Chapter 9.08


9.08.010    Purpose.

9.08.020    Definitions.

9.08.030    General prohibition.

9.08.040    Exceptions to general prohibition.

9.08.050    Enforcement of chapter.

9.08.060    Violation—Penalty.

9.08.010 Purpose.

The city council of the city has determined that it is generally contrary to the well-being of minor children to be outside their residences in the late night and early morning hours unsupervised and with no specific purpose. (Ord. 524 § 1, 1994)

9.08.020 Definitions.

For purposes of this chapter, the following definitions shall apply:

“Child” means any unemancipated person, male or female, who is not married and is under the age of eighteen (18) years.

“Parent or custodian” means the father, mother, guardian, or person having the care, custody or control of a child.

“Returning home” means travelling, walking, biking or otherwise moving from the point of departure to a child’s home or the residence of the person having the care, custody or control of said child for that evening. Said movement shall be directly from the point of departure to the destination to be accomplished within a reasonable period of time.

“School nights” means any night or early morning hours immediately preceding a regular school day as scheduled by the Pateros school district. (Ord. 524 § 2, 1994)

9.08.030 General prohibition.

No parent or custodian shall permit any child he or she is responsible for to remain in or upon the public streets, roadways, alleys, parks, playgrounds, or cemeteries, or in or upon private property other than the child’s usual place of residence which is unoccupied, vacant, abandoned, or is not otherwise supervised by a responsible adult between the hours of eleven p.m. to five a.m. on school nights, or between the hours of eleven p.m. Sunday through Thursday to five a.m. the following morning on nonschool nights, and between the hours of twelve midnight Friday and Saturday to the following five a.m. on nonschool nights, except as otherwise permitted under the provisions of this chapter. (Ord. 524 § 3, 1994)

9.08.040 Exceptions to general prohibition.

The parent or custodian of a child or children shall not be in violation of this chapter or the general prohibition set forth hereinabove when:

A.    Child is engaged in or traveling to or from lawful employment;

B.    Child is acting pursuant to directions and permission of his or her parent or custodian for a specific legitimate, lawful purpose;

C.    Child is seeking emergency assistance; or

D.    Child is returning home from activities supervised by a responsible adult.

(Ord. 524 § 4, 1994)

9.08.050 Enforcement of chapter.

Law enforcement officers for the city shall have authority to momentarily detain and question a child where said law enforcement officer suspects violation of this chapter, and to determine whether a specified exception to the general prohibition may apply. Should a law enforcement officer have probable cause to determine that a parent or custodian is in violation of this chapter, said law enforcement officer shall have the authority to direct, accompany, or transport the child to his or her residence if reasonably possible or if the circumstances indicate to take custody and place the child in accordance with RCW 13.32A.050(2) and/or RCW 13.32A.060 for the safety and in the best interests of the child’s well-being and welfare. (Ord. 524 § 5, 1994)

9.08.060 Violation—Penalty.

Should a law enforcement officer determine that a parent or custodian has violated the provisions of this chapter, a written notice/warning thereof shall be given to the parent or custodian if reasonably possible. If the parent or custodian is unavailable, the officer shall mail, or cause to be mailed, the aforementioned notice to the parent or custodian. Said notice shall inform the parent or custodian of the following:

A.    The location of where the child was found;

B.    The date and time the child was found;

C.    The location of the residence where the officer took the child for safety, or, in the case of placement of the child through Child Protective Services the telephone number of Child Protective Services;

D.    A warning that the parent or custodian was in violation of the ordinance codified in this chapter, a copy of which shall be attached to said notice.

The law enforcement officer shall maintain a record of any such violation and the notices given as a result thereof.

In addition thereto the law enforcement officer shall make a report of the incident to the Child Protective Services of the state of Washington. Said officer shall assist Child Protective Services with respect to any reasonable and lawful action with which Child Protective Services requests assistance.

Any person violating this chapter for a second time shall be deemed to have committed a civil infraction and any such person found to have committed such a civil infraction shall be subject to four hours of community service and/or a monetary penalty, which penalty may not be less than twenty-five dollars ($25.00) nor exceed two hundred fifty dollars ($250.00) for each offense. (Ord. 524 § 6, 1994)