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HomeMy WebLinkAboutOrdinance 96-12 ORDINANCE NO. 96-12 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO ADOPTING A CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE REGARDING A JUVENILE CURFEW; PROVIDING FOR AUTHORITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR VIOLATIONS WHICH WOULD IMPOSE A JUVENILE CURFEW IN CERTAIN AREAS OF THE CITY BETWEEN 12:01 A.M. AND 6:00 A.M. OF EACH DAY; PROVIDING FOR EXCEPTIONS AND DEFENSES TO VIOLATIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENAL TIES; PROVIDING FOR DUTIES OF PARENTS AND VIOLATIONS OF PARENTAL DUTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida, has determined that the City has a compelling interest in promoting parental control of, and responsibility for, minor children, and in protecting juveniles from victimization by, and exposure to, criminal activity; and WHEREAS, the City Commission of the City of Ocoee, Florida, has further determined that the City has a compelling interest in protecting minors and reducing crime and violence committed by minors within the City; and WHEREAS, the Ocoee City Commission has reviewed information provided by the Chief of Police on the involvement of juveniles in criminal activity within the City, including the times and locations of such activity; and WHEREAS, the Ocoee City Commission has determined that its compelling interests will be significantly furthered by a juvenile curfew that is limited to the hours and the geographical areas of the City within which crime presents the greatest danger to minor persons. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. The City Commission of the City of Ocoee, Florida, has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, and Chapters 166 and 877, Florida Statutes. SECTION TWO. A Chapter 66 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: CHAPTER 66 JUVENILE CURFEW SECTION 66.1. Definitions. For the purposes of this Chapter, the following terms shall have the meanings set forth in this section: A. "Chief of Police" means the Chief of Police of the City of Ocoee, Florida, or a designated representative. B. "Direct Route" means the shortest reasonable path of travel to reach a final destination without any detour or stop along the way. C. "Emergency" means an unforeseen combination of circumstances which results in a situation that requires immediate attention to care for or prevent serious bodily injury, loss of life, or significant property loss. The term includes, but is not limited to, a fire, a natural disaster, or an automobile accident. D. "Establishment" means a privately owned place of business to which the public is invited, including, but not limited to, a place of amusement or entertainment. E. "Holding Location" means a place designated by the Chief of Police to which a minor taken into custody for a violation of this Chapter may be delivered to await pick up by a parent or juvenile authorities. F. "Minor" or "Juvenile" means any person under eighteen (18) years of age. G. "Parent" means a person who has legal custody of a minor as a: (1) natural, adoptive or foster parent; or (2) court-appointed guardian; or (3) court-appointed legal custodian; or (4) person who stands in loco parentis to the minor. H. "Public Place" means a place to which the public has access, including, but not limited to, streets, alleys, highways, parking lots, sidewalks, playgrounds, public parks, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, and shops. I. "Remain" means to stay unnecessarily in a particular place. 2 J. "Restricted Areas" means the following areas within the City of Ocoee, Florida: (1) Public places and establishments located within City of Ocoee Police Department District 5, being more particularly described as being bordered on the west by East Crown Point Road, on the south by Silver Star Road, on the east by Bluford A venue north of Silver Star Road, and on the north by no particular road but forming a boundary inclusive of the following streets: Pine St. Silver Star Rd Extension Palm Dr. N. Kissimmee Ave. Sundial Key N. Cumberland Ave. Sandollar Key Bluford Ave., north of Silver Star Rd. Cockles Key South Circle Key Dr. Coquina Key North Circle Key Dr. Periwinkle Key East Circle Key Dr. West Circle Key Dr. Shell Key Ct. Eagle Key Ct. Harbor Key Ct. Cedar Key Ct. Pine Key Ct. Sunset Key Ct. Siesta Key Ct. Buck Key Ct. Deer Key Ct. Cypress Key Ct. Conch Key Ct. Sandy Key Ct. (2) Public places and establishments located within City of Ocoee Police Department District 6, being more particularly described as being bordered on the west by Bluford A venue north of Silver Star Road, on the south by Silver Star Road, on the east by Ocoee Hills Road, and on the north along Flewelling Drive and Central Park, forming a boundary inclusive of the following streets and Central Park: 3 West Ave. Spring St. Hill Ave. Orange Ave. Cardinal St. Jay St. Starke Lake Circle Alaska Dr. Hawaii Dr. Center St. Apricot Dr. Pinewood Lane Lyman St. Charles St. N. Lee St. Rewis Ave. Kelly Cove Robert's Rise Mack St. Security Circle Mobile Lane Burnt Tree Ct. Oakwood Ln. Reba Ocoee Hills Rd. K. "Restricted Hours" means 12:01 a.m. until 6:00 a.m. of each day. SECTION 66.2. Violation. Except as provided below in Section 66.3, a minor shall not enter or remain within the restricted areas during the restricted hours. SECTION 66.3. Exceptions and Defenses. It shall not be a violation of Section 66.2 if the minor is: (a) Accompanied by the minor's parent. (b) In a motor vehicle traveling on an interstate highway. (c) Engaged in an employment activity, or using a direct route to or from a place of employment. (d) Reacting or responding to an emergency. (e) Attending or traveling to or from, by direct route, an official school, religious, or recreational activity, that is supervised by adults and is 4 sponsored by a governmental entity, civic or religious organization or other similar entity that accepts responsibility for the juvenile as an invitee. (0 Attending or traveling directly to or from an activity that involves the exercise of rights protected under the First Amendment of the United States Constitution. (g) Attending or returning home, by direct route, from an organized event held at and sponsored by a theme park or entertainment complex as defined in ~ 509.013(9), Florida Statutes. (h) A member of the United States armed forces and on active duty. SECTION 66.4. Enforcement. (a) A law enforcement officer, upon finding a minor in violation of this Chapter, shall: (1) Order the minor to leave the restricted areas for the remainder of the restricted hours; or (2) Take the minor into protective custody if the officer has reasonable grounds to believe that the minor has been abandoned or neglected, or is in immediate danger from his or her surroundings and that removal is necessary for the minor's own protection. (b) When a minor is taken into custody, under Section 66.4(a), by a law enforcement officer, he or she shall deliver the minor to a holding location or other facility as provided for by Chapter 39, Florida Statutes. After recording pertinent information about the minor, the law enforcement officer shall attempt to contact the parent of the minor and, if successful, shall request that the parent take custody of the minor and shall release the minor to the parent unless there is another charge pending against the mIllor. SECTION 66.5. Penalties. (a) A minor who violates this Chapter shall receive a written warning for his or her first violation. 5 (b) A minor who violates this Chapter after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation. SECTION 66.6. Duty of parent: penalties. (a) The parent of a minor has a legal duty and responsibility to ensure that the minor does not violate this Chapter. (b) The parent of a minor has a legal duty and responsibility to personally supervise, or arrange for a responsible adult to supervise, the minor so that the minor does not violate this Chapter. (c) The parent of a minor who knowingly permits the minor to violate this Chapter shall receive a written warning for a first violation. A parent who knowingly permits the minor to violate this Chapter after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation. SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION FOUR. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION FIVE. Effective Date and Sunset Date. 6 This ordinance shall become effective thirty (30) days after the adoption of this Ordinance. This ordinance shall sunset and no longer be of any force and effect one year from the Effective Date of this Ordinance unless reenacted by an ordinance of the City. PASSED AND ADOPTED this 20th day of August, 1996. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA , <;- 1\ ..... [' I c-,.. c c,/,& 0./ ~,-V'(z.\ ",vi '/ S. Scott Vandergrift, May ,; / (SEAL) ADVERTISED August 8, 1996 READ FIRST TIME August 6, 1996 READ SECOND TIME AND ADOPTED August 20, 1996. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND..d LEGALITY THIS [k) DAY OF rr~1-; 1996. ~ FOLEY & LARDNER f~)~ By: APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON August 20, 1996 UNDER AGENDA ITEM NO. V B. Paul E. Rosenthal City Attorney C:\WP51\DOCS\OCOE\CURFEWl.NEW i 8/21/961 DEBBIEH I PER:dh 7