O1881
f \atty\munI\laws\barry\curfew2d 97
City Council Meeting 7-22-97
Santa MOnica, CalIfornia
ORDINANCE NUMBER 1881
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 408370 RELATING
TO CURFEWS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS
SECTION 1 Santa MOnica MUnicipal Code Section 408370 IS amended to read
as follows
Section 4.08.370. Cutfew.
(a) Definitions. For purposes of this SectIon, the following words
or phrases shall have the following meanings
(1) "Curfew hours" means the penod from 1000 P m to
600 a m of the following day on Sunday through Thursday and from 11 00
pm to 6 00 a m of the following day on Fnday and Saturday
(2) !'Emergency" means an unforeseen combination of
Circumstances or the resulting state that calls for Immediate action The term
Includes, but IS not limited to, a fire, natural disaster, automobile accIdent or
1
any situation requIring Immediate action to prevent serious bodily Injury or
loss of life
(3) "Establ1shment" means any prlvately-owned place of
business operated for a profit to which the public IS Invited, except any place
of public entertainment such as a mOVie, play, sporting event, dance, or
school activity
(4) "Guardian" means (I) a person who, under court order,
IS the guardian of the person of a minor, or (II) a public or private agency
With whom a minor has been placed by the court
(5) "Minor" means any person under eighteen (18) years of
age
(6) "Parent" means a person who IS a natural parent,
adoptive parent, or step-parent of another person
(7) "Public place" means any place to which the public or
a substantial group of the public has access and Includes, but IS not lImited
to, streets, highways, and the common areas of schools, hospitals,
apartment houses, office bUildings, transport faCilities and shops
(8) "Responsible adult" means the person at least eighteen
(18) years of age, authOrized by a parent or guardian to have the care and
custody of a minor
(9) "Serious bodily InJury" means bodily InJury that creates
a substantial risk of death or that causes death, serious permanent
2
disfigurement or protracted loss or Impairment of the function of any bodily
member or organ
(b) It IS unlawful for any minor to be present In any public place or
on the premises of any establishment within the City of Santa MOnica dunng
curfew hours
(c) Exceptions No minor shall be In Violation of Section
408 370(b) If the minor IS
(1) accompanIed by his or her parent or parents, guardian
or responsible adult,
(2) on an errand at the direction of the minor's parent or
parents or guardian or responsible adult, Without any detour or stop,
(3) In a motor vehicle Involved In Interstate travel,
(4) engaged In an employment activity, or gOing to or
returning home from an employment activity, Without any detour or stop,
(5) Involved In an emergency,
(6) directly proceeding or directly returning home from a
publIC meeting or a place of public entertainment, such as a mOVie, play,
sporting event, dance, or school activity,
(7) attending an offiCial school, religiOUS, or other
recreational activity supervised by adults and sponsored by the City of Santa
MOnica, a CIVIC organIzation, or another Similar entity that takes responsIbility
for the minor, or gOIng to or retumlng home from, Without any detour or stop,
3
an official school, religious, or other recreatIonal activity supervised by
adults and sponsored by the City of Santa MOnica, a CIVIC organization, or
another similar entity that takes responsibility for the minor,
(8) exercIsing First Amendment rights protected by the
United States Constitution,
(9) emancipated pursuant to law
(d) Before taking any enforcement action under this Section, a
police officer shall ask the apparent offender's age and reason for being In
the public place or on the premises of the establIshment dUring curfew
hours
(e) Each Violation of this Section shall constitute a separate
offense
(f) Any minor Violating the provIsions of Section 4 08370 shall be
gUilty of a misdemeanor, and shall be dealt With In accordance With Juventle
court law and procedure
SECTION 2 Any provIsion of the Santa Monica MUnicipal Code or appendices
thereto Inconsistent With the proVIsions of thiS Ordinance, to the extent of such
inconsistencies and no further, IS hereby repealed or modified to that extent necessary to
effect the proVIsions of thiS Ordinance
4
SECTION 3 If any section, subsection, sentence, clause, or phrase of this
Ordinance IS for any reason held to be invalid or unconstitutional by a decIsion of any court
of competent JUriSdiction, such deCISIon shall not affect the valIdity of the remaining
portions of this Ordinance The City Council hereby declares that It would have passed
thIs Ordinance and 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 4 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 30
days from ItS adoption
APPROVED AS TO FORM
/1 c'l JI -
&W LU r~LU0L 'hi..(
MARSHA JO~ES MOUTRIE
City Attorney
5
,
1!~nn~
State of Cahforma )
County of Los Angeles) ss
CIty of Santa MOllIca )
I, Mana!vI Stewart, CIty Clerk of the CIty of Santa MOllIca, do hereby certIfy that the foregomg
Ordmance 1'0 1881 (CCS) had Its fIrst readmg on July 8. 1997, and had Its second readlllg on
July 22. 1997 and was passed by the followmg vote
Ayes
CouncIl members
Femstem. Gensel. Mayor Pro Tem Holbrook, Mayor
O'Connor, Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
Ebner. Greenberg
ATTEST
\..
~ ~ ~~t\A\:-
Mana M Stewart. CIty ~lerk