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DRAFT ORDINANCE REPEALING, RESERVING AND AMENDING THE <br />DAYTIME AND NIGHT TIME CURFEW ORDINANCE <br />IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE NO. 2012 - <br />AN ORDINANCE REPEALING AND RESERVING SECTIONS 4 -1 -810 AND 4 -1- <br />815 OF TITLE 4, CHAPTER 4 -1 OF THE SAN LEANDRO MUNICIPAL CODE <br />AND AMENDING ARTICLE 3 OF TITLE 4, CHAPTER 4 -1 OF THE SAN <br />LEANDRO MUNICIPAL CODE RELATING TO YOUTH CURFEWS <br />WHEREAS, the City Council of the City of San Leandro (hereafter, the <br />"City Council ") passed and adopted Ordinance No. 1982 -021 on April 19, 1982, <br />amending Section 4 -1 -815 of Title 4, Chapter 4 -1 of the San Leandro Municipal <br />Code to provide for a youth curfew between the hours of 10:00 p.m. and 5:00 <br />a.m. for unemancipated minors (hereafter, the "Nighttime Curfew Ordinance "); <br />and <br />WHEREAS, the City Council passed and adopted Ordinance No. 2007- <br />017 on July 30, 2007, adding Section 4 -1 -810 of Title 4, Chapter 4 -1 of the San <br />Leandro Municipal Code to provide for a youth curfew between the hours of 8:00 <br />a.m. and 3:00 p.m. for all minors subject to compulsory education or compulsory <br />continuation education (hereafter, the "Daytime Curfew Ordinance "); and <br />WHEREAS, on February 4, 2010, the Fourth District Court of Appeal for <br />the State of California ruled that a youth curfew ordinance passed and adopted <br />by the City Council of the City of San Diego was partially invalid under the equal <br />protection clauses of the Constitution of the United States and the Constitution of <br />the State of California for its failure to exempt from penalty certain forms of <br />speech and association that are protected under the First Amendment of the <br />Constitution of the United States (hereafter, the "Court Decision "); and <br />WHEREAS, rulings by the Fourth District Court of Appeal for the State of <br />California apply with equal effect throughout the State of California; and <br />WHEREAS, notwithstanding the legal effects of the Court Decision, the <br />passage and adoption of a youth curfew ordinance remains well within the <br />legislative prerogative of the City Council as a lawful exercise of the police power <br />of the City of San Leandro under the Constitution of the State of California; and <br />WHEREAS, no court has ruled that the Nighttime Curfew Ordinance or the <br />Daytime Curfew Ordinance are an unlawful exercise of a city's police power; and <br />WHEREAS, the City Council shall ensure that the Nighttime Curfew <br />Ordinance and Daytime Curfew Ordinance continue to observe compliance with <br />all applicable state and federal laws that govern youth curfew ordinances, as <br />established by the Court Decision. <br />1902466.1 <br />