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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 33



Meeting Date: April 24, 2007

Subject/Title: City of Brentwood Curfew Ordinance

Prepared by: Brian Strock, Police Lieutenant

Submitted by: Mark Evenson, Chief of Police


RECOMMENDATION

That the City Council receive and file this informational report.

Background

In 1999 the City of Brentwood’s former curfew regulations, (Chapter 9.68 of the Brentwood Municipal Code (BMC)) was repealed and replaced by our existing regulations due to federal court decisions pronouncing unconstitutional, provisions of local laws similar to that found in the former Chapter 9.68. At the time of the enactment of the revised Chapter, the City Council found that:

“A juvenile curfew discourages criminal activity by removing minors from the areas subject to unlawful activities during the night time hours and thus will further the public health and safety in the City of Brentwood.”

Current Law

Chapter 9.68 currently makes it a misdemeanor for any minor under the age of eighteen (18) to remain in any community place or establishment within the City of Brentwood without the consent of the owner, operator or occupant thereof between the hours of 10:00 p.m. and 5:00 a.m.; Sunday through Thursday, or between the hours of 12:00 midnight and 5:00 a.m. on Friday and Saturday. The law does provide exceptions to the general rule and they are:

1. The minor is accompanied by his or her parent(s), legal guardian or by his/her
spouse eighteen (18) years of age or older.

2. The minor’s parent(s) or legal guardian has given the permission to remain in a public
place or establishment during the curfew hours

3. The minor is involved in an emergency.

4. The minor is attending, going to or returning home without any detour or stop from an
official school activity, civic organization, educational, religious, or recreational
activity supervised by adults.

5. The minor is engaged in lawful employment activity or is going to or returning from a
lawful employment activity without any detour or stop.

6. The minor is in a motor vehicle involved in interstate travel.

7. The minor is exercising his/her First Amendment rights under the U.S. Constitution.

8. The minor is on the sidewalk adjacent to his/her residence or the residence of a next
door neighbor and the neighbor does not complain to the Police Department about the
minor’s presence.

Section 9.68.020 of the BMC provides a list of definitions applicable to our curfew ordinance.

Additionally, BMC section 9.68.030 makes it a misdemeanor for a parent or guardian knowingly to allow or permit such a minor to violate this curfew ordinance.

Enforcement

Enforcement of the curfew ordinance has increased over the last few months. In 2006, we made 33 arrests for curfew. In just a little over three months this year, we have made 22 arrests.

Violators are generally issued a Juvenile Affidavit (a juvenile arrest citation) and released to their parent, usually from the scene. They may be taken to the Police Department to wait for their parent depending on circumstances in which the police found the minor or if the parents can not be located right away.

Almost all those arrested are diverted in to our Diversion Program. If they complete the program then we do not proceed with prosecution. If they fail to complete the program, then the case is forwarded to the County Probation Department for review and disposition.

Fiscal Impact

There is no fiscal impact. This is an informational staff report only.

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov