File #: 12-360    Version: Name: Amendments to Day Time and Night Time Curfew ordinance
Type: Ordinance Status: Passed
In control: City Council
Meeting Date: 7/16/2012 Final action: 9/4/2012
Enactment date: 9/4/2012 Enactment #: Ordinance 2012-012
Title: ADOPT: Ordinance No. 2012-012, an Ordinance Repealing and Reserving Sections 4-1-810 and 4-1-815 Of Title 4, Chapter 4-1 of the San Leandro Municipal Code and Amending Article 3 of Title 4, Chapter 4-1 of the San Leandro Municipal Code Relating to Youth Curfews (reestablishes new definitions and defenses to violations and adds new violation provisions)
Sponsors: Jayne Williams
Related files: 12-359
Title
ADOPT: Ordinance No. 2012-012, an Ordinance Repealing and Reserving Sections 4-1-810 and 4-1-815 Of Title 4, Chapter 4-1 of the San Leandro Municipal Code and Amending Article 3 of Title 4, Chapter 4-1 of the San Leandro Municipal Code Relating to Youth Curfews (reestablishes new definitions and defenses to violations and adds new violation provisions)

Body
WHEREAS, the City Council of the City of San Leandro (hereafter, the “City Council”) passed and adopted Ordinance No. 1982-021 on April 19, 1982, amending Section 4-1-815 of Title 4, Chapter 4-1 of the San Leandro Municipal Code to provide for a youth curfew between the hours of 10:00 p.m. and 5:00 a.m. for unemancipated minors (hereafter, the “Nighttime Curfew Ordinance”); and

WHEREAS, the City Council passed and adopted Ordinance No. 2007-017 on July 30, 2007, adding Section 4-1-810 of Title 4, Chapter 4-1 of the San Leandro Municipal Code to provide for a 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 (hereafter, the “Daytime Curfew Ordinance”); and

WHEREAS, on February 4, 2010, the Fourth District Court of Appeal for the State of California ruled that a youth curfew ordinance passed and adopted by the City Council of the City of San Diego was partially invalid under the equal protection clauses of the Constitution of the United States and the Constitution of the State of California for its failure to exempt from penalty certain forms of speech and association that are protected under the First Amendment of the Constitution of the United States (hereafter, the “Court Decision”); and

WHEREAS, rulings by the Fourth District Court of Appeal for the State of California apply with equal effect throughout the State of California; and

WHEREAS, notwithstanding the legal effects of the Court Decision, the passage and adoption of a youth curfew ordinance remains well within the legislative prerogative of t...

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