8E Consent 2012 0716 - Laserfiche WebLink

Home

File Number: 12 -360 Council as a lawful exercise of the police power of the City of San Leandro under the Constitution of the State of California; and WHEREAS, no court has ruled that the Nighttime Curfew Ordinance or the Daytime Curfew Ordinance are an unlawful exercise of a city's police power; and WHEREAS, the City Council shall ensure that the Nighttime Curfew Ordinance and Daytime Curfew Ordinance continue to observe compliance with all applicable state and federal laws that govern youth curfew ordinances, as established by the Court Decision. follows: NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as Section 1 . PURPOSE The recitals above are true and correct and incorporated herein by this reference. Section 2 . REPEAL OF CODE Section 4 -1 -810 and Section 4 -1 -815 of Chapter 4. 1, Title 4 of the San Leandro Municipal Code are hereby repealed. Section 3 . RESERVATION OF CODE Section 4 -1 -810 and Section 4 -1 -815 of Chapter 4.1, Title 4 of the San Leandro Municipal Code are hereby reserved. Section 4 . AMENDMENT OF CODE Article 3 of Chapter 4.1, Title 4 of the San Leandro Municipal Code is hereby amended as follows: ARTICLE 3. RISE ` ED' YOUTH CURFEWS 4 -1 -300 DEFINITIONS. As used in this Article, the following words and phrases shall mean: (a) "Emergency" shall mean any unforeseen combination of circumstances or the resulting state thereof that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, explosion, or any situation that requires immediate action to prevent loss of life or serious bodily injury, including but not limited to any bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. (b) "Establishment" shall mean any privately owned place of business operated for profit to which the public is invited, including but not limited to any place of amusement or entertainment. (c) "Guardian" shall mean: (1) a person who, under court order, is the guardian of a minor; or (2) a public or private agency with whom a minor has been placed by the court. (d) "Loiter" shall mean to delay an activity, errand or journey with aimless idle stops and purposeless distractions, to remain in place in an idle manner, or to hang around aimlessly or without real necessity. (e) "Minor" means any person under eighteen (18) years of age. (f) "Parent" shall mean a person who is a natural parent, adoptive parent or step - parent of a minor. (g) "Public place" shall mean any place or ground to which the public or a substantial group of the public has access and includes, but is not limited to, the common areas of City of San Leandro Page 2 Printed on 711012012