414-6,
416-14, 418-2, 418-6, 418-12, 420-2, 420-6, 450-6, and Labor Code Section
6404.5;
(2) Director of Building Inspection: Title 7;
(3) Director of Community Development: Title 8;
(4) Director of Public Works: Divisions 1002, 1010, 1014, 1106 and 1110;
(5) Sheriff: Division, 54, Chapter 54-2, and Divisions 410, 1110.
(b) The above-listed officers, or their designated subordinates, may issue citations for
infraction violations of the above-listed code provisions.
(c) The county administrator may by written order issue regulations to provide for
administration, procedures and policy direction for this section. (Ords. 2012-05 § 3,
2006-66 § 8, 2003-01 § 5, 2002-48 § 18, 2001-3 § 1, 98-31 § 1, 98-22 § 2, 96-21 § 2, 95-
36 § 1, 90-122 § 2, 86-80 § 2; Penal Code §§ 19.7, 836.5, and 853.6; Labor Code §
6404.5.)
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective thirty (30) days after
passage, and within fifteen (15) days after passage, this ordinance shall be published once with
the names of the supervisors voting for or against it in the Contra Costa Times, a newspaper
publis h e d in t h i s County.
PASSED on ________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:DAVID J. TWA ____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
RHS:
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