Chapter 9.06
CHILDREN AND MINORS, CRIMES RELATING TO

Sections:

9.06.010    Conduct prohibited.

9.06.020    Contributing to the delinquency of a minor.

9.06.030    Rent or lease to sex offender in restricted area.

9.06.040    Exceptions.

9.06.050    Violation.

9.06.060    Exposing minor children to domestic violence.

9.06.010 Conduct prohibited.

The following statutes of the State of Washington are adopted by reference:

A. RCW 9.91.060 – Leaving children unattended in parked automobile.

B. RCW 9.68A.090 – Communicating with a minor for immoral purposes.

C. RCW 9.68A.011 – Definitions.

D. RCW 9.68A.070 – Possession of depictions of minor engaged in sexually explicit conduct.

E. RCW 9.68A.080 – Processors of depictions of minor engaged in sexually explicit conduct. (Ord. 1664 § 2, 1985).

9.06.020 Contributing to the delinquency of a minor.

In all cases when any child is dependent or delinquent, as defined in RCW 13.34.030, any person who, by act or omission, encourages, causes or contributes to the dependency or delinquency of such child, shall be guilty of a misdemeanor. (Ord. 1664 § 2, 1985).

9.06.030 Rent or lease to sex offender in restricted area.

No owner or lessee of real property that is located (A) outside a zoning district permitting both residential uses and siting of a secure community transition facility as shown in IMC 18.06.130, or (B) within said zoning districts and within 1,000 feet of a public or private school or day care operation shall knowingly rent, lease to, or otherwise allow to reside on said real property a person who is required to register under the Community Protection Act, RCW 9A.44.130, et seq., and who is assessed as a Level II or Level III offender. For purposes of this chapter, public or private school includes all public and private elementary schools and secondary schools including but not limited to middle schools and high schools. (Elementary No. 14 on Park Drive, as now named or as hereafter may be renamed, shall be considered an established school as of August 16, 2005.) Day care operation shall have the same meaning as set forth in IMC 18.02.060, and shall include only such operations located within the City limits. (Ord. 2428 § 3, 2005).

9.06.040 Exceptions.

A. The prohibition in IMC 9.06.030 shall not apply to the following:

1. An owner or lessee of real property that is located within a zoning district permitting both residential uses and siting of a secure community transition facility as shown in IMC 18.06.130, and within 1,000 feet of a public or private school or day care operation that is established after August 16, 2005, and who has rented, leased, or otherwise legally allowed to reside on said real property a person who is required to register under the Community Protection Act, RCW 9A.44.130, et seq., and who is assessed as a Level II or Level III offender; provided, however, that such exception shall not apply in the event said resident ceases to reside at the premises after the establishment of the public or private school or day care operation.

2. An owner or operator of a secure community transition facility as defined in IMC 18.02.080. (Ord. 2428 § 3, 2005).

9.06.050 Violation.

Any person who violates any provision of IMC 9.06.030 or 9.06.040 shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a maximum penalty of a fine not to exceed $5,000 and/or by imprisonment in jail for a period not to exceed 1 year. (Ord. 2428 § 3, 2005).

9.06.060 Exposing minor children to domestic violence.

A. A person commits the crime of exposing minor children to domestic violence when he or she:

1. Commits a crime of domestic violence, as defined in RCW 10.99.020; and

2. The crime is committed in the immediate presence of, or is witnessed or heard by, the person’s or the victim’s minor child, minor stepchild, or a minor child residing within the household of the person or victim.

B. For the purposes of this section, “minor” shall mean under 16 years of age.

C. Exposing minor children to domestic violence is a gross misdemeanor and, upon conviction, the person shall be punished as set forth in IMC 1.06.010. Any person convicted of this crime shall be punished by imprisonment of not less than 30 days. If the person is sentenced to less than the maximum statutory sentence, the court shall place the defendant on probation and the court shall impose conditions of probation that include attendance at a certified domestic violence perpetrator treatment program as well as a treatment program that addresses the effects of domestic violence on children. (Ord. 2691 § 1, 2013).