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Home My WebLink About0350.0941 I 1 ! ·1 l June 23, -1994 THR HONORABLE o::ITlI COUNCIL Palo Alto, California 18 9r4ina»q. R'p.ali»g onO R.pnaqting uh.pter P,24 of the PAlo Alto XUpiaipll Cod. Relating to Juy.nil. curt •• Regulation. Kamber. of the council: 'eport. in B~ Tlli:l repOrt re.commends that council adopt the ordinance 6Jtendlnq Ch~pter 9.24 of tho Palo Alto Kunicipal Code dealing with curfew violatio:>na for minors. Ao a result of inc:t-easod youth gang activity that has been Observed in Palo Alto, ftnd the associated proble.ms of minora gathering in the late ni9ht lind aarly Jlo:rning hours that place many of them at risk, staff h~s bean look1nq for additional tools to use in an etfort to reduce such ftctivity. Onn suoh tool is the enforcement of a curfew ordinance. 'I'he current ordinance prohibits minors from loitering in public places belw~en the hours of 10:00 p.lIl. and sunrise. Due to aome constitutionality concerns, the 8Kisting ordinance hilS been used only 8S probable cause to detain offenders. Based upon the 'Work done by the City Attorney, staff believes that the revised ordinanc9 could be used for increased enforce.mer.t efforts . • 0 Qkgr:£\ld Chapter 9.24 of the Palo Alto Municipal Code was adopted in 1953. It prohibits minol's from loitering in public areat) bat'W.een the hours of 10:00 p.m • .artd sunrise, unless they are ISCcoB\panied by parents. The e.xisting ordinance is similar to those adopted by other cities. Over the years there have been conBider~ble debate and discuBsion about the constitutionality of such regulations. Afi oft result, Palo Alto officers have only occasionally used it 4S probable cause to detain .and identify possible violators and have not used it for ~ny additional enforcement capacities. In recent months, there has been an increase in youth gang activity in Palo Alto as described in CMR:351:Sl4, 'Which is in this Council packet. The popularity of gang affiliation, together with probleJils associated with minora loitering and congregating during the late night and early morning hours, has resulted in more young people being at risk and the increased probability of criminal activity. As an example, over the last year, 64 minors were arrested and 32 were detained and identified fo~ of~enses ranging from attempted murder to being drunk in public between the hours of 11:00 p.m. and 6:00 a.m. This compares to a total of 78 tor the same time period a year ago. CKR:J50:94 L .. , ,.J , , '.1 I " , ., Or4inangl B9yisi§~ Statt believes that the attached ordinance would be beneticial in providinq police officera with another tool to bo used to reduce qanq activity, 4S well a8 tho number of criminal and potentially dangerous tricidonts involving young people, The revised ordinance allows for a number of situations in which' a minor 'would lawfully be per.itt6d to be in public durinq the hours of 10:00 p.m. and 6:00 a ••• on week nlqhts, and 12:00 to 6:00 A.m. on weekends. Due to these exceptions,' staff believes that the riqhts of lAw-abiding minors will be protected and Dny possible court challenges would be ;aaier to defend. Under the proposed ordinancQr police officers would detain thOBB minora who., they have probable cause tCl believe are in violation of the curfew and determin6 their age and their reason for being in a public place. Based upon the information obtained, minors found to be in violation of the ordinance 'Would be arrested, is:sued a citation and released to the CUGtody of their parent or 9uardian. This aspeet is a critic.z!o.l factor in ensuring parental responsibility for the actions and behavior of their children. Additionally, the ordinance would be uaed to discourage and pre-vent the qatherings of juveniles that often lead to criminal activities and potential violent confrontations. It is interesting to note that aqenciea aGr08S the country are developing youth curfew programs. Some prograltlB, dopendinq upon their size and the amount of ~ctivity~ are quita extensive. As an example, San Jose is in the process of implementing a 'touth Protection CUrfew program. Additionally, there is currently leqislation p~ndln9 in Sacra~ento that would reiterate and clarify cities' ability to implement and enforce juvenile. curfew ordinances. Assembly 8ill 3797 would authorize lo~l law enforcement personnol to detain end deliver any minor to his/her home if a curfew ordinance were in offset. Beqollllop.c!ati2D Statf recommends that Council adopt the accompanying repealing and reenacting Chapter 9.24 of the Palo Alto Code dealing with juvenile curfew violations. Reep~ctfUellr submitted, ~/ ,'fil kl--- llE JOHNSON Assistant PolicQ Chief j~~~~~~ City anaqer co District Attorney George Odile Disch-BhadKamkar steve Jarvis CMR:350:94 ····L Kennedy / ! ' ( ( ! {, '\ J " _or CHRIS DURKIN Police Chief ordinance Municipal -2- \ \ i'i'"}1~: ~c~~'~r i " ..1 i I