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HomeMy WebLinkAbout2013/03/05 Item 11CITY COU NCI L AGENDA STATEMENT ~`~~ CITY OF CHULA VISTA March 5, 2013 Item No. ITEM TITLE: CONSIDERATION OF AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.09 (TRUANCY) TO MODERNIZE AND UPDATE ORDINANCE SUBMITTED BY: CHULA VISTA POLICE DEPARTMEN~/~i`_ CITY ATTORNEY' S OFFICE ((~, tt``~r REVIEWED BY: CITY MANAGE 4/STHS VOTE: YES ^ NO BACKGROUND At the request of a constituent, the Police Department, in conjunction with the City Attorney's Office, has worked diligently over the past 12 months to update and modernize Chapter 9.09 of the Chula Vista Municipal Code (Truancy). Chapter 9.09 governs truancy of minors during school hours. Truant students may be denied an education, may cause the loss of state and federal funding to the detriment of all students, may involve themselves in unsafe or criminal activities affecting the entire community, and may become a burden on police resources. Efforts to discourage truancy are traditionally handled by administrative procedures of the school districts working in cooperation with the Police Department. The truancy ordinance was adopted by the City Council in 1998 at the request of the Chief of Police given concerns regarding public safety. The ordinance was intended to be just one of several proactive steps available to law enforcement in an effort to reduce the incidence and impact of truancy. Studies available at that time coupled with additional academic reseazch has shown that juvenile truancy is linked to juvenile crime and other anti-social behavior. For example a U.S. Department of Education study in 1996 indicated that daytime crime dropped 68% afrer police began citing truant students. A study in Los Angeles in 1996 detailed a similar drop in school hour crimes (residential burglaries decreased by 8.1%, vehicle burglaries decreased by 12.2%, shoplifring decreased by 18.1%, and overall theft-related crimes decreased by 9.6%). This decrease was coupled with an increase in school attendance (2.4% in middle schools, and 2.9% in high schools). Studies have demonstrated a clear link between truancy and substance abuse. A 11-1 3/5/13, Item Na. Page 2 of 3 1993 study indicated about 24% of serious truants needed drug or alcohol treatment, and a 2005 study indicated a linear link between truancy and the initiation of marijuana use. A 2005 Rochester study showed chronic truants were 12 times as likely to report committing a serious assault and 21 times as likely to report committing a serious property crime. The United States Office of Juvenile Justice and Delinquency named truancy reduction one if its national priorities for 2003. Since the Chapter's original incorporation in 1998 the popularity of alternative educational programs, including independent study and home school programs, and the number of alternative education students have increased dramatically. Concerns were raised with regard to definitions of the ordinance relating to alternative education and home school programs, as well as other terminology of the ordinance that was outdated or otherwise in need of clarification. The Police Department and the City Attorney's Office reviewed other similar municipal ordinances throughout the state to ensure that the most up-to-date language was included in this version of the Chapter. Also, staff reviewed the ordinance to ensure that if a youth was not in school during school hours but was on an emergency errand or had the permission of their parents to be out of school for a number of reasonable purposes that this activity was captured and exempted from enforcement in the Chapter. Other updates included a general clean-up of the ordinance, comparing and contrasting the ordinance with numerous other truancy ordinances throughout the state, and ensuring that consistent definitions applied throughout the ordinance. Staff also eliminated the outdated provision with regard to "loitering." The Public Safety Subcommittee heard this item on August 29, 2012. Lieutenant Collum of the Police Department gave a presentation summarizing the updates. Public comment was also provided at this meeting. The Public Safety Subcommittee expressed their approval for the updates. Superintendent Edward M. Brand, Ed.D. of the Sweetwater Union High School District, and Michelle Linley, Deputy District Attorney and Chief of the Juvenile Division for the District Attorney's Office are supportive of the ordinance and its revisions. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to the CEQA. Thus, no environmental review is necessary. RECOMMENDATIONS Council Adopt the updates and revisions to Chapter 9.09 (Truancy). 11-2 3/5/13, Item No. Page 3 of 3 BOARDS/COMMISSION RECOMMENDATION The Public Safety Subcommittee heard this item at its August 29, 2012 meeting and recommends adoption. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council Members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT None anticipated. ATTACHMENTS Ordinance. 11-3 ORDINANCE N0.2011- ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 9.09 (TRUANCY) TO MODERNIZE AND UPDATE ORDINANCE WHEREAS, the provisions of the Chula Vista Municipal Code relating to juvenile truancy were originally passed in 1998 and needed to be updated and modernized; and WHEREAS, this City Council recognizes the importance of ensuring that juveniles are attending school when they should be, alternative schooling or otherwise; and WHEREAS, truant students may be denied an education, may cause the loss of state and federal funding to the detriment of all students, may involve themselves in unsafe or criminal activities affecting the entire community, and may become a burden on police resources; and WHEREAS, U.S. Department of Education study in 1996 indicated that daytime crime dropped 68% after police began citing truant students; and WHEREAS, study in Los Angeles in 1996 detailed a similar drop in school hour crimes (residential burglaries decreased by 8.1%, vehicle burglaries decreased by 12.2%, shoplifting decreased by 18.1%, and overall theft-related crimes decreased by 9.6%) - this decrease was coupled with an increase in school attendance (2.4% in middle schools, and 2.9% in high schools); and WHEREAS, other numerous national studies have cited links between juvenile truancy ordinance enforcement, increased attendance and reduced levels of substance abuse; and WHEREAS, the City of Chula Vista has seen an increase in attendance since the original truancy ordinance was passed in 1998; and WHEREAS, since enforcing the Chula Vista truancy ordinance beginning in 1998 the Chula Vista Police Department has seen a significant drop in the number of citations in recent years indicating the effectiveness of truancy enforcement; and NOW, THEREFORE, with the above recitations contained herein, the City Couricil of the City of Chula Vista does, hereby, ordain as follows: Section I. That Chapter 9.09 of the Chula Vista Municipal Code, with the above recitations incorporated herein, is hereby amended to read as follows: 11-4 Chapter 9.09 T nTTQTRUANCY Sections: 9.09.010 D_Purnose 9.09.020 l~Definitions. 9.09.030 Truancy by minors in public places~}iese. 9.09.040 Responsibility ofparentltie33s. 9.09.050 T'"Enforcement nrocedureT^•^^^^'`° ^ °^~1°^ -» ^••'•1~^ »'^^^^ 9.09.060 n°^»°~n:>,:':~ °r,.^«°.,' Penalties o no non v.,r°,.°°.»°.,+..«°°°a.,,.° T 1 ,fi 1 F «.. «+.. 1,.:4,,.. :.. ....r.l:n ,.lnn°:., ,nl. n c kei»+^l:^:°..^l..• Y ............ .. .~ . P nl. + 4 1 F ,:+1. ,. » 1....,F..11.. :.. ....l.l:n ,.lnn° /n«A 77M nnnm~ +1 h ~ ~ `<1 ,.:+° .;..,.+> ^t_^ll .«° ° ;. . :.11° :.. o,.+;nll _~,~° 1......+:,... 4S 31SE 3r3 315 E a pt2r, b y .1 1 11 ..1 ..1.. +1 ... «+ n ..F^ ,..,1: nr:... : .11. ln n4;.. nlL;., n6n:.+.. « ee ' 1 1 1 .] «.1:^+....1. +1^„ ..° .. +.. .,,l. n. v, .. rl.noe 1,° n.:..a +1.ci: .. .».., ° /n«a ~~nn a 1 l o o~~ 9.09.0]0 Purpose. The purpose of this chapter relating to the daytime presence of }tx~eailetruant minors outside of school on school days is to reduce the incidence of}u~et3ile-truancy that plagues our schools and creates a burden upon the health, safety, and welfare of the community. Students absent from school are denied an education; unexcused absences result in a loss of state and federal funding to the detriment of all students; unsupervised students may involve themselves in unsafe activities''• 1°g-in residential neighborhoods, business districts, or industrial centers; some unsupervised students may engage in criminal activity to the detriment of the community; and further, some unsupervised students may become a burden on police who must return them to school, 11-5 wait for parents to pick them up, and investigate any and all criminal activity related to the student's truancy. As a result, therefore, the City Council of the City of Chula Vista finds and determines that a special need exists for the adoption of a city ordinance to prohibit truancy by any ~r~er}ileminor under the age of 18, who is subject to compulsory education or to compulsory continuation education, with certain specific exceptions set forth herein. In addition, the city council desires to discourage parents from permitting, or by insufficient control, allowing such truancy. It is further the intent of the city council to provide appropriate criminal sanctions against any j~tvexi-leminor or parent who violates the provisions of this chapter. 9.09.0240 Definitions. For purposes of this chapter, the below terms are defined as follows: A "Alternative education" means an education program authorized pursuant to California Education Code Section 58500 et seq and offering an alternative structure, learning philosophy or academic emphasis than that of traditional public schools Alternative education is often characterized by responsiveness to instructional style differences alternative scholastic schedules and small unit size. Alternative education pro¢rams include but are not necessarily limited to, ~---~-^~- °° "c ^ TT ~"` Community Day Middle School, the Portal, Bounce Back and MAST programs of the Sweetwater Union High School District, and others. B "Compulsory education' "compulsory continuation education" and "compulsory alternative education" mean any educational program authorized by a minor's school district and complying with California's compulsory education law requiring persons between 6 and 18 years of age to attend school full-time unless otherwise exempted. AC. "Emergency" means a situation in which property or human life is in jeopardy and prompt aid is essential, and includes, but is not limited to, fire, natural disaster, automobile accident, injury to person, and necessity for immediate medical care for another person. nn «t ~1' H „ ,..ael.. ,.,,,,, o.] ~~ f 1. ...t,:,.T, ~l,e ..,.tit:,. ; i-avited D "Home school instruction" means any private program of instruction authorized by the California Department of Education that designates the minor's home as a private school in accordance with California Education Code Section 48222, and provides compulsory instruction of the minor in his or her own home. E "Independent study~" means an alternative instructional nM^class or course of instruction authorized by a minor's school district in accordance with California Education Code Section 51745 et seq it:nM:r4 and allowing for a minor's independent course of study according to a written agreement and under the general supervision of a credentialed teacher or teachers. 11-6 GF. "3trvenileMinor" means any person under 18 years of age ~G. "Parent" means the biological or adoptive parent of a j~tvei}rleminor or other lawful Uardlan; rl.e ,...,.,.t ., «a..,l .. ....,1:.... ,.f rl,e :. ..;lo,.~.:«...; F ..r^~ .,.,..^«t; rl,e .. A....: ,.«..r„A 1.., rl.e 1,:..1....:....1 .. .. A,.«t:.,., .. a«h •^ 1, ^..0 ^ .oY..A.. ^..A ......r~^7 ..P rl,e EH. "Public place" means any place to which the public has access and includes, but is not limited to, streets, highways, and tlie-eer~errthose areas of schools open to the up blic, hospitals, office buildings, transportation facilities, shopping centers, and malls. (Ord. 2750 § 1, 1998). I. "Session" means the hours of expected and established attendance in any week in which a San Diego County school is in session for at least one dam 9.09.0330 £h1~rt~Truancy by j}rveaileminors in public places~,~l-nays. A. It is unlawful for any }x~aenileminor who is subject to compulsory education or to compulsory r~ittg-continuation education to be present in any public place or any place other than the minor's school or home between the hours of 8:30 a.m. and 1:30 p.m. en-axy-na}Lwhen school is in session for that juvenileminor. B. Subsection (A) of this section does not apply under any of the following circumstances: 1. When the i-leminor is accompanied by his or her parent or guardian; 2. When the juverzi-}eminor is en-undertaking an emergency errand directed by his or her parent or guardian or when the minor is acting_~stlaatin response to an emergency that threatens the safety or health of another; 3. When the j~tveri}leminor is going directly to, or coming directly from, his or her place ofschool-approved employment; 4. When the j~eni-}eminor is going directly to or coming directly from a medical appointment; 5. When the j~tver~ileminor has permission to leave the school campus for lunch and has in his or her possession a valid, school-issued, off-campus permit; 6. When the ju~ert~leminor is enrolled in alternative education pursuant to California Education Code Section 58500, et. seq., or continuation education pursuant to California Education Code Section 48400, et seq., and is not otherwise required to attend instruction ^ ^ a~~^^'1°'^ ^~ a~~°^'1~ ~ ^ r_^~~ ., u.,., ~.y , 11-7 7. When the }crveni-}eminor is attending or, •°~''~^^' ~-• a^'^•° ^- ^'^^, going directl to or returning directl from, an official school, religion, government- sponsored activity, or other recreation activity supervised by adults; 8. When the.}~rvexileminor is obtaining or providing medical care of a parent or family member; 9 When the minor is reeistered as a ``•"student in-an an authorized Independent Study class or course of instruction p~rin accordance with California Education Code Section 51745 et seq and is not otherwise required to attend instruction: 910. When the }ttveni4eminor is "'enrolled in private school, including home`,school instruction pursuant to California Education Code Section 48222 or is receiving instruction by a qualified tutor pursuant to California Education Code Section 48224 or is otherwise exempt by law from compulsory education or compulsory ~~continuation education and is not otherwise required to attend instruction;-er 4-011. When the }u erti-leminor'~ °^'' ° -°' ~''.."°•:^^'~ a",^,^"..,^"•«~°• r a a r ~'F w:^w ~~~-~~~ ^ •~~^~^^ ^v.~:~~o is at least 16 nears old passed a California High School Proficiency Exam, and has parental consent to permanently leave school in accordance with California Education Code Section 48412; or: 12 Is otherwise authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205 or any other applicable state or federal law. 9.09.0480 Responsibility of parent. It is unlawful for the parent of any,}uvenileminor to lrnowingly permit or, by insufficient control, to allow the ~verrileminor to be in violation of CVMC 9.09.03300. 9.09.050 Enforcement procedure. A. Upon any violation of CVMC 9.09.0330, a peace officer may issue a citation to the ,}uveaileminor and may detain the }uverrileminor until he or she can be placed in the care and custody of his or her parent or may transport the ~rvenileminor to his or her home or to the school from which the ~}uvenileminor is absent. If cited, the }~enileminor and a parent shall appeaz in court as directed in the citation. The parent shall be advised of the fact that the juvertileminor was cited for a violation of CVMC 9.09.0380(~4j. The parent shall be warned of his or her responsibility and liability as the ~veni-leminor's parent. B. If a parent has been previously warned as set forth in subsection (A) of this section, a peace officer may issue a citation for an infraction, in violation of CVMC 9.09.0480, to the parent to appear in court. 11-8 C. When a parent has previously been issued a citation for an infraction as set forth in this section, upon any subsequent violation by a parent of CVMC 9.09.0460, a peace officer may issue a citation for a misdemeanor to the parent of the j~et~ileminor to appear in court. 9.09.0680 Penalties. A. Any parent or j~rvenileminor convicted of an infraction for violation of CVMC 9.09.0360 or 9.09.0460 may be punished by a fine not exceeding $100.00 for a first violation: $200.00 for a second violation within the 12 calendar months of the first violation $500 00 for each additional violation occurring after the second violation and' within 12 months of any prior violation; ~ O~and/or by a requirement to perform county, city, or school-approved work projects or community service or both. If required to perform a project or community service, the total time for performance shall not exceed 60 days, during times other than a jttvertileminor's hours of school attendance or a j~eminor or parent's hours of employment. B. Any parent convicted of a misdemeanor violation of CVMC 9.09.0560(C) may be punished by imprisonment in the county jail for a period of time not exceeding six months or by a fine not exceeding $1,000 or both. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of 4he fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 11-9 Presented by David Bejarano Police Chief Approved as to form by ~t G1enGoogins J4o~'~ City Attorney 11-10 ORDINANCE NO.2013- ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 9.09 (TRUANCY) TO MODERNIZE AND UPDATE ORDINANCE WHEREAS, the provisions of the Chula Vista Municipal Code relating to juvenile truancy were originally passed in 1998 and needed to be updated and modernized; and WHEREAS, this City Council recognizes the importance of ensuring that juveniles are attending school when they should be, alternative schooling or otherwise; and WHEREAS, truant students may be denied an education, may cause the loss of state and federal funding to the detriment of all students, may involve themselves in unsafe or criminal activities affecting the entire community, and may become a burden on police resources; and WHEREAS, U.S. Department of Education study in 1996 indicated that daytime crime dropped 68% after police began citing truant students; and WHEREAS, study in Los Angeles in 1996 detailed a similar drop in school hour crimes (residential burglaries decreased by 8.1%, vehicle burglaries decreased by 12.2%, shoplifting decreased by 18.1%, and overall theft-related crimes decreased by 9.6%) -this decrease was coupled with an increase in school attendance (2.4% in middle schools, and 2.9% in high schools); and WHEREAS, other numerous national studies have cited links between juvenile truancy ordinance enforcement, increased attendance and reduced levels of substance abuse; and WHEREAS, the City of Chula Vista has seen an increase in attendance since the original truancy ordinance was passed in 1998; and WHEREAS, since enforcing the Chula Vista truancy ordinance beginning in 1998 the Chula Vista Police Department has seen a significant drop in the number of citations in recent years indicating the effectiveness of truancy enforcement. .NOW, THEREFORE, with the above recitations contained herein, the City Council of the City of Chula Vista does, hereby, ordain as follows: Section I. That Chapter 9.09 of the Chula Vista Municipal Code, with the above recitations incorporated herein, is hereby amended to read as follows: 11-11 Ordinance No. Page 2 Chapter 9.09 TRUANCY Sections: 9.09.010 Purpose. 9.09.020 Definitions. 9.09.030 Truancy by minors in public places. 9.09.040 Responsibility of parent. 9.09.050 Enforcement procedure. 9.09.060 Penalties. 9.09.010 Purpose. The purpose of this chapter relating to the daytime presence of truant minors outside of school on school days is to reduce the incidence of truancy that plagues our schools and creates a burden upon the health, safety, and welfare of the community. Students absent from school are denied an education; unexcused absences result in a loss of state and federal funding to the detriment of all students; unsupervised students may involve themselves in unsafe activities in residential neighborhoods, business districts, or industrial centers; some unsupervised students may engage in criminal activity to the detriment of the community; and further, some unsupervised students may become a burden on police who must return them to school, wait for parents to pick them up, and investigate any and all criminal activity related to the student's truancy. As a result, therefore, the City Council of the City of Chula Vista finds and determines that a special need exists for the adoption of a city ordinance to prohibit truancy by any minor under the age of 18, who is subject to compulsory education or to compulsory continuation education, with certain specific exceptions set forth herein. In addition, the city council desires to discourage parents from permitting, or by insufficient control, allowing such truancy. It is further the intent of the city council to provide appropriate criminal sanctions against any minor or parent who violates the provisions of this chapter. 9.09.020 Definitions. For purposes of this chapter, the below terms are defined as follows: A. "Altemative education" means an education program authorized pursuant to California Education Code Section 58500, et. seq., and offering an alternative structure, learning philosophy, or academic emphasis than that of traditional public schools. Altemative education is often characterized by responsiveness to instructional style differences, alternative scholastic schedules and small unit size. Alternative education programs include, but are not necessarily limited to, Community Day Middle School, the Portal, Bounce Back and MAST programs of the Sweetwater Union High School District, and others. B. "Compulsory education", "compulsory continuation education" and "compulsory altemative education" mean any educational program authorized by a minor's school district and complying with California's compulsory education law requiring persons between 6 and 18 years of age to attend school full-time unless otherwise exempted. 11-12 Ordinance No. Page 3 C. "Emergency" means a situation in which property or human life is in jeopardy and prompt aid is essential, and includes, but is not limited to, fire, natural disaster, automobile accident, injury to person, and necessity for immediate medical care for another person. D. "Rome school instruction" means any private program of instruction authorized by the Califomia Department of Education that designates the minor's home as a private school in accordance with California Education Code Section 48222, and provides compulsory instruction of the minor in his or her own home. E. "Independent study" means an alternative instructional class or course of instruction authorized by a minor's school district in accordance with California Education Code Section 51745, et seq., and allowing for a minor's independent course of study according to a written agreement and under the general supervision of a credentialed teacher or teachers. F. "Minor" means any person under 18 years of age. G. "Parent" means the biological or adoptive parent of a minor or other lawful guardian. H. "Public place" means any place to which the public has access and includes, but is not limited to, streets, highways, and those areas of schools open to the public, hospitals, office buildings, transportation facilities, shopping centers, and malls. (Ord. 2750 § 1, 1998). I. "Session'' means the hours of expected and established attendance in any week in which a San Diego County school is in session for at least one day. 9.09.030 Truancy by minors in public places. A. It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education to be present in any public place or any place other than the minor's school or home between the hours of 8:30 a.m. and 1:30 p.m. when school is in session for that minor. B. Subsection (A) of this section does not apply under any of the following circumstances 1. When the minor is accompanied by his or her parent or guardian; 2. When the minor is undertaking an emergency errand directed by his or her parent or guardian or when the minor is acting in response to an emergency that threatens the safety or health of another; 3. When the minor is going directly to, or coming directly from, his or her place of school-approved employment; 4. When the minor is going directly to or coming directly from a medical appointment; 5. When the minor has permission to leave the school campus for lunch and has in his or her possession a valid, school-issued, off-campus permit; 11-13 Ordinance No. Page 4 6. When the minor is enrolled in alternative education pursuant to California Education Code Section 58500, et. seq., or continuation education pursuant to California Education Code Section 48400, et seq., and is not otherwise required to attend instruction; 7. When the minor is attending or, going directly to or returning directly from, an official school, religion, government-sponsored activity, or other recreation activity supervised by adults; 8. When the minor is obtaining or providing medical care of a parent or family member; 9. When the minor is registered as a student in an authorized Independent Study class or course of instruction in accordance with California Education Code Section 51745, et seq., and is not otherwise required to attend instruction; 10. When the minor is enrolled in private school, including home school instruction pursuant to California Education Code Section 48222, or is receiving instruction by a qualified tutor pursuant to California Education Code Section 48224, or is otherwise exempt by law from compulsory education or compulsory continuation education, and is not otherwise required to attend instruction; 11. When the minor is at least 16 years old, passed a California High School Proficiency Exam, and has parental consent to permanently leave school in accordance with California Education Code Section 48412; or 12. Is otherwise authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205 or any other applicable state or federal law. 9.09.040 Responsibility of parent. It is unlawful for the parent of any minor to knowingly permit or, by insufficient control, to allow the minor to be in violation of CVMC 9.09.030. 9.09.050 Enforcement procedure. A. Upon any violation of CVMC 9.09.030, a peace officer may issue a citation to the minor and may detain the minor until he or she can be placed in the care and custody of his or her parent or may transport the minor to his or her home or to the school from which the minor is absent. If cited, the minor and a parent shall appear in court as directed in the citation. The parent shall be advised of the fact that the minor was cited for a violation of CVMC 9.09.030. The parent shall be warned of his or her responsibility and liability as the minor's parent. B. If a parent has been previously warned as set forth in subsection (A) of this section, a peace officer may issue a citation for an infraction, in violation of CVMC 9.09.040, to the parent to appear in court. 11-14 Ordinance No. Page 5 C. When a parent has previously been issued a citation for an infraction as set forth in this section, upon any subsequent violation by a parent of CVMC 9.09.040, a peace officer may issue a citation for a misdemeanor to the parent of the minor to appear in court. 9.09.060 Penalties. A. Any parent or minor convicted of an infraction for violation of CVMC 9.09.030 or 9.09.040 may be punished by a fine not exceeding $100.00 for a first violation; $200.00 for a second violation within the 12 calendar months of the first violation; $500.00 for each additional violation occurring after the second violation and within 12 months of any prior violation; and/or by a requirement to perform county, city, or school-approved work projects or community service or both. If required to perform a project or community service, the total time for performance shall not exceed 60 days, during times other than a minor's hours of school attendance or a minor or parent's hours of employment. B. Any parent convicted of a misdemeanor violation of CVMC 9.09.050(C) may be punished by imprisonment in the county jail for a period of time not exceeding six months or by a fine not exceeding $1,000 or both. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication 11-15 Ordinance No. Page 6 The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by David Bejarano Police Chief Approved as to form by j'~ C>-~, Glen R. Googi ~ 1.~ ~J'~7 City Attorney 11-16 i r, 1 ~ J/y ! . ~. IV ! ! re Ce ~ vecP -Frog., Krc~-!a Tenser , pwbl~ c WWW.N000rfeWS.Org ~ March 05, 2013 Chula Vista City Council meeting March 05, 2013 Issue: Truancy (Action Item #li) Good afternoon, Our city's current truancy curfew, implemented back in 1998, is redundant and it violates California's "preemption doctrine". It uses terms that are vague and outdated, its fines are overly punitive, and it is unfair to many non-truant students. The proposed modifications to the truancy curfew only solve two of those problems; the old Exception #6 has now been removed, so that if passed, this curfew will no longer find those non-truant students in violation, and the language in the new curfew has been updated so it is more consistent with today's educational terminology. This new curfew assures that the rights of non-truant students to move about freely in public will no longer be restricted. That is a good thing, and I want to thank the police department for addressing my concerns about that issue. However, the city council could take a more enlightened approach, and.end the daytime curfew altogether, and the exact same results would happen. Our city doesn't need a truancy curfew to give police the authority to detain, question and return truant students back to their schools, and a truancy curfew is not needed to ensure that truants are adequately punished by their schools, because the California Education Code already gives them that authority. California's preemption doctrine says that local governments are not allowed to pass laws addressing a subject that has already been dealt with by the California Legislature, so why do we even have a local truancy curfew? This truancy curfew has never been demonstrated to have any positive effects on our district's truancy rates. The Police Chlef has pointed out that his department recently reduced its daytime curfew enforcement, but it is unreasonable for him to attribute that reduction to a successful curfew. It's true that in 2011, the number of truancy citations issued in our city suddenly dropped by more than 50%, down to 120, but the truancy data for the Sweetwater district during that same time period does not reflect a 50% reduction in truancy...instead it only dropped by 25%, which suggests that our police may have decided to reallocate their resources to other areas. ~PP~e~ Chula Vista City Council: Daytime Curfew Page 1 of 2 www.NoCurtews.org March O5, 2013 The truth is, that this police department is unable to show any direct correlation between the implementation of this curfew, and any downward trend in truancy within our local school districts, because the department's own curfew data collection only goes back as far as 2009, and the district's truancy data only goes back to 2004. In a study that compares five year's of truancy data for four major California school districts, including Sweetwater, there is no correlation between having a municipal truancy curfew and lower truancy rates. Not only has the truancy rate in the Sweetwater district remained quite high, but this data shows that the two school districts with notably lower truancy rates are in cities without daytime curfews. The police department is also unable to prove that this curfew has had any effect on juvenile crime during school hours in our city, so instead, they referenced ashort- term 1996 study provided by the LAPD. A much better example would've been the more thorough and independently conducted Case Study for the City of Monrovia, that concluded there was no reduction in juvenile crime when their daytime curfew was implemented. For those who worry about youth safety during school hours, in 2008, data was collected from San Diego County's Automated Regional Justice Information System that showed the majority of violent crimes committed against youth under the age of 17, actually occurred between the hours of 3 and 4 p.m., a period of time that this curfew doesn't even address. What contemporary research tells us, is that lowering the drop out rate in our schools is a complex problem requiring abroad-spectrum approach involving parents, schools and community-based groups, and simply issuing citations that require courtroom appearances and hefty fines is not the solution, and may actually have the opposite effect. Curfews have had an unpleasant history in our country that have included placing restrictions on the freedoms of African Americans and Japanese, and even on women. Many supporters of curfews have been motivated by emotions, such as distrust, discrimination, and hate. These emotions have no place in public policy or lawmaking, and neither does a juvenile curfew that has never been proven to reduce truancy or crime. Thank you. °'~`~ Chula Vista City Council: Daytime Curfew Page 2 of 2 2009-2011 Juveniles Cited for Daytime Loitering Calendar Year 2009 Race Total BLACK 17 FILIPINO 8 HISPANIC 236 OTHER 9 OTHER ASIAN 6 PACIFIC ISLANDER 1 WHITE 22 2009 Total 299 Calendar Year 2010 Race_ Total BLACK 19 FILIPINO 11 HISPANIC 225 INDIAN 3 OTHER 5 OTHER ASIAN 5 PACIFIC ISLANDER 2 WHITE 34 2010 Total 304 Calendar Year 2011 Race Total BLACK 12 FILIPINO 1 HISPANIC 90 OTHER 1 WHITE 16 2011 Total 120 Calendar Year 2009-2011 Total: 723 Chula Vista Police Department Research & Analysis Unit, M. Culuko July 23, 2012 DO DAYTIME CURFEWS NEGATIVELY AFFECT TRUANCY RATES? For more information visit www.NeCerfews.org 60.00°6 45.00% 30.00 k 15.00% 0% ~ Sfale Average ^ San Frasttiuo Unified (Na) ^ Riverside Unified lre9 -daytime curfew) ~ SUHSD (Yes -daytime arfew) ~ IrvineUnified (No) Unlike the Irvine Unified school district or the San Francisco Unified school district, both the SUHSD and the Riverside Unified school districtare located in communities that have daytime curfews. Soueca: cellfomle Dapartrnen[ of Education pro mast 2006A7 2007-OB 2000.09 2009-10 2010.11 Police and school districts claim that daytime curfews are necessary to combat truancy. There is no hiding the fact that the Sweetwater Union High School District (SUHSD) has a truancy problem, however this five-year comparison between the SUHSD, the state average, and three other school districts in California seems to beg the question of whether a curfew ordinance is helping or hurting the goal of reducing truancy. 1~°umhc~r cif 1%iolent Crimes ~4~it.h Child Victims t~ge~ 0-1,~, ay Time of~D~~y, San Dicgc~ County, ?04$ ~~ c c ~„ a ~~ ~~ ,tlurdcr 4 att0 ~ R:y>c ' rlfl~r:w,7tC(~ aS~1tt11 -i:)q Rnbh~;ry 3C1:~ 30Q z~~~~ ~ ,~,o ~~ 3,~-5.'~9 ant ~?;CIU-l 1:59 sm '3.t)t~-5:"~y ~~at5 9.tk}- I ~:5n }gin ~witln~lil = 2;51 At~~ t~;t?la.~s;5~ atti #t`i~o=2;5~ ism t`~;t~tJ-~:;~+ ~3m Source: The Children's Initiative San Diego County report card on children and families"presented to the Public Safety Committee for San Diego Association of Governments. California Education Code 48264. The attendance supervisor or his or her designee, a peace officer, a school administrator or his or her designee, or a probation officer may arrest or assume temporary custody, during. school hours, of any minor subject to compulsory full- time education or to compulsory continuation education found away from his or her home and who is absent from school without valid excuse within the county, city, or city and county, or school district. California Education Code 48265. Any person arresting or assuming temporary custody of a minor pursuant to Section 48264 shall forthwith deliver the minor either to the parent, guardian, or other person having control, or charge of the minor, or to the school from which the minor is absent, or to a nonsecure youth service or community center designated by the school or district for counseling prior to returning such minor to his home or school, or to a school counselor or pupil services and attendance officer located at a police station for the purpose of obtaining immediate counseling from the counselor or officer prior to returning or being returned to his home or school, or, if the minor is found to have been declared an habitual truant, he shall cause the minor to be brought before the probation officer of the county having jurisdiction over minors. Penalties (Student) The law provides schools and school districts with discretion regarding student penalties for truancy as long as they are consistent with state law. The penalties for truancy for students defined in EC Section 48264.5 become progressively severe from the first the time a truancy report is required through the fourth time a truancy report is required. The EC Section regarding penalties for students who are truant reads as follows: EC Section 48264.5: Any minor who is required to be reported as a truant pursuant to Section 48260 or 48261 may be required to attend makeup classes conducted on one day of a weekend pursuant to subdivision (c) of Section 37223 and is subject to the following: (a) The first time a truancy report is required, the pupil may be personally given a written warning by any peace officer specified in Section 830.1 of the Penal Code. A record of written warning may be kept at the school for a period of not less than two years, or until the pupil graduates or transfers, from that school. If the pupil transfers, the record may be forwarded to any school receiving the pupil's school records. A record of the written warning may be maintained by the law enforcement agency in accordance with that law enforcement agency's policies and procedures. (b) The second time a truancy report is required within the same school year, the pupil may be assigned by the school fo an after school or weekend study program located within the same county as the pupil's school. If the pupil fails to successfully complete the assigned study program, the pupil shall be subject to subdivision (c). (c) The third time a truancy report is required within the same school year, the pupil shall be classified a habitual truant, as defined in Section 48262, and may be referred to and required to atfend, an attendance review board or a truancy mediation program pursuant to Section 48263 or pursuant to Section 601.3 of the Welfare and Institutions Code. If the district does not have a truancy mediation program, the pupil may be required to attend a comparable program deemed acceptable by the school district's attendance supervisor. If the pupil does not successfully complete the truancy mediation program or other similar program, the pupil shall be subject to subdivision (d). (d) The fourth time a truancy is required to be reported within the same school year, the pupil shall be within the jurisdiction of the juvenile court which may adjudge the pupil to be a ward of the court pursuant to Section 601 of the Welfare and Institutions Code. If the pupil is adjudged a ward of the juvenile court, the pupil shall be required to do one or more of the following: (1) Performance at court-approved community services sponsored by either a public or private nonprofit agency for not less than 20 hours but not more than 40 hours over a period not to exceed 90 days, during a time other than the pupil's hours of school attendance or employment. The probation officer shall report to the court the failure to comply with this paragraph. (2) Payment of a fine by fhe pupil of not more than one hundred dollars ($100) for which a parent or guardian of the pupil may be jointly liable. (3) Attendance of acourt-approved truancy prevention program. (4) Suspension or revocation of driving privileges pursuant to Section 13202.7 of the Vehicle Code. This subdivision shall apply only to a pupil who has attended a school attendance review board program, or a truancy mediation program pursuant to subdivision (c). Education Code Penalties (Parent) Penalties against parents apply when any parent, guardian, or other person having control or charge of any student fails to compel the student to attend school. The penalties against parents in EC Section 48293 (a) become progressively severe with a second and third conviction. The EC Section regarding penalties for parents of a truant reads as follows: EC Section 48293 (a): Any parent, guardian, or other person having control or charge of any pupil who fails to comply with this chapter, unless excused or exempted there from, is guilty of an infraction and shall be punished as follows: (1) Upon a first conviction, by a fine of not more than one hundred dollars ($100). (2) Upon a second conviction, by a fine of not more than fwo hundred fifty dollars ($250). (3) Upon a third or subsequent convfction, if the person has willfully refused to comply with this section, by a fine of not more than five hundred dollars ($500). In lieu. of the fines prescribed in paragraphs (1 ), (2), and (3), the court may order the person to be placed in a parent education and counseling program. EC Section 48293 (b): A judgment that a person convicted of an infraction be punished as prescribed in subdivision (a) may also provide for the payment of the fine within a specified time or in specified installments, or for participatioh in the program. A judgment granting a defendant time to pay the fine or prescribing the days of attendance in a program shall order that if the defendant fails to pay the fine, or any installment thereof, on the date it is due, he or she shall appear in court on that date for further proceedings. Willful violation of this order is punishable as contempt. EC Section 48293 (c): The court may also order that the person convicted of the violation of subdivision (a) immediately enroll or re-enroll the pupil in the appropriate school or educational program and provide proof of enrollment to the court. Willful violation of an order under this subdivision is punishable as civil contempt with a fine of up to one thousand dollars ($1,000). An order of contempt under this subdivision shall not include imprisonment. Penal Code Penalties (Parent) In addition to the EC penalties for parents in Section 48293, Penal Code Section 270.1 is effective January 1, 2011 and provides penalties for a parent or guardian of a pupil of six years of age or more who is in kindergarten or any of the grades from one to eight: Penal Code Section 270.1. (a) A parent or guardian of a pupil of six years of age or more who is in kindergarten or any of grades one to eight, inclusive, and who is subject to compulsory full-time education or compulsory continuation education, whose child is a chronic truant as defined in Section 48263.6 of the EC, who has failed to reasonably supervise and encourage the pupil's school attendance, and who has been offered language accessible support services to address the pupil's truancy, is guilty of a misdemeanor punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. A parent or guardian guilty of a misdemeanor under this subdivision may participate in the deferred entry of judgment program defined in subdivision (b). (b) A superior court may establish a deferred entry of judgment program that includes the components listed in paragraphs (1) to (7), inclusive, to adjudicate cases involving parents or guardians of elementary school pupils who are chronic truants as defined in Section 48263.6 of the EC: (1) A dedicated court calendar. (2) Leadership by a judge of the superior court in that county. (3) Meetings, scheduled and held periodically, with school district representatives designated by the chronic truant's school district of enrollment. Those representatives may include school psychologists, school counselors, teachers, school administrators, or other educational service providers deemed appropriate by the school district. (4) Service referrals for parents or guardians, as appropriate to each case that may include, but are not limited to, all of the following: (A) Case management. (B) Mental and physical health services. (C) Parenting classes and support. (D) Substance abuse treatment. (E) Child care and housing. (5) A clear statement that, in lieu of trial, the court may grant deferred entry of judgment with respect to the current crime or crimes charged if the defendant pleads guilty to each charge and waives time for the pronouncement of judgment and that, upon the defendant's compliance with the terms and conditions set forth by the court and agreed to by the defendant upon the entry of his or her plea, and upon the motion of the prosecuting attorney, the court will dismiss the charge or charges against the defendant and the same procedures specified for successful completion of a drug diversion program or a deferred entry of judgment program pursuant to Section 851.90 and the provisions of Section 1203.4 shall apply. (6) A clear statement that failure to comply with any condition under the program may result in the prosecuting attorney or the court making a motion for entry of judgment, whereupon the court will render a finding of guilty to the charge or charges pled, enter judgment, and schedule a sentencing hearing as otherwise provided in this code. (7) An explanation of criminal record retention and disposition resulting from participation in the deferred entry of judgment program and the defendant's rights relative to answering questions about his or her arrest and deferred entry of judgment following successful completion of the program. (c) Funding for the deferred entry of judgment program pursuant to this section shall be derived solely from non-state sources. (d) A parent or guardian of an elementary school pupil who is a chronic truant, as defined in Section 48263.6 of the EC, may not be punished for a violation of both this section and the provisions of Section 272 that involve criminal liability for parents and guardians of truant children. (e) If any district attorney chooses to charge a defendant with a violation of subdivision (a) and the defendant is found by the prosecuting attorney to be eligible or ineligible for deferred entry of judgment, the prosecuting attorney shall file with the court a declaration in writing, or state for the record, the grounds upon which that determination is based. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.