SR-6-E (74)
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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which repealed Santa Monica Municipal Code Section 4.08.370 and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
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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
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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
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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
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