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Sx <br />i! <br />A' City of San Leandro <br />Meeting Date: July 16, 2012 <br />00 11 . Staff Report <br />File Number: 12 -359 Agenda Section: CONSENT CALENDAR <br />Agenda Number: 8.E. <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: Staff Report for Consideration of an Ordinance Repealing and Reserving San <br />Leandro Municipal Code Sections 4 -1 -810 and 4 -1 -815 of Title 4, Chapter 4 -1, <br />and Amending Article 3 of Title 4, Chapter 4 -1 Related to Day Time and Night <br />Time Youth Curfews <br />RECOMMENDATIONS <br />Staff recommends that the City Council adopt the proposed Ordinance repealing and <br />reserving San Leandro Municipal Code sections 4 -1 -810 and 4 -1 -815 of Title 4, Chapter 4 -1, <br />and amending Article 3 of Title 4, Chapter 4 -1 of the San Leandro Municipal Code relating to <br />day time and night time youth curfews. <br />BACKGROUND AND SUMMARY <br />The City has had a youth curfew between the hours of 10:00 p.m. and 5:00 a.m. for <br />unemancipated minors since 1982. In 2007, the City enacted a day time youth curfew <br />between the hours of 8:00 a.m. and 3:00 p.m. for all minors subject to compulsory education <br />or compulsory continuation education. On February 4, 2010, the Fourth District Court of <br />Appeal held that a youth curfew ordinance passed and adopted by the City Council of San <br />Diego was partially invalid under the Equal Protection clauses of the U.S. and State <br />Constitutions for its failure to exempt from penalty certain forms of speech and association <br />that are protected under the First Amendment of the U.S. Constitution (In re A.G. (2010) 186 <br />Cal.App.4th 1454). Staff wants to ensure that the City continues to observe compliance with <br />all applicable state and federal laws that govern youth curfew ordinances. <br />The ordinance repeals the current curfew ordinance, and re- establishes a new ordinance in <br />the same title and chapter, with new definitions and defenses to violations, including those <br />defenses required by recent changes in the law when youths travel to and from First <br />Amendment protected activities. The ordinance also adds new violation provisions, changing <br />violations from misdemeanors to infractions punishable by a fine. In lieu of paying a first <br />City of San Leandro Page 1 Printed on 711012012 <br />