Juvenile Protection Curfew Ordinance - Draft October 2011

8/4/2019 Juvenile Protection Curfew Ordinance - Draft October 2011

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CITY OF O A K L A N D

O N E F R A N K O G A W A P L A Z A 2"^ F L O O R O A K L A N D , C A L I F O R N I A946 1 2Ignacio De La Fuente (510) 238-7005City Council Member, District 5 FAX:(510) 238-6129Larry ReidCity Council President

TO: Oakland City CouncilFROM: Councilmember De La Fuente and Council President Larry ReidDATE: 10/4/11SUPPLEMENTAL REPORT RE: JUVENILE PROTECTION CURFEWThis supplemental report provides additional information on current statistics related toyouth involved in crime as both suspects and/or victims of crime as well as informationto support the daytime curfew hours that were added to the ordinance at the September22" * Rules and Legislation committee meeting.The charts included with this supplemental, Attachments A, By C, D, represent thehomicides and shootings involving youth under the age of 18 as victims and suspectsfrom January 2010 to September 2011.Since the council last considered a youth protection curfew on February 10, 2010, twelveyoung people under the age of 18 have been killed in our City, including two infants.Attachment A, illustrates that the largest number of shootings and homicides involvingyouth, take place during the 10:00 PM to 11:00 PM hour. Attachment B shows shootingsand homicides involving youth by month of the year with a high of 59 incidents inSeptember 2010. Attachment C shows the locations where youth are involved in crimewith the numbers representing the number of incidents at a particular location.Attachment D shows the number of shootings and homicides involving youth by day ofthe week.The following charts provide stats regarding youth (under the age of 18) crime andvictimization from January 2008 to date. "Evening" refers to the hours between 10:00PM and 5:00 A M . "Morning" refers to the hours between 8:00 A M and 2:00 PM .

ORA/City CouncilOctober 4, 2011Item:


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Evening Crime where Subjects under 18

10 PM i l P M 12 A M 1 A M 2 A M 3 A M 4 A M

M Weapo n Law Violat ionsn Sex OffensesB RobberyB Offenses Against ChildrenM HomicideB Burglary (Break 8i Enter)S Assault

^CountwinddeWNumlxrA tU U t t B u t t l a r y( B f i h K E n t cr l O H t n i a i A f i l n x t Ch i l d r i n F t o b M r y S i O t r t n i-mm ,17 12 I 2 I 1 177

U PM 22 B 1 Ul \ 3 U Si l 2 A M S 22 ." ' 2 4 S3- U 13Sj lMI LO G 44 1 2 &i 2 A M 2 4 1 37 !s" 1 I 47: ) A M ' 1 9 15 3 ZB:4 A M ' I S 12 ItGrand Toud et ' n . 9 4 , m .

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Evening Crime where Victims under 18

Weapon Law Violations Sex Offensesm Robbery Offises Against Children Homicide Burglary (Breal* & Enter) Assault

10 PM U P M 12 AM 1 A M 2 A M 3 A M 4 A M

^Ccudtof Inddcnc NUI>,IHIAlut i l l B u n ! i r v ( B ra * l i a E n t ( l H o n tl d da O t f t r u * !A j i ^ r B tCh U d t a n H ob tM rv U t O H i i a t t W t K x m U w V M Sl o m G m H t T o n d

! 19PM SS 7 3 4 47 14 1 111j U P M 2S 2 4 7 33 9 S31 U A U IS 11 4 3S 69 130i 1AM 4 2 J 10 4i l A M s 4 6 7 3i 3 M 4 8 2 1 J 4 B 2S1


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Morning Crime where Victims under 18

a Sex of fens esB Robbery O t h e rHOf fense s Aga inst Ch i ld rena Homic ide Burg lary {Break & Enter)O Assau l t

Co u n t ot Inc ident Numtx i rA i t a i d l B u f t f j g y ( ^ a k a C n t e t ^ M o m l d d B O H c m i A t a i n i t Q i l l d r t n O t h er R o t o a r y 5 e x O t t e n g i f if ai >d To Ul i1

S A M 1 1 2 119AM ..i 9 ,1 i; eto A M '. % 8 15 e uH A M ' 'S'l ^ 9 G 19U P M / 9 15 ' 13 541 P M ' C S 6 i,::"J'! 1 4 ' 33 SS:Grand TMal ^ 3 _ J 3 9

Item:ORA/City CouncilOctober 4,2011


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Morning Crime where Subjects are under 18

Weapon Law Vioiations Sex Offenses Robbery Off^ses Against Childrena Homidde Burglary [Break S Enter) Assault

S A M 9 A M 10 A M 1 1 A M 12 PM 1P M

Count ol Iwidtni Number! Atuult Bu(itirv(flnrt ft EflOi) Homlciils O l f t n i t i A(i


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completion of High School. Only 41% of the students absent more than 10 days ofschool per semester graduate High School in four years. This can be seen in the What-Matters Most fo r staying on track and graduating in Chicago Public Schools,Consortium on Chicago School Research, University of Chicago, July 2007.

10-14 15-19 20-24 ^ 2 9 30-34 35-39 40+Days Absent pe r Semester

CoursB cut&tg mmtBd as partia! days

In a May 2011 Urban Strategies report the following graphs were presented. Figure 1presents the High School absenteeism rates while Figure 2 depicts the Elementaryabsenteeism rate in Oakland.

Olldind UnMrd Schocl DUnci - -r -.-.r-,P t c c * n u < a ) t k m c B t e v S c h o o l l l u d i n B a n n - D r f l i l A t e H t .f C f K U > Tr c * I n 1 0 0 9 - 2 0 1 0 ^ " 1 . , ' ' " 1 2 . " ' J ' - . "*FIGURE 1 FIGURE 2

Item:ORA/City Council

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Exemptions to Daytime CurfewAs with the evening curfew, exemptions apply to the daytime curfew. These exemptionsapply specifically to the daytime curfew:

1. Going to or coming from a medical appointment2. Permitted to leave campus for lunch or other school-related

activities and had in his or her possession a valid, school-issuedoff-campus permit

3. Not required by his or her school vacation, track, or curriculumschedule to be in school.

4. Exempt by lawfi-omcompulsory education or compulsorycontinued education

ConclusionA recent study titled ''The Impact ofJuvenile Curfew Laws'' last updated in June of 2010,states "The evidence suggests that curfews are effective at reducing both violent andproperty crimes committed by juveniles below the statutory curfew age." The studylooked at the effectiveness of curfew ordinances by comparing the arrest behavior ofvarious age groups within a city before and after curfew enactment. Thefindingsof thestudy show:

The estimated average reduction in violent crime due to curfew enactment in thethree years following enactment is 20% The average effect over the seven years starting with the year of enactment is 23%

The estimated average reduction in property crime arrests over the 3 yearsfollowing enactment is 9%, while the average effect over the entire 7 year sampleperiod is 12%

While no single proposal is going to be the answer to our crime problem, we ask that theCouncil consider new solutions including this proposed juvenile protection curfew.Respectfiilly submitted,

Council President Larry Reid Council President Pro TemporePrepared by Ray Leon IgUaciO D c L a Fu cute

Prepared by Claudia Burgos

Item:ORA/City CouncilOctober 4,2011-


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Approved as to Form and Legality

| - t lDOFF ICE OF THE ClT ^ ClE^ City AttorneyOAKU.NO OAKLAND CITY C O U N C I L201! SEP 29 PM 5 05ORDINANCE NO. C .M .S . DRAFTINTRODUCED B Y COUNCILMEMBER IGNACIO DE L A FUENTE & COUNCILPRESIDENT LARRY REID

AN OR DINANCE (1) ADDING ARTICLE II TO CHAPTER 9.12OF THE OAKLAND MUNICIPAL CODE (OMC) TO ESTABLISHA JUVENILE PROTECTION CURFEW PROGRAM AND (2)AMENDING OMC SECTION 1.28.020 TO CODIFY THEPENALTIES FOR VIOLATIONS OF THE CUR FEWORDINANCE , AND (3) REPEALING OAKLAND MUNICIPALCODE SECTIONS 9.12.020 AND 9.12.030 PROHIBITINGMINORS FROM LOITERING IN PUBLIC P LAC ESWHER EAS, the City Cou ncil has determined that there has been an increase injuvenile violence, juvenile gang activity, and crime by persons under the age of eighteen(18) years ("Minors") in the City of Oakland; andWHER EAS, Oak land Municipal Co de sections 9.12.020 and 9.12.030 whichintended to address loitering offens es committed by minors, were pas sed around 1947and since then have been outdated by new case law and shou ld therefore be repea led;andW H E R E A S , minors are particularly susceptible by their lack of maturity an dexperience to participate in unlawful and gang-retated activities and to become victims ofadult perpetrators of crime; andWHER EAS, a significant amount of serious crime (burglaries, robberies, assaults,etc.) is committed by and against minors during late night hours in the City of Oakland;andWHER EAS, there ha s been an increase in minors committing robberies andburglaries between the hours of 8:00 a.m. and 2:00 p.m.; andW H E R E A S , one in three O akland Unified students are truants meaning they havehad at least three unexcused abse nce s and one in seven Oak land Unified students arechronically absent, meaning they have m issed more than 10% of the schoo l year; andWHER EAS, between 2001 and 2010, 12 school age children in Oakland havebeen murdered during hours when they sho uld have been in scho ol; andW H E R E A S , burglaries and robberies committed by youth suspec ts under the a geof 18 is highest during the noon hour; and

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O f d i n a n c e : J L v e n i l e P r o l e c t i o n O r d i n a n c e P a g e |

W H E R E A S , we apo n law v iolat ions by youth under the a ge of 18 is h ighest du r ingthe noon hour; andW H E R E A S , the involvement of minors - as perpetrators and v ict ims - in of fenses

dea l ing with hum an traf f ick ing and prost i tut ion cont inue to inc rea se ; andW H E R E A S , a signi f icant amount of ser ious cr ime is a lso commit ted by adul tsdur ing the late n ight hours in the Ci ty of Oa klan d thereby co m pro m ising the pu bl ic 'ssafety and in part icular the safety of minors, andW H E R E A S , the Cal i forn ia Legis lature has found that a signi f icant number of injuryvehic le accidents involv ing minors occur between 9:00 p.m. and 5:00 a.m. and, for thesafety of minors an d others on the streets, ha s restric ted dr iv ing pr iv i leg es so that for the

first 12 mo nths of issua nce of a dr iver 's l icense , a minor may not t ransport pas se ng er sunder age 20, and may not dr ive between the hours of 11:00 p.m. and 5:00 a.m. withouta parent or other adult dr iver , as speci f ied in S ec t ion 12814.6 of the C al i forn ia Ve hic leC o d e ; and

W H E R E A S , reducing the number of minors in publ ic p laces in the Ci ty of Oaklandduring late night hours wil l reduce the instances in which minors are at r isk of committ ingser ious cr imes or beco me them selve s the v ict ims of ser ious c r im es, and redu ce theopportunity for minors to be involved in narcotics, prostitut ion and gang activity involvingother youth or adul ts; andW H E R E A S reducing the number of minors in publ ic p laces in the Ci ty of Oaklanddunng late n ight hours wi l l a l low the Oakland Pol ice Depar tment to dep loy i ts perso nnelto focu s on invest igat ing and prevent ing se r ious cr im es comm it ted by adul ts dur ing the

late night hours; andW H E R E A S , by addressing the presence of youth in publ ic p laces dur ing latenight /ear ly morning hours the Ci ty of Oakland seeks to provide for the protection ofminors f rom violence commit ted by minors and adul ts, to enforce parental control over

an d responsib i l ity for chi ldren, to protect the gen era l publ ic , to re du ce the incide nce ofjuveni le cr iminal act iv i t ies and the v ictimizat ion of juveni les, and to re duce the inc iden ceof night/early morning t ime juvenile injury motor veh ic le acc idents ; andW H E R E A S , the Ci ty Co un c i l f inds an d determines that pa ss ag e of a youth cur few

ordinance wil l protect the welfare of minors by:1. Re du cing the l ikelihood that minors wil l be vict ims of criminal acts duringthe curfew hours;2. Re du cing the l ikel ihood that minors wi l l become involved in commit t ingcr iminal acts; and3. Re du cing the l ikel ihood that mino rs wi ll be exp os ed to narco t ics t raf f ick ing

an d gang act iv i ty involv ing adul ts dur ing the curfew hours; and

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O r d i n a n c e . : J L i v e n i i e P f o t e c t i o n O r d i n a n c e P a g 8 |

4. Re du cing the l ikel ihood that minors will be involved in night time injurymotor vehic le col l is ions; and

5. Aiding parents and legal guardians in carrying out their responsibi l i ty toexerc ise reasonable supervis ion of minors entrusted to their care; and

W H E R E A S , O M C Chap ter 1.28 sets forth the classif ication of O M C violat ions a smisdemeanors or infractions;W H E R E A S , the Juvenile Protection Curfew Ordinance creates a new infractionoffense; now therefore,

THE COUNC IL O F THE CITY OF OAKLAND DOES ORDAIN A S F O L L O WS :S e c t i o n 1. Th at the City Co un cil f inds and de term ines the foreg oing rec itals to be trueand correct and hereby makes them a part of th is Ordinance.Section 2. Oakland Municipal Code Chapter 9.12, Article II is.added to read as follows:

Article II Juvenile Protection Curfew9.12.100 Definitions for Curfew ProvisionsFor purposes of th is Art ic le:A. "Cur few hours" means:1. 10 :00 p .m. on any Su nday, Mo nday, Tu es day , W ed ne sda y, orThursday until 5:00 a.m. of the fol lowing day; and

2. 11:30 p.m. on any Fr iday or Saturday until 5:00 a.m. thefol lowing day.3. 8:30 a.m. on any school day until 1:30 p.m. the same day

B. "Emergency" means an unforeseen combinat ion of c i rcumstancesor the result ing state that cal ls for immediate act ion. Th e terminc ludes, but is not l imited to, a f ire, natural disaster, an automobileaccident or any situation requir ing immediate action to preventser ious bodi ly injury or loss of life.C . "Establ ishment" means any pr ivately owned place of businessoperated for a profit to which the public is invited, including but notl imi ted to any place of am use me nt or enter ta inment.D. "Le gal Guard ian" me ans (1) a perso n who, u nder court order, is the

guardian of the person of a minor; or (2) a public or private agencywith whom a minor has been placed by the court .E. "Minor" means any person under eighteen (18) years of age.F. "Ope rator" me ans any indiv idual , f i rm, ass ocia t ion, partnership, o rcorporat ion operat ing, managing, or conduct ing any establ ishment.The term includes the members or partners of an associat ion orpartnership and the off icers of a corporation.

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O r d i n a n c e : J u y e n t i e P r o l e c t i o n O r d i n a n c s P a g e

G . "Pare nt" me ans a perso n who is a natural parent , adopt ive parent, orstep-parent of another person.H. "P ub l ic p lace" m ea ns any place to which the publ ic or a substant ia!group of the public has access and includes, but is not l imited to,parks , p laz as, p laygro unds , s idewa lks, a l leys, st reets, h ighw ays,

and the co mm on areas of schools , hosp i ta ls , apartment ho us es ,off ice buildings, transport faci l i t ies and shops.I. "R es po nsib le adult " me ans a person at least eighteen (18) years ofage , temporari ly authorized by a parent or legal guardian to have thecare and custody of a minor.J . "Ser ious bodi ly injury" means bodi ly injury that creates a substant ia lr isk of death or that cau ses death , ser ious permanent d is figurementor protracted los s or impairment of the function of any bod ilymember or organ.9.12.110 Curfew OffensesA . I t is unlawful for any minor to be present in any public place or onthe premises of any establ ishment within.the City of Oakland dur ingcurfew hours.B. I t is unlawful for any parent or legal guardian of a minor knowingly to^ permit, or by insuff icient co ntrol to al low the m inor to be pre se nt inany publ ic p lace or on the premises of any establ ishment within th eCity of Oakland dur ing curfew hours.C . It is unlawful for the operator o r any em ploye e of an establ ishm ent toknowingly al low a minor to remain upon the premises of theestabl ishment dur ing curfew hours.D. It is a defe nse to prosecut ion under Sub sec t ion 9.12 .110 .A,

9 .12 .110.B, or 9 .12 .110.C that the minor was:1. acc om pan ied by the minor 's parent or guardian, or by aresponsib le adult;2. on an errand at the direction of the minor's parent or legalguard ian, or the respons ib le adult , without any detour or stop;3. in a motor vehicle involved in interstate travel;4. en ga ge d in an emplo ym ent activity, or going to or returning hom efrom an employment act iv i ty , without any detour or stop;5. involved in an emergency;6. on the sidew alk abutt ing the min or's res iden ce;7. attending a n off icial sc ho ol, rel igiou s, or other re cre ation al

act iv i ty sup ervise d by adults and spon sore d by the C i ty ofOak land , a civic organization, or another similar entity that t akesresponsibi l i ty for the minor, or travell ing to or from, without anydetour or stop, an of f ic ia l scho ol , rel ig ious, or other recrea t ionalact iv i ty supervised by adul ts and sponsored by the Ci ty ofOak land , a c iv ic organizat ion, or a nother s imi lar entity that takesresponsibi l i ty for the minor;

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O r d i n a r i c e i J u v e n i i s P r o i e c t i o n O r d i n a n c e P a g e |

8. exercising First Amendm ent rights protected by the United StatesConstitution; or9. emancipated pursuant to law.E. It is a de fense to prosecution under Sub section 9.12.110.A,9.12.110.B, or 9.12.110.C, for a violation of the daytime curfewhours only, that the minor was:1. going to or coming from a medical appointment;2. permitted to leave campus for lunch or other school-relatedactivities and had in his or her possession a valid, scho ol-issu edoff-campus permit;3. not required by his or her school vacation, track, or curriculumschedule to be in schoo l; or4. exempt by law from compulsory education or compulsorycontinued education.F. It is a defense to prosecution under Subse ction 9.12.1 10.C . that theoperator or employee of an establishment promptly notified thepolice department that a minor was present on the premises of theestablishment during curfew hours and refused to leave. .G. Before taking any enforcement action under this Section, a policeofficer shall ask the apparent offender's age and reason for being inthe public place or on the p remises of the establishment duringcurfew hours. The officer shall not issue a citation or make an arrestunder this Se ction unless the officer has probable ca us e to believethat an offense has occurred and that, based on any respon ses andother circum stances, no defense under Subsection 9.12.110.D or9.12.110.E is present or applicable.

H. A person who violates a provision of this Article is guilty of aseparate offense for eac h day or part of a day during which theviolation is committed, continued, or permitted.

9.12.120 PenaltyA. Any person violating the provisions of this Article shall be guilty of aninfraction or a misdemeanor pursuant to the provisions of Section1.28.020 of this Code, which states that any violation beyond thethird conviction in one year may be charged as a misdeme anor, andwill be cited. Mino rs shall be dealt with in accordance with juvenilecourt law and procedure.

Section 3. SeverabilityThis Article shall be enforced to the full extent of the authority of the City ofOakland. The Subsections, paragraphs, sentences and words of this Sectionare deemed severable, so that, if any Section, Subsection, paragraph,sentence or word of this Section is found to be invalid or beyond the authorityof the City of Oakland, such finding shall not affect the applicability andenforcement of the remaining portions of this Section

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O r d i n a n c e ;__J u v 8 n i i e P r oj e c t i o n 0 r d i n a n c e ^ P a g e ]

Sect ion 4. Oak land Municipal Co de Chapter 1.28.020 is amended to add the followingsubsection to the list of infraction offenses:1.28.020.A.2.k. Chapter 9.12. - Juvenile Protection Curfew.

S ec t i on s . Oakland Municipal Code section 9.12.020 and 9.12.030 are repealed toremove the following;9.12.020 Minors in public places.Every person under tho ago of oightoon (18) years who loiters in orabout any public stroot or othor public placo or any placo open tothe public in the city, botwoon tho hour often p.m. and tho timo ofsunrioo of tho following day when not accompaniod by his or horparent, guardian or other adult person having tho logal caro,custody or control of such person, or spou so of such person o vertwenty one (21) years of ago, is guilty of a misdomoanor.9.12.030 Rosponsibf l i ty of parents, guardlans-and-otherpersons .Evory paront, guardian, or othor person having the logal caro,custody, or control of any person undor tho ago of oightoon (18)years who permits such person to violate tho provioionc of Section9.12.020, is guilty of a misdomeanor.

Sect ion 6. This Ordinance shall becom e effective immediately upo n final adoption if itreceives six or more affirmative votes on final adoption as provided by Section 216 of theCity Charter; otherwise it shall become effective upon the seventh day after finaladoption.Sec t ion 7. The City Administrator's Office through the Oa kland Po lice Departmentshall promulgate an Administrative Instruction or the appropriate policy and train policepersonnel regarding the appropriate implementation of this Ordinanc e.IN COUNCIL, OAKLAND, CALIFORNIA, . 2011PASSED BY THE FOLLOWING VOTE:AYES- BROOKS, BRUNNER, DE LA FUENTE, KAPLAN, KERNIGHAN, NADEL, SCHAAF, AN DPRESIDENT REIDNOES-ABSENT-ABSTENTION-

ATTEST: LATONDA SIMMONSCity Clerk and Clerk of the Councilof the City of Oakland, California

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O r d i n a n c e ; J u v e n i l e P r o t e c t i o n O r d i n a n c e P a g e |

AN ORDINANCE (1) ADDING CHAPTER 9.12 OF THE OAK LANDMUNICIPAL CODE TO ESTABLISH A YOUTH PROTECTIONCURFEW AND (2) REPEALING SECTIONS 9.12.020 AND 9.12.030(MINORS LOITERING IN PUBLIC PLACES)

N O T I C E A N D D I G E S T

This Ordinance adds Oakland Municipal Code Chapter 9.12 andestablishes a Youth Protection Curfew. The curfew prohibits personsunder 18 years of age from being in any public place or establishment inthe City of Oak land, between the hours of 10:00'p.m. on any Sunday,Monday, Tuesday, Wednesday, or Thursday until 5:00 a.m. of thefollowing day, and 11:30 p.m. on any Friday or Saturday until 5:00 a.m.the following day. And between the hours of 8:30 a.m and 1:30 p.m onschool days. It also prohibits parents or legal guardians from allowingminors under their control to violate this Ordinance. Additionally, itprohibits a business establishment from knowingly allowing minors toremain on its premises during curfew hours. Finally, this ordinancerepeals sections 9.12.020 and 9.12.030 of the Oakland M unicipal Code(minors loitering in public).

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Approved as to Form and Legality

City AttorneyOAKLAND CITY COUNCIL

ORDINANCE NO. C.M.S.I N T R O D U C E D BY C O U N C I L M E M B E R IGNACIO DE LA F U E N T E & C O U N C I L

P R E S I D E N T L A R R Y REIDAN ORDINANCE (1) ADDING ARTICLE II TO CHAPTER 9.12OF THE OAKLAND MUNICIPAL CODE (OMC) TO ESTABLISHA JUVENILE PROTECTION CURFEW PROGRAM AND (2)AMENDING OMC SECTION 1.28.020 TO CODIFY THEPENALTIES FOR VIOLATIONS OF THE CURFEWORDINANCE , AND (3) REPEALING OAKLAND MUNICIPALC O D E SECTIONS 9.12.020 AND 9.12.030 PROHIBITINGMINORS FROM LOITERING IN PUBLIC PLACES

W H E R E A S , the City Council has determined that there has been an increase injuveni le violence, juvenile gang activity, and crime by persons under the age of eighteen(18) years {"Minors") in the City of Oak land ; andW H E R E A S , Oakland Municipal C ode sections 9.12.020 and 9.12.030 v^hichintended to address loitering of fenses committed by minors, were passed around 1947and since then have been outdated by new case law and should therefore be repealed;andW H E R E A S , minors are particularly susceptible by their lack of maturity andexperience to participate in unlawful, and, gang-related activities and to become victims of fpeieted:,adult perpetrators of crime; andW H E R E A S , a significant amount of serious crime (burglaries, robberies, assau lts,i'^J9-.)J?.?9(PiT'J?ed by_a_nd_against minors during late night hours Jn the C[ty of Oakjand; . { Deleted: rap^

and'W H E R E A S , there has been an increase in minors committing robberies and

burglaries between the hours of 8:00 a.m. and 2:00 p.m.W H E R E A S , one in three Oakland Unified students are truants meaning they havehad at least three unexcused absences and one in seven Oakland Unified students arechronically absent, meaning thev have missed more than 10% of the schooi year; andW H E R E A S , between 2001 and 2010. 12 school age children in Oakland havebeen murdered during hours when thev should have been in schooi: an dW H E R E A S , burglaries and robberies committed by youth suspects under the ageof 18 is highest during the noon hour: and

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O r d i n a n c e : J i! ve n i i e P ro t e c i i o n 0 r d i n -r n c e ge 12W H E R E A S , weapon law violations by vouth under the age of 18 is highest duringthe noon hour: and

W H E R E A S , the involvement of minors - as perpetrators and victims - in offensesdeal ing with human trafficking and prostitution continue to increase ; andW H E R E A S , a significant amount of serious crime is also committed by adultsduring the late night hours in the City of Oakland thereby compromising the public'ssafety and in particular the safety of minors, andW H E R E A S , the California Legislature has found that a significant number of injuryvehicle accidents involving minors occur between 9:00 p.m. and 5:00 a.m. and, for thesafety of minors and others on the streets, has restricted driving privileges so that for the

first 12 months of issuance of a driver's license, a minor may not transport passengersunder age 20, and may not drive between the hours of 11:00 p.m. and 5:00 a.m. withouta parent or other adult driver, as specified in Section 12814.6 of the California VehicleC o d e ; andW H E R E A S , reducing the number of minors in public places in the City of Oaklandduring late night hours will reduce the instances in which minors are at risk of committing

serious crimes or become themselves the victims of serious crimes, and reduce theopportunity for minors to be involved In narcotics, prostitution and gang activity involvingother youth or adults; and

D e l e t e d : W H E R E A S , there hasbeen an increase in minorscommitting shootings and othercr imes during late night hours in tCity of Oaltland; andU

W H E R E A S reducing the number of minors in public places in the City of Oaklandduring late night hours will allow the Oakland Police Department to deploy its personnelto focus on investigating and preventing serious crimes committed by adults during thelate night hours; andW H E R E A S , by addressing the presence of youth in public places during latenight/early morning hours the City of Oakland seeks to provide for the protection ofminors from violence committed by minors and adults, to enforce parental control over

and responsibility for children, to protect the general public, to reduce the incidence ofjuvenile criminal activities and the victimization of juveni les, and to reduce the incidenceof night/early morning time juvenile injury motor vehicle accidents ; andW H E R E A S , the City Council finds and determines that passage of a youth curfewordinance will protect the welfare of minors by:

1. Reducing the likelihood that minors will be victims of criminal acts duringthe curfew hours;2. Reducing the likelihood that minors will become involved in committingcriminal acts; and

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3. Red ucing the l ikelihood that minors wil l be exposed to narcotics traff ickingan d gang activity involving adults during the curfew hours; and

4. Red ucing the l ikelihood that minors will be involved in night time injurymotor ve hicle col l is ions; and5. Aiding parents and legal guardians in carrying out their responsibi l i ty toexerc ise reasonable supervision of minors entrusted to their care; and

W H E R E A S , O M C Chapter 1.28 sets forth the classif ication of O M C violations asmisdemeanors or infractions;,W H E R E A S , the Juven ile Protection Curfew O rdinance prea tes a new infractionoffens e; j iow therefore,

J H E COUNCIL OF THE_ CITY OF OAKLAND DOES ORDAIN AS^^F^S e c t i o n 1. That the City Co un cil f inds and dete rmines the foreg oing recitals to be truean d correct and hereby makes them a part of this Ordinance.Section 2. Oakland Municipal Code Chapter 9.12, Article II is added to read as follows:

Article II Juvenile Protection Curfew

Dele ted: andDeleted: grants discretion to thprosecuting attorney to chargemisdemeanor violations as infran dDele ted: andDeleted: WHEREAS, OMC Cha1.28 should be amended to codifydiscretion granted to the prosecuattorney, now, tfiereforeDele ted: NOW, THEREFORE,

9.12.100 Definitions for Curfew ProvisionsFo r purposes of this Article:A. "Cur few hours" means :1. 10:00 p .m. on any Sund ay, Monday, Tue sday , We dne sday, orThursday unti l 5:00 a.m. of the fol lowing day; and

2. 11:30 p.m. on any Friday or Saturday unti l 5:00 a.m. thefol lowing day.3. 8:30 a.m^ on any sc hoo l day unti l 1:30 p.m^ the s am e day"Emergency" means an unforeseen combinat ion of c i rcumstancesor the result ing stale that calls for immed iate actio n. Th e termincludes, but is not l imited to, a f ire, natural disaster, an automobileaccident or any situation requiring immediate action to preventserious bodily injury or loss ofi i fe."Estab l ishment" mean s any pr ivately o wne d p lace of busines soperated for a profit to which the public is invited, including but notl imi ted to any p lace of amusem ent or enterta inme nt"Legal Gu ardian" me ans (1) a person who, under court order, is theguardian of the person of a minor; or (2) a public or private agencywith whom a minor has been placed by the court."Minor" mean s any person under eighteen (18) years of age."Operator" m eans any indiv idual , fi rm, asso cia t ion, partnersh ip , orcorporat ion operat ing, managing, or conduct ing any estab l ishment

B.

C.

D.

E.F.

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O r d i n a n c s : J i i v e n i i e ? r o i s c t i c i n O r i J i n 5 n c e

The term inclu des the mem ber s or partners of an associa tion orpartnership and the officers of a corporation.G. "Parent" means a person who is a natural parent, adoptive parent, orstep-parent of another perso n.H. "Pu blic plac e" means any place to which the public or a substantialgroup of the public has acces s and in clud es, but is not l imited to,parks, p laza s, p laygrou nds, sidew alks, a lleys, streets, h ighways,and the co mm on areas of sch ools , hospi ta ls, apartment ho use s,office buildings, transport faci l i t ies and shops.I. "Re spo nsib le adult" mea ns a pers on at least eightee n (18) years ofage, temporari ly authorized by a parent or legal guardian to have thecare and custody of a minor.J . "Seriou s bodi ly injury" means bodi ly injury that creates a su bstant ia lrisk of death or that ca us es death, ser ious permanent disf igurementor protracted loss or impairment of the function of any bodilymember or organ.9.12.110 Curfew OffensesA. i t is unlawful for any minor to be present in any public place or onthe prem ises of any estab l ishment within the City of Oakland duringcurfew hours.B. It is unlawful for any parent or legal guardian of a minor knowingly topermit, or by insufficient control to allow the minor to be present inan y publ ic p lace or on the prem ises of any estab l ishment within theCity of Oakland during curfew hours.C. It is unlawful for the operator or any employee of an establishment toknowingly al low a minor to remain upon the premises of theestab l ishment during curfew hours.D. It is a defe nse to prosecut ion under Su bsect ion 9.12.1 ID A,

9.12.1 lO .B , or 9 .12.110.C that the minor was:1. acco mpa nied by the m inor 's parent or guardian, or by aresponsib le adult;2. on an errand at the direction of the minor's parent or legalguardian, or the responsib le adul t without any detour or stop;3. in a motor vehicle involved in interstate travel;4. engaged in an employment activity, or going to or returning homefrom an employment activity, without any detour or stop;5. involved in an emergency;6. on the sidewalk abutting the minor's res ide nce ;7. attending an official sc ho ol, rel igious , or other recrea tionalactivity supervised by adults and sponsored by the City ofOak land , a civic organization, or another similar entity that takesresponsibi l i ty for the minor, or travell ing to or from, without an ydetou r or stop, an official sch oo l, rel igious, or other recrea tionalactivity supervised bv adults and sponsored by the Citv of

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0 r d i 11 3 n c e J ti e P r QI e G I i 0 n O r d i n a n c e 3 g e 15

E.

Oak land , a civic organization, or another similar entity that takesresponsibility for the minor;8. exe rcising First Am end me nt rights protected by the United St ale sConstitution; or9. ema ncipate d pursuant to law.It is a defense to prosecut ion under Subse ct ion 9.12.110.A,9.1 2.11 0.B, or 9.1 2.1 10. C, fo r^ violation of the daytime curfevtfhours only, that the minor was:1 going to or coming from a med ical appointment:2. permitted to leave campus for lunch or other school-relatedactivit ies a nd had in his or her poss es sio n a valid, sch oo l-iss ue doff-campus permit:3. not reguired bv his or her school vacation, track, or curriculumschedule to be in school; or4 . exempt bv law from compulsory educat ion or compulsorycont inued educat ionF.

G.

It is a defens e to prosecut ion under Subs ect ion 9.12.110 .C. that theoperator or employee of an establishment promptly notif ied thepolice department that a minor was present on the premises of theestablishment during curfew hours and refused to leave.Befo re taking any enforcemen t action under this S ect ion, a policeofficer shall ask the apparent offender's age and reason for being inthe public place or on the premises of the establishment duringcurfew hours. The officer shall not issue a citation or make an arrestunder this Section unless the officer .has probable cause to believe _that an offense has occurred and that, based on any responses andother c i rcumstances, no defense under Subsect ion 9.12.110.D or9.12.11 0.E is present or appl icab le.H. A person who violates a provision of this Article is guilty of aseparate offense for each day or part of a day during which theviolation is committed, continued, or permitted.

9.12.120 PenaltyA. An y pe rs on violating the provisions of this article^ shall be guilty ofan infraction or a misdemeanor pursuant to the provisions of Section

1.28.020 of this Code , which states that any violation beyond thethird convict ion in one year may be charged as a misdeme anor, andwill be cited. Mino rs shall be dealt with in accordance with juvenilecourt law and procedure,^

B. .S e c t i o n 3 . Seve ra b i l i t yThis Article shall be enforced to the full extent of the authority of the City ofOakland. The Su bsec t ions, paragraphs, sentences and words of th is Se ct ionare deemed severab le , so that i f any Sect ion, Subsect ion, paragraph,sentence or word of this Section is found to be invalid or beyond the authority

Deleted: the

{ De lete d: reasonably believes

[Deleted: minorDeleted: Subsection g.12.110.ADeleted: , and shall be dealt wiaccordance with juvenile court laand procedure.Deleted: \f a minor violates curfew two (2) times with within(6) month period the prosecutingagency will have the discretion televate the infraction to amisdemeanor.ljAny adult violating the proviof Subsection 9,12.110.8 o rC sbe guilty of a misdemeanor or ainfraction pursuant to the provisiof Section 1.28.020 of this Codewill be cited. KThe applicable fines for violationthis Chapter shall be imposed inaccordance with Chapter 1.28 oCode

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O r d i n a n c e : J u v e n i U P r o t e c i i o i ^ O r a i :i a- nc & P age 16

of the City of Oak lan d, suc h finding shall not affect the applicabil i ty andenforcement of the remaining portions of this Section

S e c t i o n 4. Oak land Mun icipal Co de Chapte r 1.28.020 is ame nded to add the fol lowingsubsection to the list of infraction offenses:

1.28.020.A.2.k. pha pter 9.1 2^ -Ju ve ni le Protection Curfew.S e c t i o n s . Oakland Municipal Code section 9.12.020 and 9,12,030 are repealed toremove the following:

[ Dele ted: Section 1 De leted : 110,A

9.12.020 Miners in pub l ic p taeeSrEvery person undor tho ago of oightoon (18) years who teitorc in ortho public in tho city, botwoon tho hour of ton p.m, and tho time ofparentrguafdian-oF-ether adul t -porson having the legal car e;custody or control of-such-porson , or spou se of such pers on overtwenty-Gne-(24^yt

n-gtmrdtans and-otKer-4he-

9.12.030-Resp r / -> * - fc ^

Evory parent, guo rdion . or other po rson having tho legal car e.custody, or control of ony porson under tho ago of oightoon (18)years who pormits such poroon to violate the provicions of Soction9.-12.020, is guilty of-a-miedomoanor.S e c t i o n 6. This Or dina nce shall bec om e effective immediately upon final adop tion if i treceives six or more affirmative vote s on final adoption as provide d by Se ctio n 216 of theCity Charter; otherwise it shall become effective upon the seventh day after f inaladopt ion.S e c t i o n 7. The Citv Admin istra tor 's Off ice through the Oak land Pol ice Departme ntshall promulgate an Administrative instruction or the appropriate policy and train pol icepersonnel regarding the appropria te jmplementat ion of th is O rdinance ^

IN COUNCIL, OAKLAND, CALIFORNIA,P A SSE D BY THE FOLLOWING V OT E :AYE S -

, 2011

BROOKS, BRUNNER, DE LA FUENTE, KAPLAN, KERNIGHAN, NADEL, SCHAAF, AN DPRESIDENT REID

[ Deleted: way for implementing[ Deleted:

NOES-

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O r d i n a n c e ; j si v n i I & P r o t e c t i o n 0 r ti l n a n c e P s a e 17

ABSENT-ABSTENTION-

ATTEST: LATONDA SIMMONSCity Clerk and Clerk of the Councilof the City of Oakland, California

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AN ORDINANCE (1) ADDING C HAP T ER 9.12 OF THE OAK L ANDMUNICIPAL C O D E TO ESTABLISH A YOUTH PROTECTIONC URF EW AND (2) REPEALING SECTIONS 9.12.020 AN D 9.12.030(MINORS LOITERING IN PUBLIC PLACES)

N O T I C E A N D D I G E S T

This Ordinance adds Oakland Municipa l Code Chapter 9.12 andestablishes a Youth Protection Curfew. The curfew prohibits personsunder 18 years of age from being in any public place or estab l ishment inthe City of Oakland, between the hours of 10:00 p.m. on any Sun da y ,M on da y , T uesda y , Wedn esda y , or Thursday until 5:00 a.m, of thefol lowing day, and 11:30 p.m. on any Friday or Saturday until 5:00 a.m.the fol lowing day. And between the hours of 8:30 a.m an d 1:30 p.m onschool days. It also prohibits parents or legal guardians from allowingminors under their control to violate this Ord inance , Additionally, itprohibits a business establishment from knowingly al lowing minors toremain on its prem ises during curfew hours. Finally, this ordinancerepeals sections 9.12.020 and 9.12.030 of the Oakland Municipa l Code(minors loitering in public).

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Documents

Juvenile Protection Curfew Ordinance - Draft October 2011