Chapter 10.62
JUVENILE CURFEW ORDINANCE

Sections:

10.62.010    Short title.

10.62.020    Definitions.

10.62.030    Curfew for minors.

10.62.040    Parental responsibility.

10.62.050    Procedures.

10.62.060    Violations.

10.62.070    Severability of provisions.

10.62.010 Short title.

This chapter shall be known and may be cited as the “juvenile curfew and parental responsibility ordinance.” [Ord. 10514 § 1, 1994; Ord. 10363, 1992].

10.62.020 Definitions.

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word “shall” is always mandatory and not merely directory.

“Central business district (CBD)” is the area bounded by the streets hereafter named, including said streets and their abutting sidewalks: Chestnut to Bay; Bay to Prospect; Prospect to Flora; Flora to York; York to Ellis; Ellis to Chestnut. A map of the aforesaid areas is Map 10.62.020 and is intended for illustrative purposes only.

“Guardian” is any person over the age of 18 who is in loco parentis to a juvenile.

“Minor” is any person 15 years of age or younger.

“Parent” is the natural or adoptive parent of a minor.

“Public place” shall mean any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include front or immediate area of the above.

Map 10.62.020

[Ord. 10363, 1992].

10.62.030 Curfew for minors.

A. No minor 15 years or younger shall be in or remain in any public place in the CBD between the hours of 10:00 p.m. and 5:00 a.m., Sunday through Thursday, and between the hours of 11:00 p.m. and 5:00 a.m., Friday through Saturday.

B. During school vacations and holidays, and on nights preceding school vacations and holidays, Friday and Saturday curfew hours shall be in effect.

C. The provisions of subsections (A), (B) and (C) of this section shall not apply to the following circumstances:

1. When the minor is accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor.

2. When the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor.

3. When the presence of the minor is connected with or required by some legitimate employment, trade, profession or occupation and the minor is traveling by direct route to or from such place of employment, trade, profession, or occupation.

4. When the minor is in a motor vehicle and engaged in interstate travel with the consent of a parent, guardian or other adult person having custody or control of such minor.

5. When the minor is within one block of his/her legal residence.

6. When the minor is traveling by direct route to or from an activity including, but not limited to, a dance, theater presentation, and sporting events. Minors who attend such activities shall return to their homes or usual places of abode within one-half hour after the activity has ended.

7. When the minor, or a group of minors, has been authorized by special permit obtained from the chief of police to be in the CBD during curfew hours for circumstances not provided for by the other exceptions set forth in this chapter. [Ord. 10514 § 2, 1994; Ord. 10363, 1992].

10.62.040 Parental responsibility.

It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor to permit or by inefficient control to allow such person to be or remain in any public place in the CBD in violation of BMC 10.62.030. [Ord. 10363, 1992].

10.62.050 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 business in the CBD, and the name and address of his or her parent, guardian or other adult person having custody or control of such person. Any police officer, upon finding a minor in violation of BMC 10.62.030, shall advise the minor that he or she is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the police department or dispatch, who in turn shall notify the parents, guardian or person having custody or control of such minor by sending a written notice of the violation. The police department shall maintain a record of any such violation and the written notices given as a result thereof.

B. Upon finding probable cause to believe that a minor is in violation of the curfew for a second time, a citation shall be issued to the parent, guardian or other adult person having the care and custody of such minor charging that person with a violation of the ordinance.

C. If the minor is found in the CBD in violation of BMC 10.62.030 and the police officer reasonably believes, considering the minor’s age, the location, and the time of day, that a minor is in circumstances which constitute a danger to the minor’s safety, the officer may take the minor into protective custody and deliver or arrange to deliver the minor either to:

1. The minor’s parent, guardian, or other adult person having custody or control;

2. The police department;

3. An appropriate facility of the Department of Social and Health Services. [Ord. 10514 § 3, 1994; Ord. 10363, 1992].

10.62.060 Violations.

A. A violation of the provisions of this chapter is designated as a civil infraction. All violations may be heard and determined by the municipal court.

1. A law enforcement officer has the authority to issue a notice of infraction when the infraction is committed in the officer’s presence or if an officer, upon investigation, has reasonable cause to believe that a person has committed a violation of this chapter.

2. The court may issue a notice of infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.

3. The notice of infraction shall be in substantially the same form as prescribed in RCW 7.80.070 for civil infractions.

B. The procedure for responding to a notice of infraction under this chapter shall be the same procedure prescribed for responding to civil infractions set forth in Chapter 7.80 RCW. Any person who receives a notice of infraction shall respond in the manner prescribed in RCW 7.80.080. If any person issued a notice of infraction fails to respond to the notice as provided in RCW 7.80.080(5), or fails to appear at a hearing requested pursuant to the procedure outlined in RCW 7.80.080(3) or (4), the court shall enter an appropriate order assessing the monetary penalty prescribed for the curfew infraction.

C. Procedures for the conduct of all hearings provided for in this chapter shall be in accordance with the procedures for hearings established in RCW 7.80.080 through 7.80.110.

D. 1. A person found to have committed an infraction shall be assessed a monetary penalty. No penalty may exceed $250.00 for each offense.

2. There shall be a penalty of $25.00 for failure to respond to a notice of infraction.

3. Whenever a monetary penalty is imposed by the court under this chapter, it is immediately payable. If the person is unable to pay at that time, the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments.

E. All proceedings under this chapter shall be civil in nature. [Ord. 10514 § 3, 1994; Ord. 10363, 1992].

10.62.070 Severability of provisions.

Each separate provision of this chapter shall be deemed independent of all other provisions. If any provisions of this chapter, or part thereof, be declared invalid, all other provisions, or parts thereof, shall remain valid and enforceable. [Ord. 10363, 1992].