On June 9, 1997, the United States Court of Appeals for the Ninth Circuit issued its decision in Nunez v. City of San Diego, 114 F.3d 935. The court struck down a curfew ordinance that is almost identical in content with the present curfew ordinance of the city; this despite the fact that the federal district court and state courts had earlier found the ordinance constitutionally acceptable.

    The city council, mindful of the balance of the fundamental Constitutional rights of minors, their parents and the people as enunciated by the court in Nunez, adopts a new ordinance which is more in keeping with the court's decision. (Ord. 554 § 2 (part), 1997)