PURPOSE:

The purpose of this report is to respond to Councilmember Golonski�s July 10^th  request to discuss the nighttime curfew ordinance.  This is the first step in the two-step agenda process.

BACKGROUND:

The purpose of a curfew ordinance is to protect youth from victimization, guard them from unlawful and corrupting influences, reduce juvenile delinquency, and enhance the safety of residents during the nighttime hours. 

City of Burbank Municipal Code Section 20-110, Minors in Public Places after Certain Hours, is split into a nighttime curfew section and a daytime curfew section. The nighttime curfew section states the following:  �It is unlawful for any minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, public places of amusement and public eating places, between the hours of 10:00 PM and sunrise the following day.  The two exceptions to the nighttime curfew ordinance are:  1) the minor is accompanied by his or her parent or guardian or other adult person having the care and custody of the minor and 2) the minor is on an errand directed by his or her parent or guardian or other adult person having the care or custody of the minor.�

The most recent update of the municipal code relating to curfew was completed in 1998, with the addition of the Daytime Curfew section.

ANALYSIS

Staff reviewed similar laws relating to nighttime curfew from Beverly Hills, Culver City, Glendale, Inglewood, Monrovia, Pasadena, San Marino, and Santa Monica.  When comparing these eight cities to Burbank�s current policy, staff noted a few differences related to weekend nighttime hours and exceptions.  For the most part, all cities surveyed have a 10:00 PM curfew, except for the cities of Inglewood and Beverly Hills, which begin at 11:00 PM.  The following are exceptions to nighttime curfew that are in place within the cities surveyed:

• Engaged in or going directly to or returning from a school-approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization or a similar entity that takes responsibility for the child.

• Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or directly returning from such activity.

• Engaged in or going directly to or returning directly from any other lawful activity with written permission from a parent or parents or legal guardian or other adult person having the legal care or custody of the minor.

• Exercising First Amendment rights protected by the United States Constitution such as the free exercise of religion, freedom of speech, and the right to assembly.

• Involved in an emergency or seeking medical assistance.

• Returning home from a place of public entertainment such as a movie, play, concert, dance, or sporting event, without any detour or stop.

• Traveling on the public streets and in possession of written permission to be traveling on the public streets from a parent or legal guardian or other adult person having legal care or custody of the minor.  The permission may be general or specific and need not be dated.

• On the sidewalk or in the right-of-way abutting the minor�s residence.

• Emancipated pursuant to California Family Code sections 7000-7123.

Copies of the ordinances reviewed are attached to this staff report available for your consideration.

FISCAL IMPACT:

There is no fiscal impact identified at this time.

RECOMMENDATION:

Staff recommends that the Council discuss the matter and provide direction.

TIM STEHR

Chief of Police

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