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HomeMy WebLinkAboutTC Ord 1964-10-15 ORDINANCE NO ...;J ~( :r AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE AGE OF 18 YEARS IN PUBLIC STREETS AND OTHER PLACES BETWEEN THE HOURS OF 11:00 O'CLOCK P. M. AND DAYLIGHT OF THE FOLLOWING DAY, DEFINING DUTIES OF PARENTS AND OTHER PERSONS IN CARE OF MINORS IN RELATIONSHIP THERETO, FIXING THEIR RESPONSIBILITY AND PROVIDING A PENALTY FOR VIOLATION THEREOF, AND DECLARING AN EMERGENCY The City Council of the City of Tiburon does ordain as follows: Section 1. It shall be unlawful for any minor under the age of 18 years to loiter, idle, stroll or play in any public street, public square, park, or any public place between the hours of 11:00 o'clock P. M. and daylight of the following day; provided, however, that the provisions of this section do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate busi- ness directed by his or her parent, guardian, or other adult person having the care and custody of the minor. Section 2. Any person assisting, aiding, abetting, per- mitting or encouraging any minor under the age of 18 years to violate any of the provisions of this ordinance is guilty of a misdemeanor, which violation shall be punishable by a fine of not more than $500.00 or by imprisonment in the county jail of Marin County for not more than six months, or by both such fine and imprisonment. As used in this ordinance, the word "permittingll is not limited to its affirmative meaning, but includes negative action implying no affirmative act and involving no intent, but shall include passivity or abstaining from preventive action; as used in this ordinance, the word "permittingll means to allow to be done, either by consent or by not prohibiting; as used here in 1. the word "permittingll also means to give an opportunity to a minor under the age of 18 years who will take advantage of the opportunity unless restrained. The word "permitting" as used in this ordinance also means allowing, or acquiescing, or acquiescing by failing to prevent, or conceding, or granting, or giving leave, or suffering~ or tolerating or sanctioning. Section 3. Each owner, agent, manager, or keeper of a hotel~ boarding house, lodging house, tenement house, apartment house or motor court, shall immediately report to the Chief of Police or other designated officer in charge of law enforcement for the City of Tiburon the presence therein of any and all minors who he or she has reason to believe to be under the age of 18 years; providing, however, that the provisions of this paragraph do not apply when the minor or minors is or are accompanied by a parent, guardian, or other adult person having the care and custody of such minor or minors. In making such report, the name, age, last known place of abode~ the names and residences of the parents, guardians or other custodians of such minor or minors, shall be stated, and shall include such other or further information as can be ascertained from said minor or minors or otherwise. Section 4. It shall be unlawful within the City of Tiburon for any proprietor, keeper, clerk or any other person having charge or control of any cafe, tavern, restaurant, bar, eating place or public dance hall to permit any person under the age of 18 years to remain in said public place herein enumerated between the hours of 11:00 o.clock P. M. and daylight immediately following; provided that the provisions of this paragraph do not apply to a minor or minors accompanied by his or her parent, guardian, or other adult person, having the care and custody of the minor. 2. Section 5. It shall be unlawful for any person under the age of eighteen years to operate a motor vehicle or ride in or on a motor vehicle, about the public streets, alleys, avenues, parks, public squares, or any other public places between the hour of 11:00 oJclock, P. M. and the time of sunrise of the following day when not accompanied by his or her parent or legal guardian having legal custody and control of such person or other adult person having the care and custody of such person; provided, however, that the provisions of this Section do not apply to any such person who shall be operating or riding in a motor vehicle engaged in gainful employment or upon an emergency errand, or on legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of such person. The Chief of Police or other designated officer in charge of law enforcement for the City of Tiburon is hereby empowered and authorized to impound any motor vehicle which is being operated or used in violation of this ordinance. Section 6. Any minor who shall violate any of the pro- visions of this ordinance shall be guilty of a misdemeanor and subject to the provisions of Chapter 2, Division 2 of the Welfare and Institutions Code of the State of California. Section 7. Any person, other than a minor, who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, which violation shall be punishable by a fine of not more than $500.00 or by imprisonment in the county jail of Marin County for not more than six months, or by both such fine and imprisonment. Section 8. If any provision of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of this ordinance and the application of such provisions to other persons and circumstances 3. shall not be affected thereby. The City Council hereby declareE that it would have passed this ordinance and each section~ sub- section, clause or phrase thereof ~ irrespective of the fac,", that anyone or more sections, subsections, sentences, clause~ or phrases be declared unconstitutional. Section 9. This Ordinance was introduced at a regula~ meeting of the City Council on October~, 1964, and war ordered posted in at least 3 public places in the City 0: Tiburon. Section 10. This Ordinance is an urgency measure ano shall go into effect immediately upon its adoption. The facts constituting the need for said ordinance being effective im- mediately are that the City has just recently been incorporated, and that it is necessary to preserve the public peace, safety, morals and welfare by restricting the presence of minors in the streets and other public places and particularly for the purpose of curtailing juvenile delinquency. PASSED AND ADOPTED by the City Council of the City of Tiburon at a regular meeting thereof on the October, 1964, by the following vote: AYES: Councilmen: Ell inwood, Hannahs, Hoffmire, Souza, StrawbrIdge \.S" day of NOES: Councilmen: None ABSNET: Councilmen: None A TTES T: . /'-------... " ./ --". I ) ~/ I: ~. ! ':av2 ~-e .:/ ~--- LAwRE ~ ~ ROS , C Y Clerk 4. ""--"""----~---