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HomeMy WebLinkAboutOrd 1041-1988ORDINANCE NO. 1041-88 AN ORDINANCE REPEALING CHAPTER 10.44 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 10.44 ENTITLED "MINORS - CURFEW" THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.44 of the South San Francisco Municipal Code Repealed Chapter 10.44 of the South San Francisco Municipal Code IOrdinance No. 333) is hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act omitted in violation of that chapter prior to the effective date of this ordinance. SECTION 2. Chapter 10.44 of the South San Francisco Municipal Code Added A new chapter 10.44 entitled "Minors-Curfew" is hereby added to the South San Francisco Municipal Code to read: CHAPTER 10.44 MINORS-CURFEW Sections: 10.44.010 10.44.020 10.44.030 10.44.040 10.44.050 Hours designated Responsibility of parent Encouragement to violate prohibited Report of building manager Penalty for violation Section 10.44.010 Hours designated It is unlawful for any minor under the age of eighteen years to loiter in, upon or about the public streets, avenues, alleys,.parks, buildings or other public place, or any eating or drinking establishment between the hours of ten p.m. and sunrise the following morning. However, the provisions of this section shall not apply in the following circumstances: (a) when the minor is accompanied by his or her parents, guardian or other adult having the legal care, custody or control of the minor; (b) when the minor is upon an emergency errand directed by his or her parent, guardian or other person having legal care, custody or control of the minor; (c) when the minor is going to or returning from a place of work or a meeting, dance, recreational activity or other event organized or sponsored by a school or community group; or (d) when the minor is going to or returning from a private residence at which the minor is or was an invitee. Section 10.44.020 Responsibility of parent It is unlawful for the parent, guardian or other person having the legal care, custody or control of any minor under the age of eighteen years to allow or permit such minor to violate any provision of this chapter. Section 10.44.030 Encouragement to violate prohibited It is unlawful for any person to assist, aid, abet or encourage any minor under the age of eighteen years to violate any provision of this chapter. Section 10.44.040 Report of building manager Each owner, agent, manager or keeper of a hotel or motel shall immediately report to the police department of the city the presence therein between the hours of ten p.m. and sunrise the following morning, of any and all minors under the age of eighteen year, unless the minor is accompanied by their parent, guardian or other person having the care and custody or is an employee of the hotel or motel. The report shall include the name, age, last known place of residence of the minor or minors and the names and residences of the parents, guardian or other custodian of the minor insofar as such information can be obtained from the minor. Section 10.44.050 Penalty for violation Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as provided in Chapter 1.24 of this code. SECTION 3. SEVERABILITY In the event that any section or portion of this ordinance shall be determined invalid or unconstitutional, that section or portion shall be deemed severable and all other sections or portions of this ordinance shall remain in full force and effect. SECTION 4. PUBLICATION AND EFFECTIVE DATE This ordinance shall be published once, with the names of those City Council members voting for or against it, in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. -2- Introduced at a special meeting of the City Council of the City of South San Francisco, held the 21st day of September , 1988. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held the 28th day of September , 1988, by the following vote: AYES: Councilmembers Mark N. Addiego, Richard A. Haffey. Gus Nicolopulos, Roberta Cerri Teqlia, and Mayor Jack Draqo NOES: None ABSTAIN: None ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 28th day of September , 1988. -3-