Chapter 9.12
CURFEW
Sections:
9.12.030 Designation of other curfew areas.
9.12.060 Temporary custody procedure.
9.12.080 Third party liability.
9.12.010 Curfew.
No minor under the age of eighteen (18) shall be in or upon any public street, highway, alley, park, vacant lot, or other public place in the CBD as defined in this chapter between the hours of 11:01 p.m. and five a.m. Sunday through Thursday and 11:59 p.m. and five a.m. Friday and Saturday.
A. 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.
B. 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.
C. A parent or guardian commits an offense if he or she fails to appear to take the minor into custody after contact by the law enforcement agency pursuant to the temporary custody procedures as defined in this chapter.
D. A person or operator as defined in this chapter commits an offense if that person or operator encourages or affirmatively facilitates a violation of this chapter by a minor. (Ord. 598 § 1, 1997)
9.12.020 Definitions.
As used in this chapter:
“Central business district (CBD)” means the area designated as follows: The north boundary shall be the city limits, the south boundary shall be Eagle Street, the east boundary shall be Williams Street, the west boundary shall be Second Street.
“Curfew hours” means 11:01 p.m. until five a.m. Sunday through Thursday, 11:59 p.m. until five a.m. Friday and 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 a 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 a 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, step-brother, step-sister, 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 a court; or (3) a person at least eighteen (18) years of age who is authorized by a parent or legal guardian to have the care and custody of a minor.
“Minor” means any person under eighteen (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 to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, common areas, schools, hospitals, apartments, etc. “Public place” also means an area generally visible to public view and includes but is not limited to streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food or 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 any bodily member or organ. (Ord. 598 § 2, 1997)
9.12.030 Designation of other curfew areas.
In addition to the CBD, the city council may, by resolution, designate other areas of Ilwaco to be curfew areas.
A. No minor under the age of eighteen (18) shall be in or upon any public street, highway, alley, park, vacant lot or other public place in a posted curfew area between the hours of eleven p.m. and five a.m.
B. On the major streets of a curfew area there shall be a posted sign which shall read substantially as follows:
CURFEW AREA—NO MINORS UNDER THE AGE OF 18 FROM 11:00 P.M TO 5:00 A.M. CITY ORDINANCE NO. 598 MAXIMUM PENALTY—$250.00
C. No area shall be designated or posted as a curfew area except upon the passage of a resolution by the city council specifically mandating such designation and posting for a particular area. (Ord. 598 § 3, 1997)
9.12.040 Exemptions.
A. At any time the minor is accompanied by his or her parent, legal guardian, or other responsible person who is over the age of twenty-one (21) and approved by the minor’s parent, guardian, custodian or other adult person having custody or control of such minor to accompany such minor;
B. 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;
C. If the minor is legally employed for the period 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;
D. The minor is within one block of his or her residence;
E. 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;
F. If the minor is on an emergency errand directed or permitted by his parent, guardian, custodian or other adult person having custody or control of such minor;
G. If a minor is traveling by direct route to or from an event sponsored by an accredited educational institution;
H. If the minor is in a motor vehicle engaged in interstate travel with the consent of a parent, guardian, custodian or other adult person having custody or control of such minor through the state;
I. 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);
J. 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. 598 § 4, 1997)
9.12.050 Enforcement.
Before taking any enforcement action under this section a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or take further action under this section unless the officer reasonably believes that an offense has occurred, and that based on any response or other circumstances, no defense under Section 9.12.040 is present. No citation shall be issued until attempts have been made to place the minor according to the temporary custody procedure in Section 9.12.060 below. (Ord. 598 § 5, 1997)
9.12.060 Temporary custody procedure.
A police officer who reasonably believes that a minor has violated any of the provisions as described in Section 9.12.010, shall have authority to take the minor into custody, shall inform the minor the reason(s) for such custody, and may demand that the parent or guardian appear and take custody of the minor.
Should the parent not 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 and 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.
In the event subsections A and B are not appropriate under the circumstances, the officer may deliver the minor to either of the following:
C. To the police station or other facility operated by the police department until the parent appears to take responsibility for the minor; or
D. 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 for consideration of further intervention and/or placement services. (Ord. 598 § 6, 1997)
9.12.070 Violations.
A. A violation of any of the provisions of this chapter is designated as a civil infraction.
B. A person found to have committed an infraction under this chapter may be assessed a monetary penalty. Each violation will be punished by a fine not to exceed two hundred fifty dollars ($250.00) per violation including all statutory assessments and costs nor to exceed a fine of two hundred fifty dollars ($250.00) per day that violations occur including all statutory assessments and costs. In lieu of payment for all or part of the monetary penalty, the court may provide for the performance of community service. All proceedings for the civil violation will be in accordance with Section 1.20.020 of this code. (Ord. 718 (part), 2006: Ord. 598 § 7, 1997)
9.12.080 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 to in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 598 § 9, 1997)
9.12.090 Evaluation.
This chapter and the need for it shall be reviewed annually. By June 1, 1998 and each year thereafter the city clerk-treasurer shall review this chapter and report and make recommendations to the city council concerning the effectiveness of and the continuing need for this chapter. The report shall include, but not be limited to, the following information:
A. The practicality of enforcing the chapter and any problems with enforcement identified by the law enforcement agency;
B. The impact of this chapter and support programs, if any, on juvenile crime statistics and the public perception of juvenile crime and victimization;
C. Number of juveniles taken into custody for curfew violations;
D. Number of official citizen complaints filed regarding enforcement of this chapter. (Ord. 598 § 10, 1997)