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5124AS FOLLOWS: ORDINANCE NO. 5124 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 7.12 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW CHAPTER 7.12 OF TITLE 7 PERTAINING TO CURFEW FOR MINORS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN SECTION 1. That Chapter 7.12 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, repealed. .gprTTnN 7 _ That new Chapter 7.12 of Title 7 be, and the same is hereby, added to the Anaheim Municipal Code, to read as follows: "7.12 CURFEW FOR MINORS 7.12.010 PURPOSE AND INTENT The City Council declares its purpose and intent in enacting this chapter is as follows: .010 The ability to make reasoned judgments, resist peer pressure and understand the consequences of improper behavior increase with age, knowledge and experience, and these factors justify the application of a curfew to minors, but not adults. .020 Juvenile crime, especially nighttime crime, has increased over the years and jurisdictions enforcing a nocturnal juvenile curfew have experienced a reduction in crime and noncriminal mischief. .030 In recent years, minors have increasingly been victims of violent crime, and the adoption and enforcement of a curfew will help combat this trend. .040 Curfews reinforce parental authority and supervision. 7.12.020 DEFINITION For the purpose of this Chapter, any person under the age of eighteen (18) years shall be deemed a minor. 7.12.030 CURFEW HOURS .010 It shall be unlawful for any minor to loiter or idle in or upon the public streets, alleys, parks, playgrounds or other -1- a public places, vacant lots or other unsupervised places, between the hours of ten (10:00) p.m. and six (6:00) a.m. of the following day. .020 The curfew set forth in the preceding paragraph shall not apply to the following: .021 Any minor accompanied by a parent, legal guardian or a responsible adult to which custody of the minor has been given by the parent or legal guardian; or .022 To any minor performing any task at the direction of his or her legal guardian or to any minor responding to an emergency with or without parental consent; or .023 To any minor then acting within the course and scope of his or her employment; or .024 To any minor on the property of, or the sidewalk directly adjacent to, or the buildings immediately adjacent to the building in which he or she resides; or .025 To any minor attending organized associational activity, such as school meetings, classes or sporting events, religious meetings, dances, concerts, theatrical performances, or similar events or other constitutionally protected activity; or .026 To any minor engaged in reasonable and direct travel to and from those activities described in subparagraph .025 above. 7.12.040 ENFORCEMENT Every Police Officer is hereby authorized and empowered to demand from any person, whom the officer has reasonable cause to believe is in violation of Section 7.12.030 of this code, that such person give his or her name, address, proof of age, the name of parent, guardian or adult having care or custody of such person (if such person is a minor), and other information reasonably necessary to determine whether such violation exists." SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. -2- W SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 8th day of May , 1990. MA OR OF T 0 ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM LLS:dnl 3619L 041190 -3- a CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5124 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the lst day of May, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 8th day of May, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5124 on the 9th day of May, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of May, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5124 and was published once in the Anaheim Bulletin on the 18th day of May, 1990. CITY CLERK OF THE CITY OF ANAHEIM