Chapter 9.99


9.99.010    Definitions.

9.99.020    Offenses.

9.99.030    Defenses.

9.99.040    Enforcement.

9.99.050    Temporary custody procedure.

9.99.060    Violations.

9.99.070    Severability.

9.99.080    Third party liability.

9.99.010 Definitions.

In this section:

A. “Curfew hours” means 12:01 a.m. until 6:00 a.m.

B. “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.

C. “Errand” means to take a short trip to perform a specific task at the direction of the minor’s parent or guardian.

D. “Establishment” means any 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.

E. “Extended family members” means grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin who is not a minor and with whom the minor has a relationship and is comfortable with and who is willing and available to care for the child.

F. “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 18 years of age who is authorized by a parent or legal guardian to have the care and custody of a minor.

G. “Minor” means any person under 18 years of age.

H. “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.

I. “Parent” means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.

J. “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.

K. “Remain” means to fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

L. “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. 2006-4 § 1, 2006).

9.99.020 Offenses.

A. A minor commits an offense if he or she goes to, is at, or 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 he or she knowingly permits, or, by insufficient lawful control, allows the minor to go to, be at, or 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 he or she fails to appear to take the minor into custody after contact from a Toppenish 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. (Ord. 2006-4 § 1, 2006).

9.99.030 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, going to, or returning home, without any detour or unnecessary stop, from an official school, religious, or other activity supervised by adults or sponsored by any of the following: the city of Toppenish, a civic organization, Safe Haven, Toppenish School District, parks and recreation department, or another similar entity which takes responsibility for the minor; or

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 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 this chapter that the parent or guardian is reasonably hindered to such a degree that he/she is unable to appear and take custody of the minor after being requested to do so. (Ord. 2006-4 § 1, 2006).

9.99.040 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 TMC 9.99.030 is present. No citation shall be issued until attempts have been made to place the minor according to the temporary custody procedure. (Ord. 2006-4 § 1, 2006).

9.99.050 Temporary custody procedure.

A police officer who reasonably believes that a minor is violating any of the provisions as described in TMC 9.99.020 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, guardian, custodian, or other adult person having custody or control of such minor not appear, or should the officer otherwise deem appropriate, the officer shall deliver, or arrange to deliver, the minor as follows:

A. 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

B. The officer may take the minor to the home of an adult extended family member after attempting to notify the parent, guardian, or custodian. In the event that subsection A of this section and this subsection are not appropriate under the circumstances, the officer may deliver the minor to either of the following:

1. To the custody of Epic Youth Services Crisis Residential Care located at 1106 Hathaway, Yakima, WA 98902, 457-8835, until the parent, guardian, custodian, or extended family member of such minor appears to take responsibility for the minor;

2. To the Toppenish police department or other facility owned by the city of Toppenish, until the parent appears to take responsibility for the minor; or

C. In the event the parent fails to appear, the minor is to be referred to the Division of Child and Family Services for consideration of further intervention and/or placement services. (Ord. 2006-4 § 1, 2006).

9.99.060 Violations.

A. A violation of any of the provisions of this chapter is designated a civil infraction.

B. A person found to have committed an infraction under this chapter may be assessed a monetary penalty. No penalty may exceed $250.00 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. 2006-4 § 1, 2006).

9.99.070 Severability.

Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The city council of the city of Toppenish hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. (Ord. 2006-4 § 1, 2006).

9.99.080 Third party liability.

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 benefited by the terms of this chapter. 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. 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, 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. 2006-4 § 1, 2006).