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CITY OF COLTON <br />AGENDA REPORT <br />For City Council Meeting of September 7, 1999 <br />TO: HONORABLE MAYOR & CITY COUNCIL <br />APPROVAL: Henry T. Garcia, City Manage <br />FROM: Patrick G. C(o of of Police <br />SUBJECT: Ordinance amending Colton Municipal Code Section 9.32.030, regarding <br />Daytime Loitering by Minors <br />DATE: August 16, 1999 <br />BACKGROUND: Several years ago, the City adopted a daytime loitering ordinance similar to <br />the City of Monrovia's ordinance. On January 27, 1999, the Los Angeles Superior Court issued <br />a ruling enjoining enforcement of the City of Monrovia's juvenile daytime loitering ordinance <br />(Harrahill v. Santoro, et al., Case No. BC 170089). The court ruled against Monrovia's <br />ordinance because it believed that the ordinance contradicted state law, specifically regarding the <br />ordinance's exceptions for a minor to be out of school. The court said the exceptions in <br />Monrovia's ordinance were too narrow when compared with the California Education Code <br />section 48205. In response, the City of Monrovia has adopted an amended juvenile daytime <br />loitering ordinance, which incorporates the exceptions included in the state Education Code. <br />DISCUSSION/ANALYSIS: Although Colton's ordinance contains more exceptions for <br />juveniles to be absent from school than Monrovia's original ordinance, it does not include all of <br />the exceptions listed in California Education Code section 48205. In light of the Harrahill <br />decision, the City Attorney recommended that the City amend section 9.32.030 of the Colton <br />Municipal Code to reflect the court's ruling. Attached is an amended ordinance which <br />incorporates the state Education Code exceptions, similar to Monrovia's revised ordinance. The <br />City Attorney has reviewed and approved the attached Ordinance. <br />FINANCIAL IMPACT: None. <br />:::L - <br />Patrick G. Cro e, Chief of Police <br />RECOMMENDATION: Approve the proposed ordinance amending section 9.32.030 of the <br />Colton Municipal Code relating to daytime loitering regulations. <br />Attachments: Ordinance No. 0-20-99 <br />Curfewldoc .rw <br />Item #4 <br />