Chapter 9.15
PARENTAL RESPONSIBILITY

Sections:

9.15.010  Title.

9.15.020  Definitions.

9.15.030  General provisions.

9.15.040  Exemptions.

9.15.050  Authority to enforce.

9.15.060  Violation – Penalty.

Prior legislation: Ords. 7, 112 and 156.

9.15.010 Title.

This chapter shall be known as the “parental responsibility chapter.” (Ord. 394 § 1, 1991)

9.15.020 Definitions.

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

(1) “Child” means an unemancipated person, male or female, who is not married, and is under the age of 18 years.

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

(3) “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, without a broken chain of sequences. Said movement shall be directly from the point of departure to the destination, to be accomplished within a reasonable period of time. (Ord. 394 § 2, 1991)

9.15.030 General provisions.

No parent shall allow his or her child to remain in, on, or occupy any area of the public streets, roads, alleys, parks, playgrounds, any other public grounds, places of amusement, places of entertainment, commercial establishments or any unsupervised area between the hours of:

(1) Monday – Thursday: 10:00 p.m. – 5:00 a.m.

(2) Friday – Sunday: 12:00 midnight – 6:00 a.m. except as followed under this chapter. (Ord. 394 § 3, 1991)

9.15.040 Exemptions.

A parent of the following children shall be exempt from the enforcement provisions of this chapter:

(1) A child accompanied by his parent;

(2) A child engaged in lawful employment;

(3) A child on an errand or on legitimate business pursuant to instructions from his parent;

(4) A child involved in an emergency concerning the person or property of himself or another;

(5) A child returning home from school or church-sponsored activities, or from other activities supervised by an adult. (Ord. 394 § 4, 1991)

9.15.050 Authority to enforce.

Law enforcement officers of the town of Twisp shall have authority to reasonably stop and momentarily detain a child to obtain his or her name, age and address, as well as the name and address of his or her parent whenever said law enforcement officer shall reasonably suspect that the parent of such child is in violation of TMC 9.15.030. Upon determining that the parent of such child is in fact in violation of TMC 9.15.030 and not exempt under TMC 9.15.040, the law enforcement officer shall direct or deliver the child to the residence of his or her parent, if reasonably possible, or, if the circumstances indicate, take custody and place the child in accordance with RCW 13.32A.050(2) and/or 13.32A.060 for the safety and in the best interests of the child's well being and welfare. (Ord. 394 § 5, 1991)

9.15.060 Violation – Penalty.

(1) Violation of this chapter shall be a civil infraction upon a parent's first violation, and notice thereof shall be given to the parent. Said notice shall inform the parent or custodian of the following:

(a) The location of where the child was found;

(b) The date and time the child was found;

(c) The location of the residence where the officer took the child for safety, or in the case of placement of the child through Child Protective Services, the telephone number of Child Protective Services;

(d) A warning that the parent or custodian was in violation of this chapter, a copy of which shall be attached to said notice.

The law enforcement officer shall maintain a record of any such violation and the notices given as a result thereof.

(2) Upon a second violation, a summons shall be served on the parent and a hearing shall be held before the town municipal court, at which time the parent shall appear and answer to the charge of violating the provisions of this chapter. Upon a determination by the court that a second violation has occurred, a civil penalty of not less than $25.00 nor more than $300.00 shall be imposed upon the parent. Upon a third or subsequent violation involving the same child, the parent shall be subject to a civil penalty of not less than $50.00 nor more than $300.00. (Ord. 394 § 6, 1991)