O1696
CA:JL:curfew.ord pc\js
City Council Meeting 8-3-93 Santa Monica, California
ORDINANCE NUMBER 1696 (CCS)
(City council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA REPEALING
MUNICIPAL CODE SECTION 4.08.370 AND
ENACTING A JUVENILE CURFEW PROVISION
The city Council of the City of Santa Monica does hereby
ordain as follows:
SECTION 1: Santa Monica Municipal Code Section 4.08.370 is
hereby repealed.
SECTION 2:
section 4. 08 . 370 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 4.08.370 Curfew
(a) No person under the age of 18 years shall
loiter, remain or aimlessly drive or ride
about upon public streets, or in pubic parks
or other public places between the hours of
10:00 p.m., and 6:00 a.m. of the following
day. Except that on any Friday and Saturday
night, no such person shall loiter, remain or
aimlessly drive or ride about upon public
streets, or in pubic parks or other public
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places between the hours of 11:00 p.m., and
6:00 a.m. of the following day.
(b) For the purpose of this ordinance, the
word "loiter" shall mean lingering about for
the purpose of committing a crime as the
opportunity may present itself.
(c) The provisions of this section shall not
apply in the following circumstances:
( 1) When the minor who is subj ect to
this section is accompanied by his or her
parent or parents, legal guardian or other
adult person having the legal care or custody
of the minor, or by his or her spouse who is
eighteen years of age or older;
(2) When the minor who is subj ect to
this section is upon an errand directed by his
or her parent or parents or legal guardian or
other adult person having the legal care or
custody of the minor, or by his or her spouse
eighteen years of age or older;
(3) When the minor who is subj ect to
this section is directly proceeding to or
directly returning home from a public meeting,
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or a place of public entertainment, such as a
movie, play, sporting event, dance or school
activity;
(4) When the minor who is subject to
this section is in a public place in
connection with or as required by a business,
trade, profession or occupation in which the
minor is lawfully engaged.
SECTION 3: Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
ordinance are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 4: If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court or any competent
jurisdiction, such decision hall not affect the validity of the
remaining portions of this Ordinance,. The City Council hereby
declares that it would have passed this Ordinance, an each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5: This ordinance is adopted pursuant to santa Monica
City Charter section 615 in that it is necessary to preserve and to
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protect the public health and welfare and to preserve the public
peace.
SECTION 6 :
The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective on September 1, 1993, pursuant to Santa Monica Municipal
Charter sections 615 and 119.
SECTION 7: This Ordinance shall expire and be of no further
force and effect as of December 31, 1994.
APPROVED AS TO FORM:
d:~
JOS H LAWRENCE .
Acting City Attorney
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Adopted and approved this 3rd day of August, 1993.
Lftay1; ~
I hereby certify that the foregoing Ordinance No. 1696(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 3rd day of August 1993; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 3rd day of August 1993 by the following Council vote:
Ayes: Councilmembers: Genser, Greenberg, Holbrook,
Olsen, Rosenstein
Noes: Councilmembers: Abdo, Vazquez
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
~~:e(M~
----- City Clerk I