Chapter 9.08
PARENTAL RESPONSIBILITY FOR JUVENILES
Sections:
9.08.020 Curfew for juveniles.
9.08.030 Parental responsibility.
9.08.040 Minor accompanied by adult other than parent.
9.08.060 Penalty – Parental responsibility for ordinance violation.
9.08.065 Failure to obey a law enforcement officer.
9.08.005 Preamble.
The city having found through empirical evidence and data that the incidence of violence and crime to and against juveniles and by juveniles against property and other persons occurs more often during the late night hours of 11:00 p.m. to 6:00 a.m., therefore the city finds it necessary and in the best interests of the public peace and good to enact the ordinance codified in this chapter. (Ord. 678 § 1, 1996)
9.08.010 Definitions.
For the purposes of this chapter, the following terms shall have the meanings set out in this section:
A. “Highway” means any road, lane, or any terminal or continuance of a roadway open to the public.
B. “Parent” or “guardian” means the actual parent or legal guardian or adult person that has the care, custody, or control of such minor by consent of the parent or legal guardian or by court action.
C. “Public place” means any street, alley, highway, sidewalk, park, playground, vacant lot, or other place to which the general public has access and a right to be for business, entertainment, or other lawful purposes.
A public place shall include but not be limited to any store, shop, restaurant, tavern, cafe, pool room, grocery store, convenience store, fast food franchise, shopping center, parking lot, gas station and any other place devoted to use of the general public. It shall also be the immediate surrounding area of the above.
D. “Extended family members” means a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.
E. The masculine gender as used in this chapter shall include the feminine gender and the singular shall include the plural.
F. “Juvenile” means any person 17 years of age or younger. (Ord. 678 § 2, 1996; Ord. 615 § 2, 1992)
9.08.020 Curfew for juveniles.
No juvenile shall be in or remain on any public place in the city after the hour of 11:00 p.m. Sunday through Thursday evenings and 12:00 midnight Friday and Saturday evenings or before the hour of 6:00 a.m. daily unless:
A. The juvenile is to be accompanied by his parent or legal guardian, or by an authorized representative of the juvenile’s parent or legal guardian.
B. The juvenile is traveling by direct route to or from an event sponsored by an accredited educational or religious institution.
C. The juvenile is in a motor vehicle and engaged in interstate/intrastate travel with the consent of a parent or legal guardian through the state of Washington.
D. The juvenile is traveling by direct route to or from his place of employment; provided, employment shall not mean any activity or business conducted in violation of the laws of the state of Washington or its political subdivisions.
E. The juvenile is within one block (300 feet) of his/her legal residence.
F. The juvenile is involved in an emergency concerning the safety or welfare of the juvenile or his/her family.
G. The juvenile is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. Such juvenile shall evidence the bona fides of such exercised by first delivering, to the police personnel at the Deer Park City Hall where and by whom priority messages to the mayor are regularly received, a written communication, signed by such juvenile and countersigned if practicable by a parent of such juvenile with their home address and telephone number, addressed to the mayor of the city specifying when, where and in what manner said juvenile will be on the streets at night (during hours when the parental responsibility ordinance is otherwise applicable to said juvenile) in the exercise of a First Amendment right specified in such communication. (Ord. 678 § 3, 1996; Ord. 615 § 3, 1992; Ord. 522 § 2, 1986)
9.08.030 Parental responsibility.
It shall be unlawful for a parent having legal custody of a juvenile knowingly to permit or by inefficient control or neglect to allow such juvenile to be or remain upon any public place under circumstances not constituting an exception to, or otherwise beyond the scope of, the parental responsibility ordinance. The term “knowingly” includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent’s legal custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such juvenile. (Ord. 678 § 4, 1996; Ord. 615 § 4, 1992)
9.08.040 Minor accompanied by adult other than parent.
It is a violation of this chapter for any person not the parent or guardian as defined in DPMC 9.08.010 to accompany, congregate or loiter with any minor on any public street, highway, in the public places or upon unoccupied premises or grounds in the city during curfew hours except by and with the written consent of the parent or guardian and under circumstances stated in DPMC 9.08.020. (Ord. 678 § 5, 1996)
9.08.050 Custodial procedure.
A law enforcement officer, upon finding or having attention called to any juvenile in a public place in prima facie violation of the parental responsibility ordinance, shall:
A. Transport the child to his or her home. The officer releasing a child into the custody of the parent shall inform the parent of the reason for the taking of the child into custody and shall inform the child and parent of the nature and location of appropriate services available in their community; or
B. Take the child to the home of an adult extended family member, a designated crisis residential center, or the home of a responsible adult after attempting to notify the parent or legal guardian:
1. If the child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing in the home some type of child abuse or neglect, as defined in RCW 26.44.020, as now law or hereafter amended; or
2. If it is not practical to transport the child to his or her home; or
3. If there is no parent available to accept custody of the child.
The officer releasing a child into the custody of an extended family member or a responsible adult shall inform the child and the extended family member or responsible adult of the nature and location of appropriate services available in the community;
C. In any event such law enforcement officer shall within 24 hours file a written report with the mayor;
D. In the absence of convincing evidence, such as birth certificate, the law enforcement officer shall use his best judgment in determining age. (Ord. 678 § 6, 1996; Ord. 615 § 5, 1992)
9.08.060 Penalty – Parental responsibility for ordinance violation.
Upon a parent’s first violation, notice thereof shall be served on the parent. Upon a second violation, a citation shall be served on the parent and a hearing shall be held before the Deer Park municipal court, at which time the parent shall appear and answer to the charge of violating this chapter. Upon a determination by the judge that a second violation has occurred, a fine 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 fine of not less than $50.00 nor more than $300.00. (Ord. 678 § 7, 1996; Ord. 615 § 6, 1992)
9.08.065 Failure to obey a law enforcement officer.
Notwithstanding DPMC 1.16.010, the penalty for this chapter for failure to obey a law enforcement officer by willfully failing to sign the citation or notice of violation of a juvenile will be deemed a misdemeanor. (Ord. 688 § 1, 1996)
9.08.070 Validity.
The invalidity of any article, section, subsection, provision, clause, or portion of this chapter or of the statutes adopted by reference herein, or the invalidity thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances, and all other articles, sections, subsections, provisions, clauses, or portions of this chapter or the statutes adopted by reference herein not expressly held to be invalid shall continue in full force and effect. (Ord. 678 § 8, 1996)