Title
Staff Report for Consideration of an Ordinance Repealing and Reserving San Leandro Municipal Code Sections 4-1-810 and 4-1-815 of Title 4, Chapter 4-1, and Amending Article 3 of Title 4, Chapter 4-1 Related to Day Time and Night Time Youth Curfews
Staffreport
RECOMMENDATIONS
Staff recommends that the City Council adopt the proposed Ordinance repealing and reserving San Leandro Municipal Code sections 4-1-810 and 4-1-815 of Title 4, Chapter 4-1, and amending Article 3 of Title 4, Chapter 4-1 of the San Leandro Municipal Code relating to day time and night time youth curfews.
BACKGROUND AND SUMMARY
The City has had a youth curfew between the hours of 10:00 p.m. and 5:00 a.m. for unemancipated minors since 1982. In 2007, the City enacted a day time youth curfew between the hours of 8:00 a.m. and 3:00 p.m. for all minors subject to compulsory education or compulsory continuation education. On February 4, 2010, the Fourth District Court of Appeal held that a youth curfew ordinance passed and adopted by the City Council of San Diego was partially invalid under the Equal Protection clauses of the U.S. and State Constitutions for its failure to exempt from penalty certain forms of speech and association that are protected under the First Amendment of the U.S. Constitution (In re A.G. (2010) 186 Cal.App.4th 1454). Staff wants to ensure that the City continues to observe compliance with all applicable state and federal laws that govern youth curfew ordinances.
The ordinance repeals the current curfew ordinance, and re-establishes a new ordinance in the same title and chapter, with new definitions and defenses to violations, including those defenses required by recent changes in the law when youths travel to and from First Amendment protected activities. The ordinance also adds new violation provisions, changing violations from misdemeanors to infractions punishable by a fine. In lieu of paying a first offense fine, first-time offenders may be assigned to...
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