Curfew Switched to 10 p.m. in Surprise Newport Vote

Supporters of the 11 p.m. curfew tentatively adopted by Newport Beach two weeks ago expressed disappointment Tuesday at the City Council’s surprise switch to a 10 p.m. curfew.

“I was a little surprised myself,” said Councilman Bill Agee, who voted against the 10 p.m. ordinance at Monday night’s council meeting. “I knew that some people favored the 10 p.m. curfew, but I was surprised the majority of the council was so adamant about getting it passed.”

Agee said the council’s action may produce some resentment from youths who testified before the council two weeks ago in favor of the later curfew.

“I like to keep good faith all-around, and I feel that we lost some of that faith with the kids,” he said. “I’m sorry that happened.”

Although an emergency 11 p.m. curfew was unanimously approved July 8 and went into effect as soon as the council voted, a permanent version of the law still required a final vote before it could become effective. In its 4-3 vote Monday, however, the council shifted gears and rejected the 11 p.m. curfew, adopting instead the 10 p.m. proposal of Councilman John Cox.

The 11 p.m. curfew will remain in effect until a permanent curfew law goes into effect, possibly in September.

“I’m very disappointed. I think it’s a slap in the faces of the young people who tried to make it work,” said Councilwoman Jackie Heather, who originally proposed the 11 p.m. curfew.

However, supporters of the earlier curfew, including Councilman Evelyn Hart, said 10 p.m. was better because it would permit police to clear the streets earlier and is consistent with curfew ordinances in other areas.

“Normal hours for a curfew are 10 p.m. I’ve always been a supporter of a 10 p.m. curfew,” Hart said. “It’s a reasonable time for all juveniles to be off the streets unless they’re going somewhere.”

Under enforcement guidelines established by Newport Beach police, officers are required to warn loitering juveniles of the curfew and give them an opportunity to move on. If an officer spots the youth a second time, the violator can be arrested.

Police Schedules Involved

Because police shifts change at midnight, an 11 p.m. curfew doesn’t permit police officers to properly enforce the curfew, Hart said. “The new officer coming on duty doesn’t know who’s been told to leave. It just doesn’t flow smoothly,” she said.

Newport Beach passed a curfew ordinance in 1949, but it fell into disuse in the late 1970s because of concern about its constitutionality. But complaints of mischief and vandalism from businesses and residents of the Balboa Peninsula, where as many as 1,000 teen-agers congregate on a weekend night, prompted the council last month to give the curfew a second look.

The updated curfew attempts to avoid legal entanglements by creating broad exceptions to the rule prohibiting minors from loitering in public after 10 p.m.

Theatergoers and youths who are involved in school- or church-related activities, or who are engaged in other “constitutionally protected” activities, are exempt from the law, as are those who are with their parents or whose jobs require them to be out at night.

Two Arrests Made

Despite speculation that the 11 p.m. curfew would spark confrontations between police and juveniles, police have been able to enforce the law with ease on recent weekends, and only two curfew arrests have been made since the ordinance was adopted.

Charles Gross, Newport Beach’s police chief, said Tuesday he thinks the 10 p.m. curfew “has a better opportunity of meeting the needs of the people.”

According to Gross, the hours leading up to 2 a.m. are particularly critical for police officers, who have to cope with more serious crimes as the night wears on. Early enforcement of the curfew, he said, would free police to deal with bigger problems and would not be as draining on their time.

Because Newport Beach’s City Charter requires that all ordinances undergo two readings and votes before becoming law, opponents of the 10 p.m. curfew will have an opportunity to address the council Aug. 12, when it will take a final vote on the 10 p.m. curfew.

Opposition by Teen-Ager

Viktoria Murray, a 16-year-old Fountain Valley resident who spearheaded teen-age support for the 11 p.m. curfew, said she plans to bring a group of teen-agers to the Aug. 12 meeting to register opposition to the 10 p.m. curfew.

“I think if we had been there last night, we might have been able to sway them, but it’s nice they give you two chances,” she said. “We’ve worked too hard for this to let it go down for nothing. There are too many good kids out there to go home at 10 p.m.”

Even if the 10 p.m. curfew is approved Aug. 12, it would not take effect until 30 days later, leaving the 11 p.m. emergency law on the books for the rest of the summer.

“The real key months are July and August, but the 11 p.m. curfew will remain the law until Sept. 12,” said Councilman Don Strauss, an opponent of the early curfew. “Basically, it’s going to be an 11 o’clock summer.”