Chapter 9.08 - JUVENILE CURFEW
Sections:
9.08.010 - Short title.
9.08.020 - Definitions.
9.08.030 - Curfew for minors.
9.08.040 - Parental responsibility.
9.08.050 - Procedures.
9.08.060 - Violations—Penalties.
9.08.010 - Short title.
This chapter shall be known and may be cited as the "juvenile curfew and parental responsibility ordinance."
(Ord. 447 § 1, 1997)
9.08.020 - Definitions.
For the purposes of this chapter, the following terms shall have the meanings hereafter stated. When not inconsistent with
the content, the singular shall include the plural, plural shall include singular, masculine shall include feminine, and present
tense shall include future tense. The word "shall" is mandatory and not merely directory:
"Minor" means any person under the age of eighteen (18).
"Parent" means the natural or adoptive mother or father, guardian or other adult person having the legal care, custody or
control of a minor.
"Public place" means any street, alley, highway, sidewalk, park, playground, or other place to which the general public has
access and a right to be for business, entertainment, or other lawful purpose. A public place shall include but not be limited
to any store, shop, restaurant, tavern, cafe, pool room, grocery store, convenience store, fast food franchise or establishment,
shopping center, parking lot, gas station and any other place devoted to use of the general public. It shall also be the immediate
surrounding area of the above.
(Ord. 447 § 2, 1997)
9.08.030 - Curfew for minors.
A. It is unlawful for any minor to be or remain in any public place between the hours of eleven p.m. and six a.m., Monday through
Thursday, and twelve p.m. and six a.m., Friday and Saturday.
B. The provisions of subsection A of this section shall not apply to the following circumstances:
1. When the minor is accompanied by a parent;
2. When the minor is engaged in lawful employment or is traveling by direct route to or from such place of employment;
3. When the minor is on an emergency errand or specific business or activity directed or permitted by his or her parent;
4. If a minor is in a motor vehicle and is engaged in interstate travel with the consent of a parent;
5. When a juvenile is participating, or otherwise involved in any activities protected by the First Amendment of the constitution,
to include but not limited to, study groups, youth vigils, or legal protests.
(Ord. 484 § 1, 1998; Ord. 447 § 3, 1997)
9.08.040 - Parental responsibility.
It is unlawful for the parent of a minor to permit or by inefficient control to allow the minor to be or remain in any public
place in violation of Section 9.08.030.
(Ord. 447 § 4, 1997)
9.08.050 - Procedures.
A. Police officers may stop and question a person they reasonably believe to be a minor in order to obtain the name, address
and age of such person, the nature of his or her presence in a public place, and the name and address of his or her parents.
B. Any officer, upon finding a minor in violation of Section 9.08.030, shall advise the minor to proceed immediately to his/her
place of residence. The police officer may report such action to the parents of the minor, or may report such action to the
police dispatcher, who in turn may notify the parents.
C. If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his or
her correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of curfew,
he or she may be taken to the police department and the parent shall be notified to come and take charge of the minor. If
the parent cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities
or to the children's protective services of the Department of Social and Health Services.
D. If the minor is determined to be in violation of Section 9.08.030 and the police officer has reason to believe the minor is
in danger, the officer may take the minor into protective custody and deliver or arrange to deliver the minor to:
1. The parent; or
2. The police department; or
3. An appropriate facility of the Department of Social and Health Services.
(Ord. 447 § 5, 1997)
9.08.060 - Violations—Penalties.
A. A violation of this chapter shall be a civil infraction, to be heard and determined by district court.
B. All proceedings for responding to a notice of infraction under this chapter and conducting a hearing on any contested notice
of infraction, or a mitigation hearing, shall be the same procedures prescribed for responding to traffic infractions set
forth in RCW Chapter 46.63. If any person issued a notice of infraction fails to respond as required, or fails to appear at
a hearing requested by him or her, the court shall find that the infraction was committed.
C. A person found to have committed an infraction shall be assessed a monetary penalty of no more than twenty-five dollars ($25.00)
for a first offense.
D. For a second or subsequent offense the maximum penalty for each offense that may be assessed is three hundred dollars ($300.00).
E. In all cases where the court determines that an infraction has been committed, court costs shall be assessed in addition to
any monetary penalty.
F. There shall be an additional penalty of twenty-five dollars ($25.00) for failure to respond to a notice of infraction.
G. All monetary penalties imposed pursuant to this chapter shall be payable immediately. If the person who committed the infraction
is unable to pay at that time, the court may, in its discretion, grant an extension of time or allow payment in installments,
or convert penalty to community service hours.
H. All proceedings under this chapter shall be civil in nature.
(Ord. 447 § 6, 1997)