Dos Palos Municipal Code § 9.30 Public Peace, Morals and Welfare

The following definitions are applicable to these sections:

A. Curfew hours means the period from 10:00 PM until 6:00 AM the following morning. B. Emergency means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life. C. Establishment means any privately owned place of business operated for profit to which the public is invited, including but not limited to, any place of amusement or entertainment. D. Guardian means (a) a person who, under court order, is the guardian of the minor; or (b) a public or private agency with whom a minor has been placed by court order. E. Minor means any person under eighteen (18) years of age. F. Operator means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. G. Parent means a person who is a natural parent, adoptive parent or step-parent of a minor. H. Responsible adult means a person at least eighteen (18) years of age and authorized by a parent or guardian to have care and custody of a minor. I. Public place means any place the public or a substantial group of the public has access and includes, but is not limited to, streets, alleys, sidewalks, squares, parks, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops, dance halls, amusement center or these establishment immediate areas.

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J. Remain means to (a) linger, stay or be present; or (b) fail to leave the public place when requested to do so by a peace officer, the owner, operator or other pers.on in control of the premises or public place.

It is unlawful for any minor persons under the age of eighteen years to remain, congregate or to be present at or to be upon any public street, way, square, park, place or building or at or in any place of business, business house, public dance hall or other place designed for the accommodation of the public or place as listed in the above definitions between the hours of ten p.m. of one day and six a.rn, of the following day. Any person who has not attained his eighteenth birthday is deemed to be under the age of eighteen years.

The provision of Sections 9.30.020 shall not apply to any minor who at the times mentioned in Sections 9.30.020 is accompanied by his parent~ guardian or other adult person having the lawful custody of such minor.

9.3Q.0:40 Places excepted.

The provisions of Sections 9.30.020 shall not apply to the following places: Public theaters and places where supervised entertainment or play or instruction for minors under the age of eighteen is conducted; provided, however, that this exception shall apply only to minors who are in attendance at such theaters or places for the purpose of attending the entertainment, supervised entertainment, or supervised play or instruction thereby afforded.

The provisions of Section 9.30.020 shall not apply to any minors while engaged in going to or returning from, in direct route, the places mentioned in Section 9.30.040 and their homes or other places of abode; provided, however, in the event such minors stop, loiter, loaf, congregate or deviate from such direct route, this exception shall not apply and the provisions of Sections 9.30.020 shall then apply.

The provisions of Sections 9.30.020 shall not apply to any minor who is lawfully employed or to such a minor while engaged in going to or returning from his place of employment in a direct route between such place of employment and his place of abode.

Any minor violating the terms of this chapter is guilty of a misdemeanor.

Any minor violating the provisions of this chapter may be immediately apprehended and lawfully detained and appropriate proceedings may be instituted under and pursuant to the provisions of the Juvenile Court Law as set forth in the Welfare and Institutions Code of the State of California.

Officers taking enforcement action under this ordinance shall first, ask the apparent offenders age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this ordinance unless the officer reasonably believes an offense has occurred based upon the minors response(s) and other circumstances surrounding the enforcement of this ordinance.

Any parent, guardian or other adult person having the lawful custody, pennanent or temporary, of any minor person who knowingly permits or lets, either willfully or negligently, such minor violate the provisions of this chapter, is guilty of a misdemeanor and shall be punished as provided in Chapter

Foot Notes

For constitutional grant of power to any city to make and enforce within its limits all such local, police and other regulations as are not in conflict with the general laws, see California Constitution Article 11 §11 (I 870).

For statutory provisions indicating that it shal1 be a misdemeanor to spit in public places, see Penal Code §372a.

For statutory provisions regarding disturbing the peace, see Penal Code §415; for provisions regarding loitering, see Penal Code §647.

For statutory provisions regulating inter alia the consumption of intoxicating beverages on public school grounds, see Business and Professional Code §25608.

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by decisions of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The city council of the City of Dos Palos hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.

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At a regular meeting of the City Council held on September 16, 2008, it was moved by Councilmember Kelley and seconded by Councilmember Antonetti to approve Introduction of Ordinance 386. The motion passed 5-0. Mayor Bums opened Public Hearing at 6:39pm . No one requested to speak. The Mayor closed the Public Hearing at 6:40pm. It was then moved by Mayor pro Tern Mays and seconded by Councilmember Kelley to Waive 1st Reading of Ordinance 385. The motion passed 5-0.

At a regular meeting of the City Council held on October 7, 2008, it was moved by Councilmember Kelley and seconded by Mayor pro Tern Mays to Waive the Second Reading of Ordinance 3850. The motion passed 4-0. Mayor Bums opened a Public Hearing at 6:50pm. No one requested to speak. The Mayor closed the Public Hearing at 6:51pm. It was then moved by Councilmember Kelley and seconded by Councilmember Thompson to Adopt Ordinance 385. The motion passed 4-0.

AYES: Burns, Mays, Kelley and Thompson

NOES: None.

ABSENT: Antonetti.

After final passage and adoption, Ordinance 385 shall be published by one (1) insertion in The Dos Palos Sun, and adjudicated newspaper of general circulation available within the City of Dos Palos.

Ordinance 385 shali become effective on November 7, 2008.

APPROVED: ATTEST:

··, .· . . ,,./ ,:) --7) z' "'f-'" __ )/ .•::.:;;;p Michael Bums, JosefiryaJRodriguez, Citµ::lerk 0: /

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VI. Consumer Protection