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E. Local Government Commission Seminar, Council Member Claire Council Member Claire announced he would attend the March 5 - 8, 1998, Local Government Commission Seminar on Livable Cities. He advised he would bring a full report back to Council. MEMO 1/13/98 ___--__n__n___--_--______n______---------------------------------------------------------______n______-------------- 8. STAFF REPORTS A. INTRODUCTION OF ORDINANCE - Redwood City Curfew Ordinance (205,706) REPORT: Administrative Sergeant, Ron Matuszak, January 12, 1998 Sergeant Matuszak reported that the current curfew ordinance was adopted in 1952 and forbids minors, under the age of 18 from loitering in a public place from 10:00 p.m., until sunrise. He explained that a recent court decision had indicated that the wording of the City's Ordinance did not address the rights of minors to engage in legitimate civic, social or religious activities, and is, therefore, unenforceable as it is presently written. Sergeant Matuszak said, "The revised ordinance conforms to the court decision, it would allow officers to contact and detain youth out late in the evening and take enforcement action as necessary. The revised ordinance modifies the curfew time, and it allows a number of exceptions to the new law. The revision makes exceptions and would not apply to youth who were with a parent or guardian, were on an errand at the direction of a parent, at work or going to and ITom work, or involved in any kind of an emergency in front of his or her house or a neighbor's house who does not complain. It would not apply to minors who are traveling in a motor vehicle (in interstate travel), it would not apply to a minor who was attending a school, religious, or recreational activity, or if he was engaged in speech or religious rights, such as ITeedom of speech, freedom of assembly, or the free exercise of religion. It would also not apply to married juveniles or juveniles who were emancipated. Additionally, the new ordinance would forbid enforcement action on the part of the Police Department until the officer made a reasonable effort to determine the age of the minor and to ascertain why the minor was out during curfew hours." Sergeant Matuszak stated, "Before presenting this to Council, I met with the Youth Advisory Board, and they told me they thought the curfew was reasonable, they had no objections to it, but they did have a recommendation to it in regards to the curfew hours. Our initial draft showed the curfew hours to be 10:00 p.m. for every evening except Friday or Saturday evening, and the curfew for those evenings was midnight since there was no school the following day. The Youth Advisory Committee suggested that we have a midnight curfew each day during the summer months when school was not in session, and we incorporated that recommendation into the new ordinance." Sergeant Matuszak continued, "Our department has not cited or arrested anyone for violating the curfew ordinance in at least the last 10 years. The Council could simply REGULAR COUNCIL MEETING MINUTE BOOK NO. 56 JANUARY 12, 1998 MINUTES Page No. 162 PAGE 9