Attachment B
Redline of Newport Beach Municipal Code
B. Safety Enhancement Zone and Public Safety Orders . For any violation of this Code that is committed within an area that has been designated by the City Council as a Safety Enhancement Zone pursuant to Section 1.04.060, and during the time that designation is effectivein effect, or any violation of a public safety order pursuant to Section 10.80.30, during the time that order is in effect , the fine shall be treble the amount otherwise prescribed or where the violation is considered an infraction and no fine is specified , the fine shall be as follows:
1. A fine not exceeding three hundred dollars ($300.00) for a first violation;
2. A fine not exceeding six hundred dollars ($600.00) for a second violation of the same ordinance within one year from the date of the prior violation; and
3. A fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same ordinance within one year from the date of the prior violation.
CHAPTER 10.36
MINOR’S CURFEW
Sections
10.36.010 Purpose and Intent.
10.36.020 Definitions.
10.36.030 Minor’s Curfew Hours.
10.36.040 Enforcement.
Section 10.36.010 Purpose and Intent.
The City Council declares its purpose and intent in enacting this ordinancechapter is as follows:
A. The hours between 10:00 p.m. and 6:00 a.m. present unique public safety concerns because lawful recreational activities, youth programs, and commercial activities serving minors are substantially diminished during those hours, while opportunities for criminal activity, alcohol and drug use, vandalism, assaults, reckless conduct, and victimization increase.
B. Minors, because of their age and developmental maturity, generally possess a reduced ability to make reasoned judgmentsrecognize dangerous circumstances, resist peer pressure and understand the , assess long-term consequences of improper behavior increase with age, knowledge and , and remove themselves from potentially hazardous situations during late-night hours without adult supervision.
C. Based on the Newport Beach Police Department’s experience, all of which are likely to increase as a person grows older, and these factors justify together with the application of a curfew to minors, but not adults.experience of numerous California jurisdictions that have juvenile curfew ordinances, having reasonable nighttime curfews contributes to reductions in juvenile victimization, vandalism, disorderly conduct, and other late -night public safety problems while encouraging parental involvement.
B. Juvenile crime
D. Juveniles present in public places during late -night hours are disproportionately vulnerable to becoming victims of violent crime , especiallyproperty crime, exploitation, alcohol-related offenses, drug activity, traffic collisions and other dangerous conditions.
E. Encouraging parental supervision during nighttime crime, has increased over hours promotes the years and jurisdictions enforcing a nocturnal health, safety, and welfare of minors, reduces opportunities for juvenile curfew have experienced a reduction in crime and noncriminal mischief. victimization, and strengthens parental responsibility without unreasonably interfering with legitimate nighttime activities, which are excluded from the curfew.
C. In recent years, minors have increasingly been victims of violent crime and the adoption and enforcement of a curfew ordinance will tend to reverse this trend.
D. Curfew ordinances tend to reinforce parental authority and supervision.
Section10
F. During designated high-risk periods including Memorial Day, the Fourth of July, and Labor Day, an earlier curfew is necessary in the West Newport Safety Enhancement Zone because the City experiences: (1) an extraordinary increase in visitors, traffic congestion, alcohol consumption, and large unsupervised gatherings that substantially elevate the risk of crime, disorderly conduct, fireworks violations, assaults, and juvenile victimization; and (2) crowd conditions that are fundamentally different from ordinary days, with rapidly increasing attendance beginning in the late afternoon and continuing into the evening, placing a severe demand on public safety personnel, which would be reduced if unsupervised juvenile attendance was restricted before dangerous crowd conditions develop.
G. The earlier West Newport Safety Enhancement Zone curfew is intended to prevent dangerous crowd formation before conditions become unmanageable.
H. The earlier West Newport Safety Enhancement Zone curfew is the least restrictive means to protec t emergency access and juvenile safety because it is temporary, geographically limited, and applies only during recurring periods of demonstrated public safety risk.
I. The curfews established by this ordinance are narrowly tailored because they apply only to those times when public safety risks are greatest, apply only to minors, contain reasonable exceptions for employment, emergencies, travel, religious activities, sc hool functions, constitutional activities, and parental supervision, leaving open ampl e opportunities for lawful activity.
J. Protecting minors from harm, reducing juvenile victimization, encouraging parental supervision, preventing juvenile crime, and promoting the safe use of public spaces constitute compelling governmental interests supporting reasonable time, place and manner regulations applicable to minors.
Section 10.36.020 Definitions.
For the purposepurposes of this chapter, the following words , terms, phrases, and their derivations have the meanings given herein.
“Beach” or “beaches” means any public ocean front or bay front beach within the City, including ocean or bay public piers, public floats, public wharves, or public strands adjoining public ocean front or bay front beach areas.
“Minor” means any person under the age of eighteen (18) years who is not an emancipated minor, as provided in California Family Code Section 7002, shall be deemed a minor.
“Public plaza” means an open public area that is owned or controlled by the State, the County, the City, or other public entity that has been physically improved, which allows access to the beach, a boardwalk, or public pier, and where people can gather. “Public property” means all property owned or controlled by the State, the County, the City, or other public entity including, but not limited to, any publicly owned or controlled building, structure, restroom, bridges, beach, parking garage, parking lot, passageway, pier, public right- of-way, public plaza, driveway, landscaped area, parkway, median, greenbelt, open space, public park, or park facility.
“Public rights-of-way” or “public right-of-way” means the area or areas on, below, or above a public roadway, public highway, public street, public sidewalk, public path, public trail, public plaza, public bike lane or path, public boardwalk, public alleyway, or a utility easement in which the City has an interest
“West Newport Safety Enhancement Zone” means the area that has been designated by the City Council as the West Newport Safety Enhancement Zone pursuant to Section
1.04.060 and during the time that designation is in effect.
Section 10.36.030 Minor’s Curfew Hours.
A. It shall be unlawful for any minor to loiter or idlebe in or upon theany public streets, alleys, parks, playgrounds or otherproperty, including but not limited to any beach, public places, vacant lots or other unsupervised placesplaza, public rights-of-way, or public park, between the hours of 10:00 p.m. and 6:00 a.m. of the following day.
B. Notwithstanding the restrictions in subsection A, it shall be unlawful for any minor to be in or upon any public property, including but not limited to any beach, public plaza, public rights-of-way, or public park, in the area designated as the West Newport Safety Enhancement Zone between the hours of 6:00 p.m. on Memorial Day, July 4th, and Labor Day, and 6:00 a.m. the following day.
C. It shall be unlawful for a parent or guardian of a minor to knowingly permit a minor to violate subsections A or B, or after obtaining knowledge of a curfew violation, fail to exercise reasonable supervision to prevent continued violations by the minor of subsections A or B.
D. The curfew set forth in subsections A and B shall not apply to the following:
1. A. Any minor accompanied by a parent, legal guardian , or a responsible adult to which custody of the minor has been given by the over the age of 25 whom the minor's parent or legal guardian ; and has authorized to care for the minor;
B. To any
2. A minor performing any task at engaged in interstate or intrastate travel through the direction of his or her legal guardianCity or to anydestinations within the City;
3. A minor traveling directly to or from the minor’s residence by the most direct and reasonably expeditious route, without unnecessary delay;
2.4. A minor responding to an emergency with or without parental consent; and including obtaining medical assistance or respo nding to the direction of emergency personnel;
C. To any
3.5. A minor then acting within the course and scope of histraveling to or herfrom lawful employment; and or while engaged in lawful employment; D. To any
6. A minor who is delayed because of transportation failure or vehicle breakdown;
7. A minor on the property of, or where the minor resides, including the sidewalk directly adjacent to, or the buildings immediately adjacent to the building in which he or she resides; andpublic sidewalk, if any;
E. To any
8. A minor attending organized associational activity, such as school meetings, classes or sporting events, religious meetings, dances, concerts, theatrical performances, or similar events, or other Constitutionally protected activity; and; F. To any
9. A minor engaged in reasonable and direct travel , by the most reasonably expeditious route, to and from those activities described in subsection ( ED8) of this section.subsection; or
10. A minor exercising rights protected by the United States Constitution or California Constitution, provided the activity is conducted in a lawful manner.
Section 10.36.040Enforcement040 Enforcement.
Every police officer is hereby authorized and empowered to demandrequest from any person, whom the officer has reasonable causesuspicion to believe is in violation of Section 10.36.030, that such person give his or her name, address, proof of age, the name of the minor’s parent, guardian or adult having over the age of 25 authorized by the parent or legal guardian to care or custody of such person for the minor , and other information reasonably necessary to determine whether such violation exists.
Section 11.03.020 General Provisions.
A. Permit Required. No person shall sponsor, conduct, coordinate, promote , operate, maintain, or organize any special event regulated by this chapter and no person shall allow the use of their premise s for such a special event without first obtaining a special event permit in accordance with this chapter and paying the required fee.
B. Applicability. These regulations shall apply to the following special events:
1. Outdoor concerts and other entertainment, public or semi-public dance, recreation, or sporting events.
2. Circuses, carnivals, fairs and festivals.
3. Swap meets.
4. Walks, runs, athletic events, bicycle and vehicle races not exempted under subsection (C) of this section.
5. Organized/sponsored vehicle and boat shows.
6. Sales events outside the normal sales area of a business, such as sidewalk and parking lot sales and other special promotions.
7. Auto dealer sales events involving promotional attractions such as barbecues, tents, canopies, special signage, and similar facilities.
8. Fireworks displays.
9. Outdoor weddings and picnics with attendance of one hundred fifty (150) or more personspeople, within guidelines established by City Council Policy B-16.
10. Assemblies, conferences or meetings in a designated reserved area outdoo rs, with attendance of one hundred fifty (150) or more persons.people.
11. Street fair or craft show on a residential or commercial right-of-way which is likely to obstruct or delay or interfere with normal flow of pedestrian or vehicular traffic.
12. Other events with potential attendance of one hundred fifty (150) or more personspeople, as determined by the Director, which are not exempted perby subsection (C) of this section.
13. Car washes whereby the public is encouraged/invited to attend.
14. Parades or motorcades.
15. Fastening of a vessel pursuant to Section 17.25.010.
16. Any event that is reasonably expected to attract 100 or more participants within a Safety Enhancement Zone, when the Safety Enhancement Zone is in effect or in a geographic area designated in a public safety order while the public safety order is in effect.
C. Exempt Activities. The following activities are exempt from the provisions of this chapter:
1. Normal promotional/sale activities conducted within the approved display area of a business establishment as provided for in Title 20.
2. Commercial filming regulated by Chapter 5.46.
3. Live entertainment at an established place of business, such as a restaurant or tavern, regulated by Title 20 and Chapter 10.26.
4. Temporary land uses regulated by Title 20 of this Code.
5. Yard, garage, or other personal property sales in residential districts regulated by Title 20 of this Code.
6. Activities or events held or conducted by or on beha lf of the City, a public school, or the State conducted on property owned or leased by such entity or its sponsor.
7. Events conducted by homeowners’ associations on common area property within the association’s boundaries.
8. Any other special event specifically exempted in this Code from the provisions of this chapter.
9. Activities or events authorized under a conditional use permit under Title 20.