Chapter 6.65
CIVIL CURFEW
Sections:
6.65.030 Means of exercising jurisdiction.
6.65.050 Curfew – Day, hour and age restrictions.
6.65.070 Procedure upon violation.
6.65.080 Civil penalties for youths.
6.65.090 Civil penalties for adults.
6.65.010 Purpose.
The purposes of this chapter are to promote the health, safety and welfare of the Confederated Tribes of the Chehalis Reservation community members, to protect the people and their property from crime and to encourage the healthy development of young people.
It is Tribal policy to encourage young people to participate in social activities that are harmful to no one and are beneficial to the youth’s personal, spiritual and intellectual growth. [Res. 2011-020; Res. 2006-63; Res. 1993-45. Prior code § 12.5.1.010.]
6.65.020 Jurisdiction.
The Youth Court is vested with the fullest personal, subject matter and territorial jurisdiction permissible under applicable law to hear and make rulings on all matters under this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-45. Prior code § 12.5.1.020.]
6.65.030 Means of exercising jurisdiction.
In exercising jurisdiction over civil curfew, if a process is not specified under this chapter, the Youth Court may adopt any suitable process consistent with the purpose of this chapter and in harmony with the spirit of Chehalis Tribal law. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-45. Prior code § 12.5.1.030.]
6.65.040 Definitions.
The following terms when used in this chapter shall have the meaning set forth in this section:
“Adult custodian” means any person 18 years or older who has undertaken temporary physical care, custody and control of a youth with permission of the youth’s parent, guardian or legal custodian.
“Public or community gathering place” includes streets, roadways, paths and Tribal facilities, buildings and property located within the Tribe’s jurisdiction.
“Youth” means any unmarried person under the age of 18 years and not otherwise emancipated. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-45. Prior code § 12.5.1.040.]
6.65.050 Curfew – Day, hour and age restrictions.
It is unlawful for any person under the age of 18 years to be in any public or community gathering place between the hours specified below.
|
Age |
Days |
Hours |
|---|---|---|
|
15 years and under |
Sunday – Thursday |
9:00 p.m. – 6:00 a.m. |
|
Friday and Saturday |
10:00 p.m. – 6:00 a.m. |
|
|
16 and 17 years old |
Sunday – Thursday |
10:00 p.m. – 6:00 a.m. |
|
Friday and Saturday |
11:00 p.m. – 6:00 a.m. |
Between June 1st and August 31st, curfew begins one hour later than the time specified above.
All days immediately preceding a legal holiday are subject to weekend curfew hours. [Res. 2011-020; Res. 2006-63; Res. 1993-45. Prior code § 12.5.1.050.]
6.65.060 Curfew – Exceptions.
A youth is not in violation of curfew when:
A. Accompanied by a parent, legal guardian or adult custodian; or
B. Going to or coming from employment or a regularly scheduled Tribal, school or religious function and is proceeding directly to or from home by the most direct route; or
C. Pre-authorized in writing by a Tribal law enforcement officer; or
D. On an emergency errand; or
E. Exercising a treaty fishing right or when assisting and accompanying an eligible Tribal member who is exercising a treaty fishing right. [Res. 2011-020; Res. 2006-63; Res. 1993-45. Prior code § 12.5.1.060.]
6.65.070 Procedure upon violation.
Upon determining that a youth is in violation of curfew, Tribal law enforcement shall escort the youth home and leave the youth there in the custody of his or her parent, legal guardian or adult custodian so long as the enforcement officer is certain the home is safe for the youth and he or she will be supervised.
If there is no adult at home, or if the adult is either unable or incapable of providing the necessary care and supervision, or if the home is not safe for the youth, then the enforcement officer may place the youth with his or her adult relative.
If law enforcement is unable to locate an adult related to the youth who is able and willing to provide a safe and temporary shelter for the youth, or if the youth is likely to flee or cause further damage, then the youth may be placed in juvenile detention. Placement of the youth in juvenile detention is to be used as a last resort. [Res. 2011-020; Res. 2006-63; Res. 1993-45. Prior code § 12.5.1.070.]
6.65.080 Civil penalties for youths.
A youth who the Court determines to have violated curfew will be fined and ordered to perform community service work. The minimum fine for the first violation is $10.00, $20.00 for the second violation, and $30.00 for the third violation. The amount and nature of the community service work is left to the Court’s discretion.
In addition to the above mandatory penalties, the Court may also impose any combination of the following sanctions:
A. Counseling;
B. Participation in extra-curricular activities such as sports, music, or school-sponsored clubs;
C. Maintenance of school grades at an agreed upon level;
D. Reimbursement of the costs of detention or shelter care to the Tribe, repair of any damage caused, or restitution for any other harm done;
E. Any other sanctions the Court considers just and fair.
For each subsequent violation of this chapter, the Court must increase the severity of the penalty but may use its discretion in assessing the amount of increase. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-45. Prior code § 12.5.1.080.]
6.65.090 Civil penalties for adults.
A parent, legal guardian or adult custodian of a youth who has violated curfew at a time when the person knew, or in the exercise of parental responsibility should have known, the youth was violating curfew and did not take appropriate steps to prevent the violation, shall be fined a minimum of $50.00 but no more than $500.00 and ordered to perform community service.
In addition to the above mandatory penalties, the Court may also impose any combination of the following sanctions:
A. Family counseling;
B. Parenting classes;
C. Reimbursement of the costs of detention or shelter care to the Tribe, repair of any damage caused by the youth, or restitution for any other harm done by the youth;
D. Any other sanctions the Court considers just and fair.
For each subsequent violation of this chapter, the Court must increase the severity of the penalty but may use its discretion in assessing the amount of increase. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1993-45. Prior code § 12.5.1.090.]