Loading...
SR-6-E (74) . calif6E PD:J'I'B:HA Santa Monica, City Council Meeting 10-25-94 OCT 2 5 .. STAFF REPORT TO: Mayor and city council FROM: city staff SUBJECT: Recommendation to Dlrect the city Attorney to Draft Curfew Ordinance 4.08.370 as Permanent Legislatlon INTRQDlJCTIQli On August 3. 1993, the city Councl1 adopted an emergency ordinance which repealed Santa Monica Municipal Code Section 4.08.370 and enacted a juvenlle curfew provision. Sectlon seven of the ordinance stated that the ordinance would expire on December 31,. 1994. Given the approaching deadllne,. staff recommends that the Clty council direct the Clty Attorney to draft an ordinance that would extend the provisions of the current ordlnance indefinitely. BACKGROUND The juvenile curfew was enacted as a tool to help the police address complalnts generated by the presence of sizable numbers of juvenlles who congregate late at night and cause problems in areas such as the Promenade, pier and parks. Between September I, 1993 (when the curfew went into effect) and August 31, 1994, 121 juveni les were arrested between the hours of 10 p.m. and 7 a.m. That compared to 151 arrests during the same time period ln the previous year, a 20% drop in juvenile arrests. It is a slgnificant 1 ~~ ~ ! . decrease and an indication of fewer youth on the street during those hours. Pollce have lmplemented the ordinance ln a restrained and non- confrontational manner. When juvenlles are in violation of the curfew, they are advised by officers that they are in violation of the curfew, and if they comply, no further action lS taken. Officers follow a low-key approach whenever possible. For example, recently one officer working the 3rd street Promenade used his cellular phone to call the parents of one of two youths out after curfew hours. The parents immediately responded, picking up both youngsters. To date, no complaints have been registered through the Internal Affairs Division, the National Assoclation of the Advancement of Colored People or the Latino Resource organization. If officers deem a more formal contact is required, the contact is documented. Documented contacts include Field Interviews (F.I.s) and citations. From September 1, 1993 to August 31, 1994, 70 F.!. s were completed and 47 citations written. Youngsters were given citations to appear ln the Juvenlle section primarily because it appeared they needed interventlon or follow-up. Police Department staff assigned to the Juvenlle Sectlon then have the opportunity to observe the youth and make a determination to either petitlon hlm or her through the juvenlle ]Ustlce system, send the youngster to Juvenile Traffic Court (for minor offenses) or simply counsel and release the youth. Of the 47 cites, 41 were issued ln the downtown 2 . area, 30 of which were on the Santa Monica pier, an area where, in the past, the gathering of large numbers of youths has lead to violent confrontations. The curfew law has been an effective, proactive tool for police. It allows officers to dlsperse groups of juveniles before injuries or violence occurs. The Police Department, therefore, strongly recommends that the ordinance be made permanent. BUDGET/FISCAL IMPACT --- --- The recommendatlon contained in this report would have no budget or financial impact. RECOMMENDATION Staff requests that the city council direct the City Attorney's Office to draft an ordinance extending SMMC Section 4.08.370 indefinitely. Prepared by: James T. Butts, Jr. , Chief of Police 3