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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-