Chapter 9.24
CURFEW AND PARENTAL RESPONSIBILITY FOR JUVENILES
Sections:
9.24.010 Purpose and findings.
9.24.030 Curfew for juveniles.
9.24.040 Parental responsibility.
9.24.070 Violations and penalties.
9.24.080 Continuing evaluation.
9.24.010 Purpose and findings.
A. The purpose of this chapter is to conform to state law and preserve the public safety or reduce criminal acts by or against juveniles by establishing time and conditions when juveniles should not be present on the public streets, in the public parks, or in any other public place during specified hours.
1. Persons under the age of 18 are vulnerable due to their lack of maturity and experience; others entice them into participating in unlawful activities and to be victims or the perpetrators of crime;
2. The city of Newport should, if possible, provide for the protection of juveniles from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities;
3. A curfew for those under the age of 18 will be in the interest of public health, safety, and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of the city of Newport;
4. Aid local law enforcement in maintaining public order and reducing juvenile violence;
5. Criminal acts by or against juveniles are occurring at such rates as to tax the ability of the police to assure public safety;
6. The activity the city of Newport seeks to impact occurs between the hours of 11:00 p.m. and 5:00 a.m.;
7. The council finds that the curfew meets a very real local need and has been over the years a significant factor in minimizing juvenile delinquency and should be updated and amplified in the light of the city of Newport’s local situation and facts.
B. The goals of enacting this chapter include, but are not limited to, the following:
1. Reduce the number of juvenile crime victims;
2. Reduce the number of juvenile crimes;
3. Reduce injury accidents involving juveniles;
4. Increase security and traffic patrol by officers in the late night and early morning hours;
5. Reduce juvenile peer pressure to stay out late; and, therefore
6. Assist parents in protecting their children and improve school attendance. (Ord. 2140 § 1 (Exh. A), 2025)
9.24.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word “shall” is always mandatory and not merely directory.
A. “City” means the city of Newport.
B. “Juvenile” means any person under the age of 18 or, in equivalent phrasing often herein employed, any person 17 or less years of age.
C. “Parent” means any person having legal custody of a juvenile:
1. As a natural or adoptive parent;
2. As a legal guardian;
3. As a person who stands in loco parentis; or
4. As a person to whom legal custody has been given by order of court.
D. “Adult extended family member” means grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin who is not a juvenile and who is willing and available to care for the juvenile.
E. “Remain” means to linger or stay or to fail to leave premises when requested to do so by a police officer or the owners, operator, manager, or other person in control of premises.
F. “Street” means a way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk thereof, for pedestrian travel. The term “street” includes the legal right-of-way, including but not limited to the traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way, of a street. The term “street” applies irrespective of what it is called or formally named, whether alley, avenue, court, road or otherwise.
G. “Time of night” referred to herein is based upon the prevailing standard of time, whether Pacific Standard Time or Pacific Daylight Saving Time, generally observed at that hour by the public in the name of the city of Newport, prima facie the time then observed in the police station.
H. “Year of age” continues from one birthday, such as the seventeenth, to (but not including the day of) the next, such as the eighteenth birthday, making it clear that 17 or less years of age is herein treated as equivalent to the phrase “under 18 years of age,” the latter phrase in practice, unfortunately, having confused a number of persons into the mistaken thought that 18-year-olds might be involved. Similarly, for example, 11 or less years of age means “under 12 years of age.”
I. “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, alleys, sidewalks, parking lots, parks, the common areas of schools, hospitals, apartment houses, and office buildings, shopping malls, stores, and shops, theaters, bowling alleys, places of amusement and places of entertainment. (Ord. 2140 § 1 (Exh. A), 2025)
9.24.030 Curfew for juveniles.
It is unlawful for any person 17 or less years of age (under 18) to be or remain in or upon the streets, public parks, docks, public buildings, except with permission of the owner or the city police department, and places of amusement, including arcades and vacant land, without permission of the owner within the city of Newport at night during the period beginning at 11:00 p.m., and ending at 5:00 a.m.
Except as provided in NMC 9.24.050, it is unlawful for any juvenile to remain in a public place during curfew hours. (Ord. 2140 § 1 (Exh. A), 2025)
9.24.040 Parental responsibility.
It is unlawful for a parent of a juvenile knowingly to permit or, by insufficient control, to allow such juvenile to be or remain upon any city street under circumstances not constituting an exception to or otherwise beyond the scope of this chapter. It shall be no defense that a parent was indifferent to the activities or conduct or whereabouts of such juvenile. (Ord. 2140 § 1 (Exh. A), 2025)
9.24.050 Exemptions.
The following exceptions to the curfew are provided:
A. When accompanied by a parent;
B. When accompanied by an adult authorized by a parent to take the parent’s place in accompanying the juvenile for a designated period of time and purpose within a specified area;
C. When the juvenile is on the right-of-way of the street or sidewalk of the place where such juvenile resides, or on the right-of-way of the street or sidewalk of either next-door neighbor;
D. When returning home, by direct route from (and within 30 minutes of the termination of) a movie showing, or sporting event; provided, however, that the juvenile shall have in his or her possession and shall present to a police officer upon request the ticket or ticket stubs from the theater, movie house, or sporting event;
E. When returning home, by direct route from (and within 30 minutes of the termination of) a school activity, or an activity of a religious, charitable, or educational organization (as defined under federal tax law);
F. When the juvenile is in a motor vehicle involved in interstate travel;
G. When the juvenile is on an errand at the direction of the juvenile’s parent or any other person 18 years of age or older who has been given custody or control of the juvenile by said juvenile’s parent without any detour or stop;
H. For lawful employment;
I. 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;
J. When a juvenile is acting from necessity, self-defense, or emergency which compels him/her to leave his/her home;
K. When a juvenile is 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. (Ord. 2140 § 1 (Exh. A), 2025)
9.24.060 Police procedures.
A. Investigation.
1. A police officer, upon finding a juvenile on the streets in apparent violation of this chapter, shall investigate for potential enforcement.
2. In the absence of convincing evidence, such as a birth certificate, a police officer shall in the first instance use his or her best judgment in determining age.
B. Decision to Take Into Protective Custody. A police officer of the city shall not take a juvenile in violation of this chapter into protective custody unless one or more of the following exist:
1. A parent of the juvenile consents;
2. The juvenile consents;
3. The juvenile is found in subsequent violation more than 30 minutes after the conclusion of an investigation for a violation under this chapter;
4. The juvenile has a previous violation of this chapter;
5. It is necessary for the safety and protection of the juvenile.
a. It is presumed necessary to take juveniles into protective custody for their safety and protection.
b. A police officer may consider the juvenile’s age, the location, the time, previous arrest, and conviction records and any other factors that the juvenile is in danger.
C. Notice at the Termination of the Investigation.
1. If a police officer has reasonable grounds to believe a violation of this chapter has been committed by a juvenile, and has issued a warning or citation to the parent of that juvenile, or the officer determines it is reasonable to release the juvenile to travel home, the officer shall warn the juvenile and parent that if the juvenile is found in subsequent violation of this chapter more than 30 minutes after conclusion of the investigation, it shall constitute an independent and separate violation of this chapter.
2. The juvenile and parent shall be further warned that a subsequent violation more than 30 minutes after the investigation authorizes the police officer to take the juvenile into custody pursuant to this section.
3. An officer taking a juvenile into temporary protective custody under this chapter shall inform the juvenile of the reason for such custody.
D. Search Incident to Temporary Custody. Only a juvenile charged with a violation under this chapter shall be frisked for weapons only for purposes of officer safety.
E. Transportation After Taking Into Custody.
1. If it is necessary to take a juvenile into custody, the custody shall be temporary and shall not extend beyond the amount of time reasonably necessary to transport the juvenile to the juvenile’s home, the police station or another destination authorized by law.
2. The officer releasing a juvenile into the custody of the parent shall inform the parent of the reason for taking the juvenile into custody and shall inform the juvenile and the parent of the nature and location of any appropriate services, such as juvenile court services, prevention services, or rehabilitation services, available in their community.
3. The officer may transport the juvenile to the police department, to the home of an adult extended family member or any other place designated by the chief of police:
a. If the 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 juvenile 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
b. If it is not practical to transport the juvenile to his or her home; or
c. If there is no parent available to accept custody of the juvenile.
4. The officer releasing a juvenile into the custody of an adult extended family member or a responsible adult shall inform the juvenile and the adult extended family member or responsible adult of the nature and location of any appropriate services, such as juvenile court services, prevention services, or rehabilitation services, available in their community.
F. Report. The officer making original contact with the juvenile shall within 24 hours file a written report.
G. Custody at the Police Department.
1. When a parent, immediately called, has not appeared to take charge of the juvenile, and there is no adult extended family member with whom the juvenile has a relationship and is comfortable, who is willing and available to care for the child, and the appropriate information has been recorded, the police officer shall contact the Department of Social and Health Services as per state law to make arrangements for temporary custody of the juvenile. If the parent or adult extended family member cannot be located, or fails to take charge of the juvenile, then the juvenile shall be released to the Department of Social and Health Services.
2. Juveniles, who have violated this chapter alone, may not be held in a detention cell.
H. Additional Procedures. The police chief shall have the authority to make such other necessary rules for enforcement of this chapter to assure that investigations and temporary custody of a juvenile are carried out in a constitutional manner. (Ord. 2140 § 1 (Exh. A), 2025)
9.24.070 Violations and penalties.
A. It shall be a civil infraction to commit a violation of NMC 9.24.030 or 9.24.040. The Newport 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. All citations issued under this chapter shall be issued to the parent of the juvenile found to be in violation of this chapter.
C. A person found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. The first violation may be subject to a verbal or written warning. Alternatively, the first violation may be subject to a civil penalty of $50.00.
2. The second violation within a one-year period shall be subject to a civil penalty of $100.00.
3. The third or subsequent violation within a one-year period shall be subject to a civil penalty of $250.00. (Ord. 2140 § 1 (Exh. A), 2025)
9.24.080 Continuing evaluation.
The police chief shall periodically report to city council on the use of this chapter. (Ord. 2140 § 1 (Exh. A), 2025)
9.24.090 Severability.
If any section or provision of this chapter is found invalid, the remainder shall remain in full force and effect. (Ord. 2140 § 1 (Exh. A), 2025)