Ord 1773 - AMENDING SECTIONS 17 -3, 17 -4, AND 17 -5 OF THE TOWN CODE TO ADD AN EXCEPTION TO THE EXISTING cURFEW LAW FOR MINORS RETURNING DIRECTLY HOME FROM EVENING ACTIVITIES AND ELIMINATING ARREST PROCEDUREORDINANCE NO: 1773
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS
17 -3, 17 -4, AND 17 -5 OF THE TOWN CODE TO ADD AN EXCEPTION TO
THE EXISTING CURFEW LAW FOR MINORS RETURNING DIRECTLY HOME
FROM EVENING ACTIVITIES AND ELIMINATING ARREST PROCEDURE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION 1
Sections 17 -3, 17 -4 and 17 -5 of the Town Code are hereby
amended to read as follows:
Sec. 17 -3. Curfew - Minors under eighteen; exception.
It shall be unlawful for any minor under the age of
eighteen years to loiter, idle, wander, stroll or play in or
upon the public streets, highways, roads, alleys, parks,
playgrounds or other public grounds, public places and
public buildings, places of amusement and entertainment,
vacant lots or other unsupervised places in the town between
the hours of 10 :00 P.M. and daylight of the following day;
provided, that the provisions of this section do not apply
when the minor is accompanied by his parent, guardian or
other adult person having the care and custody of the minor,
or where the minor is upon an emergency errand or legitimate
business directed by his parent, guardian, or other adult
person having the care and custody of the minor, or where
the minor is returning directly home from a meeting, dance,
entertainment or recreational activity.
Sec. 17 -4. Responsibility of parents, guardians, etc.
It shall be unlawful for the parent, guardian or other
adult person having the care and custody of a minor under
the age of eighteen years to permit such minor under the age
of eighteen years to permit such 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 and public buildings, places of amusement
and entertainment, vacant lots or other unsupervised places in
the Town between the hours of 10:00 P.M. and daylight of the
following day; provided, that the provisions of this section do
not apply when the minor is accompanied by his parent, guardian
or other adult having the care and custody of the minor, where
the minor is upon an emergency errand or legitimate business
directed by his parent, guardian, or other adult person having
the care and custody of the minor, or where the minor is
returning directly home from a meeting, dance, entertainment or
recreational activity.
Sec. 17 -5. Processing minor after detention.
Whenever any police or other officer charged with the
duty of enforcing the laws of the state or ordinances of the
town, discovers or has his attention called to the fact that
any minor under the age of eighteen years is upon the public
streets, highways, roads, alleys, parks, playgrounds or
other public grounds, public places and public buildings,
places of amusement and entertainment, vacant lots or other
unsupervised places in the town between the hours of 10:00
P.M. and daylight of the following day, and that such minor
is not accompanied by his parent, guardian or other adult
person having the care and custody of the minor, or where
the minor is not upon an emergency errand or legitimate
business directed by his parent, guardian, or other adult
person having the care and custody of the minor, or where
the minor is not returning directly home from a meeting,
dance, entertainment or recreational activity, such officer
shall have the authority to make an immediate investigation
for the purpose of ascertaining whether or not the presence
of such minor upon or in any of the places designated is not
prohibited by the provisions of section 17 -3.
-2-
SECTION 2
This ordinance takes effect 30 days after it is adopted.
Within 15 days after this ordinance is adopted the Town Clerk
shall cause it to be published once in a newspaper or general
circulation published and circulated in the Town.
This ordinance was introduced at a REGULAR
meeting of the Town Council of the Town of Los Gatos on
November 21 1988 and adopted by the 11 following vote as
an ordinance of the Town of Los Gatos at a✓ met- ng of the Town
Council of the Town of Los Gatos on December 5th , 1988.
AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferrito,
Robert L. Hamilton and Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS NnnP
ABSTAIN: COUNCIL MEMBERS Rrpnt N VPntllra
ABSENT: COUNCIL MEMBERS Nnnp
SIGNED: A
OR OF THE TOWN O OS GATOS
ATTEST:
DEPUTY CLERK OF THE TOW "F LOS GATOS
-3-