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Laguna Beach : City’s Curfew Ordinance Changes With the Times

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The City Council has given initial approval to changes in a seldom-used curfew ordinance that will make the law more enforceable.

The city has had a curfew law on its books since 1963 that forbids youths under 18 from loitering or playing in public areas between 10 p.m. and 6 a.m.

Similar laws have been found unconstitutional by state and federal courts, however, because the ordinances did not state clearly enough what actions were prohibited and because they did not provide for enough legal exceptions.

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Curfew laws that make exceptions for constitutionally protected activities--such as school meetings or sporting events, religious meetings or work-related travel--have been upheld by the courts. Newport Beach amended its ordinance last year to comply with those rulings, and police there used the new law to stop hordes of teen-agers from gathering near the Balboa Pier.

Laguna’s new ordinance is similar to Newport Beach’s, but its curfew hours are staggered for different ages. Minors under 14, for instance, still may not loiter after 10 p.m., but youths 15 and 16 years old would not be violating the law until 11 p.m.; 17 year-olds would face a midnight deadline.

In his report to the council, Police Chief Neil Purcell said the later curfew hours reflected his belief that “local minors and those that visit Laguna tend to be somewhat more mature and responsible than in other jurisdictions.”

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