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ORDINANCE NO. 2076
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA
MUNICIPAL CODE BY AMENDING SECTION 4250.1 AND
,
ADDQ'lG SECTION 4250.1.2 PERTAINING TO NIGHTTIME
CURFEWS
WHEREAS, in Nunez v. City of San Diego (1997), a curfew ordinance of the City of
San Diego was held ,to be unconstitutional for various reasons; and
WHEREAS, Section 4250 of the Arcadia Municipal Code establishes a curfew within
the City of Arcadia; and
WHEREAS, the City Council of the City of Arcadia has previously found and
determined that the establishment and enforcement of a curfew for minors is effective and
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necessary to decrease juvenile crime and victimization; and
WHEREAS, the Ordinance currently codified in Part 5 of Chapter 2, Article IV of the
Arcadia Municipal Code is distinguishable from that invalidated in the Nunez case, but the
City Council desires to codify those aspects in which it so differs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Arcadia hereby finds and determines
that the City of Arcadia has an obligation to provide for the protection of minors from each
other and from other persons, and that the continued maintenance and enforcement of a
curfew for minors is effective and necessary to decrease juvenile crime and victimization.
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SECTION 2., That the Arcadia Municipal Code is hereby amended by adding a new
Section 4250.1 to read as follows:
Section 4250.1. DEFINITIONS.
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(a) For ptlrposes of this Section, the term "loiter" shall be defined in accordance
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with the definitions 'adopted by the courts of the State of California.
(b) For pl,lrposes of this Section, notwithstanding the fact that a person may be
"loitering" as defined herein, it shall not be a violation of this Section if the person is
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exercising First Amendment rights protected by the United States Constitution.
SECTION 3.' That the Arcadia Municipal Code is hereby amended by adding a new
Section 4250.1.2 to read as follows:
Section 4250!.1.2. ENFORCEMENT. Before taking any enforcement action under
this Section, a police officer shall ask the apparent offender's age and reason for being in the
prohibited place. The officer shall not issue a citation or make an arrest under this Section
unless the officer reasonably believes that an offense has occurred and that, based on any
response and other circumstances, the person is not exercising First Amendment rights
protected by the United States Constitution.
SECTION 4. That Section 4250.1 as it currently reads is hereby repealed in its
entirety.
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2076
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SECTION 5. The City Clerk shall certifY to the adoption of this Ordinance and shall
cause a copy of sarrte to be published in the official newspaper of said City within fifteen
,
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(15) days upon its adoption.
Passed, approved and adopted this 16thday of September
,1997.
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Mayor of the City of Arcadia
/Pro Tem
A TrEST:
<2ity Clerk
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APPROVED AS TO FORM:
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Michael H. Miller
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS IANGELES ) SS:
CITY OF ARCADIA )
,
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the
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foregoing Ordinance No. 2076 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor Pro Tern and attested to by the City Clerk at a regular meeting
of said Council held on the 16th day of September, 1997 and that said Ordinance was
adopted by the following vote, to wit:
A YES: Councilmember Chang, Kovacic, Kuhn and Young
NOES: None
ABSENT: Mayor Harbicht
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2076