Chapter 9.34


9.34.010    Purpose of provisions.

9.34.020    Definitions.

9.34.030    Supervision of children required—When.

9.34.040    Supervision of children required—Exceptions.

9.34.050    Enforcement—Authority.

9.34.060    Violation—Notice/warning—Penalty.

9.34.010 Purpose of provisions.

The city council of the city of Brewster, Washington, has determined that it is generally contrary to the well-being of minor children to be outside their residences in the late night and early morning hours unsupervised and with no specific purpose. (Ord. 541 § 1, 1992)

9.34.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:

“Child” means any unemancipated person, male or female, who is not married and is under the age of eighteen years.

“Parent or custodian” means the father, mother, guardian or person having the 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 the child for that evening. The 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 Brewster School District. (Ord. 541, § 2, 1992)

9.34.030 Supervision of children required—When.

Except as provided in Section 9.34.040, no parent or custodian shall 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 responsible adult from:

A. Ten p.m. to five a.m. the following morning on school nights;

B. Eleven p.m. to five a.m. the following morning, Sunday through Thursday nights on non-school nights; and

C. One minute after midnight to five a.m. on Friday and Saturday. (Ord. 541 § 3, 1992)

9.34.040 Supervision of children required—Exceptions.

The parent or custodian of a child shall not be in violation of this chapter or the general prohibition set forth in Section 9.34.030 when a child is:

A. Engaged in traveling to or from lawful employment;

B. Acting pursuant to directions and permission of his parent or custodian for a specific legitimate, lawful purpose;

C. Seeking emergency assistance; or

D. Returning home from activities supervised by a responsible adult. (Ord. 541 § 4, 1992)

9.34.050 Enforcement—Authority.

Law enforcement officers for the Brewster police department shall have authority to momentarily detain and question a child where the law enforcement officer suspects that a specified ordinance may apply, and to determine whether a specified exception to the general prohibition may apply. Should a law enforcement officer have probable cause to determine that a parent or custodian is in violation of this chapter, the law enforcement officer shall have the authority to direct, accompany or transport the child to his or her residence, if reasonably possible, or if the circumstances indicate, to take custody and place the child in accordance with RCW 12.32A.050(2) and/or RCW 13.32A.060 for the safety and in the best interests of the child’s well-being and welfare. (Ord. 541 § 5, 1992)

9.34.060 Violation—Notice/warning—Penalty.

A. Should a law enforcement officer determine that a parent or custodian has violated the provisions of this chapter, a written notice/warning thereof shall be given to the parent or custodian if reasonably possible. If the parent or custodian is unavailable, the officer shall mail, or cause to be mailed, the aforementioned notice/warning to the parent or custodian. The notice/warning shall inform the parent or custodian of the following:

1. The location where the child was found;

2. The date and time the child was found;

3. The location of the residence where the officer took the child for the safety, or in the case of placement of the child through Child Protective Services, the telephone number of Child Protective Services; and

4. A warning that the parent or custodian was in violation of this chapter, a copy of which shall be attached to the notice/warning.

B. The law enforcement officer shall:

1. Maintain a record of any violation and the notice/warning given as a result thereof;

2. Make a report of the incident to the Child Protective Services of the state of Washington; and

3. Assist Child Protective Services with respect to any lawful action with which Child Protective Services requests assistance.

C. Any person in violation of this chapter for a second time shall be deemed to have committed a civil infraction and any such person found to have committed such a civil infraction shall be assessed a monetary penalty, which penalty may not be more than five hundred dollars for each offense. (Ord. 541 § 6, 1992)