Ord 2012-012 - Laserfiche WebLink

Home

IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2012 -012 AN ORDINANCE REPEALING AND RESERVING SECTIONS 4 -1 -810 AND 4 -1 -815 OF TITLE 4, CHAPTER 4 -1 OF THE SAN LEANDRO MUNICIPAL CODE AND AMENDING ARTICLE 3 OF TITLE 4, CHAPTER 4 -1 OF THE SAN LEANDRO MUNICIPAL CODE RELATING TO YOUTH CURFEWS WHEREAS, the City Council of the City of San Leandro (hereafter, the "City Council ") passed and adopted Ordinance No. 1982 -021 on April 19, 1982, amending Section 4 -1 -815 of Title 4, Chapter 4 -1 of the San Leandro Municipal Code to provide for a youth curfew between the hours of 10:00 p.m. and 5:00 a.m. for unemancipated minors (hereafter, the "Nighttime Curfew Ordinance "); and WHEREAS, the City Council passed and adopted Ordinance No. 2007 -017 on July 30, 2007, adding Section 4 -1 -810 of Title 4, Chapter 4 -1 of the San Leandro Municipal Code to provide for a youth curfew between the hours of 8:00 a.m. and 3:00 p.m. for all minors subject to compulsory education or compulsory continuation education (hereafter, the "Daytime Curfew Ordinance "); and WHEREAS, on February 4, 2010, the Fourth District Court of Appeal for the State of California ruled that a youth curfew ordinance passed and adopted by the City Council of the City of San Diego was partially invalid under the equal protection clauses of the Constitution of the United States and the Constitution of the State of California for its failure to exempt from penalty certain forms of speech and association that are protected under the First Amendment of the Constitution of the United States (hereafter, the "Court Decision "); and WHEREAS, rulings by the Fourth District Court of Appeal for the State of California apply with equal effect throughout the State of California; and WHEREAS, notwithstanding the legal effects of the Court Decision, the passage and adoption of a youth curfew ordinance remains well within the legislative prerogative of the City 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. NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: