Chapter 9.09
CURFEW AND PARENTAL RESPONSIBILITY FOR JUVENILES
Sections:
9.09.010 Purpose.
9.09.020 Definitions.
9.09.030 Juvenile curfew.
9.09.040 Parental responsibility.
9.09.050 Exemptions.
9.09.060 Enforcement.
9.09.070 Violations and penalties.
9.09.080 Severability.
9.09.010 Purpose.
The purpose of this chapter is to:
A. Protect juveniles and other citizens, residents and visitors of the city from the dangers of crimes which occur on sidewalks, streets, and public places during the late night and early morning hours;
B. Decrease the amount of criminal activity engaged in by juveniles;
C. Promote and enhance parental control over juveniles;
D. Adopt and implement policies relating to juveniles that would minimize impacts on juveniles engaging in and traveling to or from a lawful activity or event; and
E. Preserve the public safety and to reduce acts of violence by or against juveniles that are occurring in Kent at rates beyond the capacity of the police to assure public safety without the aid of a juvenile curfew.
(Ord. No. 3355, § 2, 7-15-97)
9.09.020 Definitions.
In this chapter:
Aid and abet means that a parent or guardian, with knowledge that it will promote or facilitate the commission of a curfew violation, either:
1. Solicits, commands, encourages, helps, assists, or requests a juvenile to commit the violation; or
2. Aids or agrees to aid a juvenile or another person in planning or committing the violation. The word “aid” means all assistance whether given by words, acts, encouragement, support, presence or neglect of parental or custodial responsibilities for a juvenile required by any existing or hereafter enacted statute of this state.
Curfew hours mean 12:01 a.m. until 6:00 a.m. daily.
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, a natural disaster, an 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 store, shop, restaurant, bowling alley, cafe, theater, drug store, golf course, pool room, shopping center, video arcade, and any other place open to the general public and devoted to business, amusement, or entertainment of the general public or other lawful purpose.
Guardian means:
1. A person who, under court order, is the guardian of the person of a juvenile; or
2. A public or private agency with whom a juvenile has been placed by a court; or
3. A person who is at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a juvenile.
Juvenile means any person under eighteen (18) years of age.
Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
Parent means a person who is a natural parent, adoptive parent, stepparent, or foster parent of a juvenile.
Public place means any street, alley, highway, parking lot, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. Public place shall include, but not be limited to any public facility or any establishment such as a store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, golf course, pool room, shopping center, and any other place open to the general public and devoted to business, amusement or entertainment of the general public or other lawful purpose, whether publicly or privately owned or operated. It shall also include the front or immediate area of the above, including, but not limited to, roads, sidewalks, alleyways, parking lots, parks or other similar ares open to the general public.
Remain means to:
1. Linger or stay; or
2. Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises of any establishment or other public place.
Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(Ord. No. 3355, § 2, 7-15-97)
9.09.030 Juvenile curfew.
Except as set forth in KCC 9.09.050, it shall be a civil infraction for any juvenile to remain in any public place within the city during curfew hours.
(Ord. No. 3355, § 2, 7-15-97)
9.09.040 Parental responsibility.
Except as set forth in KCC 9.09.050, it shall be a civil infraction for any parent or guardian having custody or control of any juvenile to knowingly aid or abet the juvenile to commit a curfew violation.
(Ord. No. 3355, § 2, 7-15-97)
9.09.050 Exemptions.
A. It shall not be a violation of KCC 9.07.030 and/or KCC 9.09.040 that the juvenile was:
1. Accompanied by the juvenile’s parent or guardian;
2. On an errand at the direction of the juvenile’s parent or guardian, without any detour or stop;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity, or, going to or returning home from an employment activity, without any detour or stop;
5. Involved in an emergency;
6. On the sidewalk abutting the juvenile’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the juvenile’s presence;
7. Attending an official school, religious, recreational, or other activity supervised by adults or sponsored by the city, a civic organization, or another similar entity that takes responsibility for the juvenile, or going to or returning home from such activity, without any detour or stop;
8. Lawfully present within or upon an establishment or going to or returning home from such establishment without any detour or stop;
9. Going to or returning from the residence of another without any detour or stop.
10. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise or religion, freedom of speech, and the right of assembly; or
11. Married and thus has achieved the age of majority pursuant to RCW 26.28.020, or has become emancipated in accordance with Chapter 13.64 RCW.
B. It shall not be a violation of KCC 9.09.040 when any parent or guardian, unable to control the whereabouts and activities of a juvenile in their care, custody, or control, has contacted the city or police department and reported such juvenile as possibly appearing in locations and at times that would violate this chapter.
(Ord. No. 3355, § 2, 7-15-97)
9.09.060 Enforcement.
A. Prior to the issuance of a verbal or written warning or a notice of civil infraction, a police officer shall ask the apparent offender’s name, age, address, and the reason for being in the public place. The officer shall not issue a warning or citation or take further action under this section unless the officer reasonably believes a violation has occurred and that based on any response and other circumstances, no exemption exists under KCC 9.07.050.
B. Pursuant to RCW 13.32A.050(1)(b), a police officer, who reasonably believes that a juvenile is in violation of KCC 9.09.030, shall have the authority to take the juvenile into custody. Pursuant to RCW 13.32A.060, an officer taking a juvenile into custody shall inform the juvenile of the reason for such custody and shall either:
1. Transport the juvenile to his or her home or to a parent or guardian at his or her place of employment, if no parent or guardian is at home. The parent or guardian may request that the officer take the juvenile to the home of an adult extended family member, responsible adult, crisis residential center, the Department of Social and Health Services, or a licensed youth shelter. In responding to the request of the parent or guardian, the officer shall take the juvenile to a requested place which, in the officer’s belief, is within a reasonable distance of the parent or guardian’s home. The officer releasing a juvenile into the custody of a parent, guardian, an adult extended family member, responsible adult, or a licensed youth shelter shall inform the person receiving the child of the reason for taking the child into custody and inform all parties of the nature and location of appropriate services available in the community; or
2. After attempting to notify the parent or guardian, take the juvenile to a designated crisis residential center’s secure facility, or a center’s semi-secure facility if a secure facility is full, not available, or not located within a reasonable distance:
a. If a juvenile 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 some type of child abuse or negligence, as defined in RCW 26.44.020;
b. If it is not practical to transport the juvenile to his or her home or place of the parent or guardian’s employment; or
c. If there is no parent or guardian available to accept custody of the child; or
3. After attempting to notify the parent or guardian, if a crisis residential center is full, not available, or not located within a reasonable distance, the officer may request the Department of Social and Health Services to accept custody of the juvenile. If the Department determines that an appropriate placement is currently available, the Department shall accept custody and place the juvenile in an out-of-home placement. If the Department declines to accept custody of the juvenile, the officer may release the juvenile after attempting to take the juvenile to the following, in the order listed:
a. The home of an adult extended family member;
b. A responsible adult;
c. A licensed youth shelter.
The officer shall immediately notify the Department of Social and Health Services if no placement option is available and the child is released.
C. An officer’s responsibilities under subsection (B) of this section, after taking a juvenile into custody for a curfew violation, shall be changed, expanded or limited without further amendment to be consistent with the provisions of RCW 13.32A.050 and 13.32A.060 as now or hereafter amended.
(Ord. No. 3355, § 2, 7-15-97)
9.09.070 Violations and penalties.
A. It shall be a civil infraction to commit a violation of KCC 9.09.030 or 9.09.040. The Kent municipal court shall have jurisdiction over all civil infractions issued under this chapter. Civil infractions shall be issued and processed in accordance with Chapter 7.80 RCW as currently enacted or as hereinafter amended, which is incorporated herein by reference.
B. A person found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. The first violation shall be subject to a verbal or written warning.
2. The second violation within a one (1) year period shall be subject to a civil penalty of one hundred dollars ($100).
3. The third or subsequent violation within a one (1) year period shall be subject to a civil penalty of two hundred fifty dollars ($250).
(Ord. No. 3355, § 2, 7-15-97)
9.09.080 Severability.
If any one (1) or more sections, subsections, or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect.
(Ord. No. 3355, § 2, 7-15-97)