Laserfiche WebLink
Sx <br />i! <br />A' City of San Leandro <br />Meeting Date: July 16, 2012 <br />00 11 . Ordinance <br />File Number: 12 -360 Agenda Section: CONSENT CALENDAR <br />Agenda Number: <br />TO: City Council <br />FROM: Chris Zapata <br />City Manager <br />BY: Jayne Williams <br />City Attorney <br />FINANCE REVIEW: Not Applicable <br />TITLE: PASS TO PRINT: An Ordinance Repealing and Reserving Sections 4 -1 -810 <br />and 4 -1 -815 Of Title 4, Chapter 4 -1 of the San Leandro Municipal Code and <br />Amending Article 3 of Title 4, Chapter 4 -1 of the San Leandro Municipal Code <br />Relating to Youth Curfews (reestablishes new definitions and defenses to <br />violations and adds new violation provisions) <br />WHEREAS, the City Council of the City of San Leandro (hereafter, the "City Council ") <br />passed and adopted Ordinance No. 1982 -021 on April 19, 1982, amending Section 4 -1 -815 of <br />Title 4, Chapter 4 -1 of the San Leandro Municipal Code to provide for a youth curfew between <br />the hours of 10:00 p.m. and 5:00 a.m. for unemancipated minors (hereafter, the "Nighttime <br />Curfew Ordinance "); and <br />WHEREAS, the City Council passed and adopted Ordinance No. 2007 -017 on July 30, <br />2007, adding Section 4 -1 -810 of Title 4, Chapter 4 -1 of the San Leandro Municipal Code to <br />provide for a youth curfew between the hours of 8:00 a.m. and 3:00 p.m. for all minors subject <br />to compulsory education or compulsory continuation education (hereafter, the "Daytime <br />Curfew Ordinance "); and <br />WHEREAS, on February 4, 2010, the Fourth District Court of Appeal for the State of <br />California ruled that a youth curfew ordinance passed and adopted by the City Council of the <br />City of San Diego was partially invalid under the equal protection clauses of the Constitution <br />of the United States and the Constitution of the State of California for its failure to exempt <br />from penalty certain forms of speech and association that are protected under the First <br />Amendment of the Constitution of the United States (hereafter, the "Court Decision "); and <br />WHEREAS, rulings by the Fourth District Court of Appeal for the State of California <br />apply with equal effect throughout the State of California; and <br />WHEREAS, notwithstanding the legal effects of the Court Decision, the passage and <br />adoption of a youth curfew ordinance remains well within the legislative prerogative of the City <br />City of San Leandro Page 1 Printed on 711012012 <br />