HomeMy WebLinkAboutOrd 06-06 Loitering
ORDINANCE NO.6 - 06
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING CHAPTER 5.04 OF THE
DUBLIN MUNICIPAL CODE RELATING TO LOITERING
WHEREAS, the City finds that when minors loiter in public places at night without adult
supervision, they increase the risk of criminal activity, including drug and gang activity, thereby posing a
threat to both themselves and other members of the community; and
WHEREAS, the City seeks to protect the public health, safety, and welfare of its residents.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1.
The loitering provisions contained in Chapter 5.04, "Loitering," are amended to read as follows:
Section 5.04.010
"Purpose"
The City finds that when minors loiter in public places at night without adult supervision, they
increase the risk of criminal activity, including drug and gang activity, thereby posing a threat to
both themselves and other members of the community This regulation is therefore necessary to
protect the public health, safety, and welfare.
Section 5.03.020
"Prohibited"
It is unlawful for any minor under the age of eighteen years to be in any public place within the
city during the curfew hours often p.m. (10'00 p.m.) to daylight, except as provided under Section
504.030
Section 5.04.030
"Exceptions"
A minor under the age of eighteen years shall not violate Section 5 04 020 if, at the time the minor
was stopped by a police officer, the minor was:
A. Accompanied by the minor's parent, guardian or other adult person having the care and
custody of the minor;
B On an errand at the direction of the minor's parent or guardian, without detour or stop;
C Driving or riding in a motor vehicle or riding on public transportation;
D Engaged in a lawful volunteer or paid employment activity, or going to or returning home
from a lawful volunteer or paid employment activity, without detour or stop;
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E. Acting in response to an emergency;
F On the sidewalk abutting the minor's residence or abutting the residence which is
immediately adjacent to the minor's residence;
G. Attending or going to or returning home, without detour or stop, from a school, religious,
cultural, sports, amusement, entertainment, or recreation activity; or any organized rally,
demonstration, meeting or similar activity;
H. Waiting at a train or bus station for transportation; or
1. Emancipated in accordance with the California Family Code or other applicable state law
Section 5.04.040
"Constitutional Ri2hts"
Nothing in this chapter shall be interpreted to preclude minors from being in a public place for the
purpose of exercising the rights guaranteed by the First Amendment ofthe United States
Constitution and by Article I, Section 2, 3, and 4 of the California Constitution, including the free
exercise of religion, freedom of speech, the right of assembly, and the right of petition.
Section 5.04.050
"Violation - Penaltv"
A. Violation of any provision of this chapter may be enforced by civil action including an
action for injunctive relief. In any civil enforcement action, administrative or judicial, the
city shall be entitled to recover its attorneys' fees and costs from a person who is
determined by a court of competent jurisdiction to have violated this chapter
B Violation of any provision of this chapter shall constitute an infraction punishable by a fine
not to exceed one hundred dollars ($100) for the first violation, a fine not to exceed two
hundred dollars ($200) for the second violation within one year, and a fine not to exceed
five hundred dollars ($500) for each additional violation within one year There shall be a
separate infraction for each day on which a violation occurs.
Section 2. Conformin2 Amendments.
Chapter 5 04 of the Dublin Municipal Code shall be re-numbered and/or re-lettered as necessary to
accommodate and/or reflect the foregoing amendments.
Section 3. Severabilitv.
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof
is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality,
invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions,
clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons
or circumstances.
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Section 4. Effective Date and Postin2 of Ordinance.
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final
adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 39633 of the Government Code of
California.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Dublin on this 21 ,1
day of February, 2006, by the following votes:
AYES: Councilmembers Hildenbrand, McCormick and Oravetz, and Mayor Lockhart
NOES: None
ABSENT: Councilmember Zika
ABSTAIN: None
A~4:~~.
City Clerk
Ord #6.()6, adopted 2/21106
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