Chapter 9.68
CURFEW
Sections:
9.68.050 Temporary custody procedure.
9.68.060 Third party liability.
9.68.010 Curfew.
No minors under the age of 18 years of age shall be upon any public street, highway, alley, park or other public place within the corporate limits of the city between the hours of 11:00 p.m. until 5:00 a.m., Sunday through Thursday, and between the hours of 12:00 a.m. (midnight) until 5:00 a.m., Friday through Saturday.
(1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the city during curfew hours.
(2) A parent or guardian of a minor commits an offense if he or she knowingly permits or, by insufficient lawful control, allows the minor to remain in any place or on the premises of any establishment within the curfew hours.
(3) A parent or guardian commits an offense if he or she fails to appear to take the minor into custody after contact by the Westport police department pursuant to the temporary custody procedures as herein defined.
(4) A person or operator as defined herein commits an offense if that person or operator encourages or affirmatively facilitates a violation of this chapter by a minor. (Ord. 1009 § 1, 1995)
9.68.020 Definitions.
As used in this chapter:
“Curfew hours” means 11:00 p.m. until 5:00 a.m., Sunday through Thursday, and between the hours of 12:00 a.m. until 5:00 a.m., Friday through Saturday.
“Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
“Establishment” means any privately owned place of business operated for profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
“Extended family members” means grandparents, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin who is not a minor and with whom the minor (child) has a relationship and is comfortable with and who is willing and available to care for the child.
“Guardian” means: (1) a person who under court order is the guardian of the person of a minor, or (2) a public or private agency with whom a minor has been placed by the court, or (3) a person at least 18 years of age who is authorized by a parent or guardian to have the care and custody of a minor.
“Minor” means any person under 18 years of age.
“Operator” means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment open during curfew hours. The term includes the members or partners of an association or partnership and the officers of the corporation.
“Parent” means a person who is a natural parent, an adoptive parent, foster parent, or step-parent of another person.
“Public place” means any place or area to which the public or a substantial group of the public has access and is generally visible to public view and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food and drink and provide entertainment and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
“Remain” means to: (1) linger or stay, or (2) fail to leave the premises or location when requested to do so by a police officer or the owner/operator or other person in control of a premises.
“Serious bodily injury” means bodily injury which creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ. (Ord. 1009 § 2, 1995)
9.68.030 Exemptions.
The provisions of this chapter shall not apply in the following situations:
(1) At any time the minor is accompanied by his or her parent, legal guardian, or other responsible person who is over the age of 21 and approved by the minor’s parent, guardian, custodian or other adult person having custody or control of such minor to accompany said minor;
(2) If the minor is on an errand as directed by his or her parent, guardian, custodian or other adult person having custody or control of such minor;
(3) If the minor is legally employed, for the period of one-half hour before to one-half hour after work, or going directly between his or her home and place of employment. This exception shall also apply if the minor is in a public place during curfew hours in the course of his or her employment;
(4) The minor is within one block of his or her residence;
(5) If the minor is coming directly home from an adult organized/supervised activity or a place of public entertainment such as a movie, play or sporting event. This exception will apply for one-half hour after the completion of such event;
(6) If the minor is on an emergency errand directed or permitted by his or her parent, guardian, custodian or other adult person having custody or control of such minor;
(7) If a minor is traveling by direct route to or from an event sponsored by an accredited educational institution;
(8) If the minor is in a motor vehicle engaged in interstate travel with the consent of his or her parent, guardian, custodian or other adult person having custody or control of such minor through the state of Washington;
(9) A minor who is married and thus has achieved the age of majority pursuant to RCW 26.28.020 or has become emancipated in accordance with RCW 13.64.060(2);
(10) It is a defense to this chapter that the parent or guardian is reasonably hindered to such a degree that he/she is unable to appear and take custody of the minor after being requested to do so. (Ord. 1009 § 3, 1995)
9.68.040 Violations.
(1) 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.
(A) 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.
(B) The court and/or city attorney 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.
(C) The notice of infraction shall be in substantially the same form as prescribed in RCW 7.80.070 for civil infractions.
(2) 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.
(3) 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.
(4) A person found to have committed an infraction shall be assessed a monetary penalty. No penalty may exceed $250.00 for each offense.
(5) There shall be a penalty of $25.00 for failure to respond to a notice of infraction.
(6) Whenever a monetary penalty is imposed by the court under this chapter, it is immediately payable. If the person is unable to pay at the 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 in the same manner as other civil judgments.
(7) In lieu of payment for all or part of the monetary penalty, the court may provide for the performance of community service.
(8) All proceedings under this chapter shall be civil in nature. (Ord. 1009 § 4, 1995)
9.68.050 Temporary custody procedure.
A police officer who reasonably believes that a minor has violated any of the provisions of this chapter shall have authority to take the minor into custody, shall inform the minor of the reason(s) for such custody, and may demand that the parent or guardian appear and take custody of the minor.
(1) Should the parent or guardian fail to appear, or should the officer otherwise deem appropriate, the officer shall deliver or arrange to deliver as follows:
(A) To the minor’s parent, guardian, custodian or other adult person having custody or control of such minor. The officer releasing a minor into the custody of an adult person having custody and control shall inform the adult of the reason or reasons for taking of the minor into custody and shall inform the minor and the responsible adult of the nature and location of appropriate services available in the community; or
(B) The officer may take the minor to the home of an adult extended family member after attempting to notify the parent, guardian or custodian.
(2) In the event that subsections (1) and (2) of this section are not appropriate under the circumstances, the officer may deliver the minor to either of the following:
(A) To the Westport police department or other facility operated by the Westport police department until the parent appears to take responsibility for the minor; or
(B) In the event the parent fails to appear, the minor is to be referred to the Department of Social and Health Services for the State of Washington for consideration of further intervention. (Ord. 1009 § 5, 1995)
9.68.060 Third party liability.
It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
It is the specific intent of this chapter that no provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees for whom the implementation and enforcement of the chapter shall be discretionary and not mandatory.
Nothing contained in this chapter is intended nor shall be construed to create or form a basis of any liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 1009 § 7, 1995)