Chapter 8.58
MINOR CURFEW
Sections:
8.58.060 Temporary custody procedure.
8.58.080 Third party liability.
8.58.010 Title.
This chapter shall be known and may be cited as “the Sumas minor curfew ordinance.” (Ord. 1150 § 1, 1995)
8.58.020 Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
“Curfew hours” means between the hours of ten p.m. and five a.m., Sunday through Thursday, and between the hours of eleven p.m. and five a.m. Friday through Saturday, school vacation days and holidays.
“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 property damage, bodily injury or loss of life.
“Establishment” means an 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 the minor’s grand parent, brother, sister, stepbrother, stepsister, 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 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 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 a corporation.
“Parent” means a person who is a natural parent, adoptive parent, foster parent or stepparent 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 and the common areas of schools, hospitals, apartment houses, sidewalks, alleys, parking lots, office buildings, transport. facilities and shops.
“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.
“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. 1150 § 3, 1995)
8.58.030 Offenses.
(a) A minor commits an offense if s/he 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 s/he knowingly permits, or, by insufficient lawful control, allows the minor to remain in any public place or on the premises of any establishment within the curfew hours.
(c) A parent or guardian commits an offense if s/he fails to appear to take the minor into custody after con tract from a Sumas police officer, pursuant to the temporary custody procedure.
(d) A person or operator, as defined herein, commits an offense if that person or operator encourages, or affirmatively facilitates a violation of this chapter by a minor.
(e) The owner, operator or an employee of an establishment permits an offense under this chapter if s/he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. (Ord. 1150 § 4, 1995)
8.58.040 Defenses.
(a) It is a defense that the minor was:
(1) Accompanied by the minor’s parent, guardian or extended family member who is not also a minor; or
(2) On an errand at the direction of the minor’s parent or guardian, without any unnecessary detour or stop; or
(3) In a motor vehicle involved in interstate travel; or
(4) Engaged in a legal employment activity, or going to or returning home from a legal employment activity without any unnecessary detour or stop; or
(5) Involved in an emergency; or
(6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor, if the neighbor did not complain to the police department about the minor’s presence; or
(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or other similar entity that takes responsibility for the minor, or going to or returning home from, without any unnecessary detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or other similar entity that takes responsibility for the minor.
(8) 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; or
(9) Married and thus has achieved the age of majority pursuant to the Revised Code of Washington (RCW) 26.28.020, or has become emancipated in accordance with RCW 13.64.060(2); or
(10) Engaged in lawful commercial activity which is commenced prior to curfew hours and the minor proceeds directly home upon termination of the commercial activity.
(b) It is a defense to the prosecution under Section 8.58.030(e), that the owner, operator or employee of an establishment properly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(c) It is a defense to this chapter that the parent or guardian is reasonably hindered to such a degree that s/he is unable to appear and take custody of the minor after being requested to do so. (Ord. 1150 § 5, 1995)
8.58.050 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 an offense has occurred and that, based on any response and other circumstances, no defense under Section 8.58.040 is present.
No citation shall be issued until attempts have been made to place the minor according to the temporary custody procedure. (Ord. 1150 § 6, 1995)
8.58.060 Temporary custody procedure.
(a) A police officer who reasonably believes that a minor is violating any of the provision as described in this chapter shall have authority to take the minor into custody, shall inform the minor of 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, the minor in question as follows:
(1) To minor’s parent, guardian, custodian or other adult person having custody or control of such minor.
The officer releasing a minor into the custody of an adult person having custody or control shall inform the adult of the reason(s) for the 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
(2) The officer may take the minor to the home of an adult extended family member of the minor after attempting to notify the minor’s parent, guardian or custodian.
(b) In the event that subsections (a)(1) and (2) of this section are not appropriate under the circumstances, the officer may deliver the minor to either of the following:
(1) To the Sumas police station or other facility operated by or available to the Sumas police department, or to the nearest fire station, if available for use, until the parent, guardian or extended family member appears to take responsibility for the minor; or
(2) In the event the parent, guardian or extended family member fails to appear, the minor may be referred to Whatcom County juvenile authorities for consideration of further intervention and/or placement. (Ord. 1150 § 7, 1995)
8.58.070 Violation-penalty.
(a) A violation of any of the provisions of this chapter is designated a civil infraction, as authorized under Chapter 7.80 RCW.
(b) A person found to have committed an infraction under this chapter may be assessed a monetary penalty.
No penalty may exceed two hundred fifty dollars for each offense, 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. (Ord. 1150 § 8, 1995)
8.58.080 Third party liability.
(a) 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 benefitted by the terms of this chapter.
(b) 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 this chapter shall be discretionary and not mandatory.
(c) Nothing contained in this chapter is intended nor shall be construed to create or form the 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 in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 1150 § 10, 1995)
8.58.090 Evaluation.
This chapter and the need for it shall be reviewed annually on or before November 30th of each year (beginning with 1996) by the mayor or chief of police of the city who shall review this chapter and report and make recommendations to the city council concerning the effectiveness of and the continuing need for the provisions of 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 Sumas police department;
(b) The impact of this chapter and support programs 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 the enforcement of this chapter. (Ord. 1150 § 11, 1995)