Chapter 9.30CURFEW

Sections:

9.30.010
Purpose.
9.30.020
Definitions.
9.30.030
General prohibition.
9.30.040
Exemptions.
9.30.050
Authority to enforce.
9.30.060
Violation – Penalty.
9.30.010Purpose.

A. The city council of the city has determined that it is generally contrary to the well-being of juveniles to be outside their residences in the late night and early morning hours unsupervised and with no specific purpose.

B. In order to protect those juveniles who are not subject to adequate parental control from harm to themselves or others or the property of others and to foster better parental responsibility among the parents and guardians of juveniles found with the city, some regulation of parental control of juvenile children is appropriate.

C. Control of parents and guardians of juveniles who are in danger of harm to themselves and others based on certain proscribed conduct is to be accomplished to achieve better protection of the community and the juveniles.

D. The city council has received information from the police department that juveniles who are not adequately supervised by their parents and/or guardians have become engaged in criminal activity at certain times and within certain areas of the city. It is the intent of this chapter to impose control upon the parents and/or guardians of juveniles who are present at certain times and certain places within the city to protect those juveniles and the community.

(Ord. 1022 § 1 (part), 1995)

9.30.020Definitions.

For the purpose of this chapter, the following words shall have the following meanings:

“Allow” includes those situations where the parent has failed to monitor or account for the child’s location between the hours of ten p.m. to five a.m. on school nights and between twelve a.m. and five a.m. other nights.

“Child” or “juvenile” means any unemancipated person, male or female, under the age of eighteen years.

“Parent” means the mother, father or both (both being referred to in singular as “parent”), guardian or other adult person having the legal care, custody or control of a child.

“Returning home” means traveling, walking, biking or otherwise moving from the point of departure to a child’s home or the residence of the person having the care, custody or control of said child for that evening. Said movement shall be directly from the point of departure to the destination to be accomplished within a reasonable period of time.

“School nights” means any night or early morning hours immediately preceding a regular school day as scheduled by the Cle Elum-Roslyn School District.

(Ord. 1022 § 1 (part), 1995)

9.30.030General prohibition.

No parent or custodian shall allow or permit any child he or she is responsible for to remain in or upon the public streets, roadways, alleys, parks, playgrounds or cemeteries, or in or upon private property, other than the child’s usual place of residence, which is unoccupied, vacant, abandoned, or is not otherwise supervised by a reasonable adult between the hours of ten p.m. to five a.m. on school nights and between eleven p.m. and five a.m. on nonschool nights, except as otherwise permitted under the provisions of this chapter.

(Ord. 1046 § 1, 1996: Ord. 1022 § 1 (part), 1995)

9.30.040Exemptions.

A parent or guardian of the following juveniles shall be exempt from the enforcement provision of this chapter:

A. Juvenile accompanied by his or her parent or guardian;

B. A juvenile engaged in lawful employment;

C. A juvenile on an errand or on legitimate business pursuant to instructions for his or her parent or guardian;

D. A juvenile involved in an emergency concerning the person or property of himself, herself or another;

E. A juvenile returning home from school or church sponsored activities or from other activities supervised by an adult. The term “returning home” means immediately and directly after participation in such activity, without a broken chain of sequences and time between the end of such event and the time such juvenile returns to his or her residence or such other place as shall be authorized by his or her parent.

(Ord. 1022 § 1 (part), 1995)

9.30.050Authority to enforce.

Law enforcement officers of the city shall have authority to reasonably stop and momentarily detain a juvenile to obtain his or her name, age and address, as well as the name and address of his or her parent or guardian whenever said law enforcement officer shall reasonably suspect that the parent of such juvenile is in violation of this chapter. Upon determination that the parent or guardian of such juvenile is in fact in violation of this chapter, the law enforcement officer shall direct or deliver the juvenile to the residence of his or her parent or guardian.

(Ord. 1022 § 1 (part), 1995)

9.30.060Violation – Penalty.

A. Upon a parent or guardian’s first violation per child, notice thereof shall be given to the parent or guardian and a record of the violation shall be recorded with the police department. Upon the second violation involving the same child, a notice of infraction shall be served on the parent or guardian requiring the parent or guardian to appear for a hearing to be held in the municipal court, at which time the parent shall appear and answer to the charge of violating this chapter. Upon determination by the court that a second violation has occurred involving the same child, a fifty dollar penalty shall be imposed upon the parent with all required surcharges and assessments. Upon a third violation involving the same child, the parent or guardian shall be subject to a one hundred dollar penalty together with all required surcharges and assessments. Upon a fourth or subsequent violation involving the same child, the parent or guardian shall be subject to a two hundred fifty dollar penalty together with all required surcharges and assessments.

Enrollment in, and successful completion of a parenting improvement course, and or family counseling course approved by the municipal court may be imposed by the court in lieu of one penalty for violation per child. The costs of said course shall be the responsibility of the parent or guardian electing for this alternative. A certificate of successful completion of said course shall be provided to the court on completion of said course and the time limit for said course shall be set by the court upon recommendation of the counselor or instructor for the course.

B. The police department shall maintain a record of all juveniles found in those locations and at those times prohibited by this chapter. Such a record shall be conclusive proof that a juvenile has previously been the subject of inquiry pursuant to this chapter.

The police department shall maintain a record of all parents or custodians contacted and determined to have violated this chapter. Such list shall be made available to any juvenile court or child welfare or child-protective agency upon request.

C. Any parent or guardian unable to control the whereabouts and activities of a juvenile in their care, custody or control shall contact the police department and report such juvenile as possibly appearing in locations and at times that violate this chapter. In such case, the parent or guardian shall not be responsible for actions of the juvenile for the purposes of this chapter, but the police department may consider reporting such juvenile to the Department of Social and Health Services as a dependent or runaway child.

D. At the time the police department issues a warning or notice of infraction to any parent or guardian for violation of this chapter, the police department may consider reporting the circumstances of such juvenile as needing the intervention of child protective services.