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!'1 BUTTE COUNTY ORDINANCE NO, ---~-
!2
3 AN ORDIlVANCE AMENDING SECTION 47 OF CHAPTER VII OF ORDINANC
NO, 467, KNOWN AS THE "COUNTY CODE" RELATING TO MINORS LOITER
4 ING IN PUBLIC PLACES DURING CERTA IlV HOURS AND MAKING IT UNLA W-
FUL FOR A NY PERSONS TO ATD MINORS IN VIOLA TIlVG THE PROVISIONS O
5 SAID SECTION AND SETTING FORTH PROCEDURE FOR ENFORCEMENT
THEREOF BY REPEALING AND REENACTING SAID SECTION, AND AS RE-
'6 ENACTED TO BE ENTITLED "CURFEWS, MINORS, PENALTY."
7 The BOARD OF SUPERVISORS of the COUNTY OF BUTTE, State of
8 California, DO ORDA3N AS: FOLLOWS:
g 1, That Section 47 of Chapter VII of Ordinance No. 467, known as
10 the "County Code" be, .and the same is hereby, repealed,
11 2, That Section 47 of Chapter VII of Ordinance No. 46'7, known as the
12 "County Code't be, and the same is hereby, reenacted, and as reenacted shall
13 read as follows:
14 SECTION 47
15 CURFEW,, MINORS,. PENALTY
16 Subdivision (a), It shall be unlawful for any minor under the age of
17 seventeen (17) years to remain or loiter in or on any public street, way, park,
18 square or public place between the hours of 10:00 o'clock p. m„ Pacific
19 Standard Time or 11:00 o'clock p, m., Pacific Daylight Time (whichever is
20 in effect) of any day and 5:00 o'clock a. m., Pacific Standard Time or Pacific
21 Daylight Time {whichever is in effect) of the following day; and for ariy minor
22 over the age of sixteen (16) years and under the age of nineteen (19} years to
23 remain in or on any of the aforesaid places between the hours of 10:00 o'clock
24 p, m., Pacific Standard Time, or 11:00 o'clock p, m., Pacific Daylight Time
25 (whichever is in effect) of any Sunday, Monday, Tuesday, Wednesday or
26 Thursday (unless said day precedes a legal holiday) and 5:00 o'clock a,m„
~7 Pacific Stands Time or Pacific Daylight Time (whichever is in effect) of the
28 following day,-and between the hours of 12:00 o'clock midnight, Pacific Stan--
. 29 dard Time or Pacific Daylight Time (whichever is in effect) of any Friday,
30 Saturday or any night preceding a legal holiday, and 5:00 o'clock a. m.,
31 pacific Standard Time ox~Pacific Daylight Time (whichever is in effect) of the
32 following day unless such minor is accompanied by a parent, guardian or
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adult person having the care or custody of such minor. .This. section shall
not apply to such minor actively proceeding to or from any place of business,
amusement, worship,-or other legitimate activity.
Subdivision (b). Any person assisting, aiding, abetting or encouraging
any minor under the age of nineteen (19) years to violate the provision of
Subdivision (a) hereof shall be guilty of a misdemeanor; and when any minor
is found violating the provisions of Subdivision (a) a presumption shall arise
that the parent or legal guardian having the care and custody of said minor
assisted,. aided, abetted and encouraged said minor in so violating said Sub-
division (a),
Subdivision (c). It shall be the duty of the arresting officer to cause
to be issued and served upon the. parent or .guardian of any minor arrested
pursuant to the provisions of this section a written notice requiring said
parent or guardian to appear, before the Justice Court of the Judicial District
in which such arrest is made, at a time, and. place to be specified in said
notice, to show cause why said parent or guardian should not be charged with
assisting, aiding, abetting or encouraging said minor to violate this Ordinance,,
or to come within the provisions of.Section 7~2 of the Welfare & Institutions
Code of the State of California. Any.person wilfully failing to respond to such
notice ishall be guilty of a misdemeanor, regardless of the disposition of the
charge on which he or she may have been cited to appear,
Any notice to be served upon the parent or guardian pursuant to this
section may be served personally on said person, or may be deposited in a
United States Post Office, registered or certified- mail, return receipt re-
quested, addressed to said parent or guardian at the-place of residence, and
with the proper amount of postage prepaid thereon, If said notice is delivered
personally to said parent or guardian, the service. shall be deemed complete
upon the delivery thereof, but if such notice was served by mail, such ser-
vice shall be complete five (5.) days after the mailing of such notice.
Subdivision (d). Any minor violating this Ordinance shall be guilty
of a misdemeanor.
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', This Ordinance shall take effect thirty (30) days -after its passage, and
before the expiration of fifteen (15) days after its passage it shall be published
with the names of the Supervisors voting for and against the sam e, for at
least one (1} week in some newspaper published in the County of Butte, State
of California.
PASSED AND ADOPTED this 21st, day of October, 1957.
A YES: Alexander,. Black, Kepple and Chairman Huggins
NOES: None.
A BSENT: Squires
A TTEST:
HARRIETT JAMES, Butte County
Clerk and ex-officio Clerk of the
Boar,~l of Supervisor ~~
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