Chapter 6A.42


6A.42.010    Definitions.

6A.42.020    General prohibition.

6A.42.030    Exception to general prohibition.

6A.42.040    Enforcement.

6A.42.050    Violation – Penalties.

6A.42.060    Report.

6A.42.070    Civil infraction.

6A.42.010 Definitions.

For the purpose of this chapter the following definitions shall apply:

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

(2) “Parent” or “custodian” shall mean the mother, father, guardian or person having care, custody or control of a child.

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

(4) “School nights” shall be any night or early morning hours immediately preceding a regular school day as scheduled by the Wenatchee School District. (Ord. 3188 § 1, 1996)

6A.42.020 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, cemeteries, or in or upon any 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 10:00 p.m. and 5:00 a.m. on school nights, or between 11:00 p.m. and 5:00 a.m. Sunday through Thursday on nonschool nights, and between the hours of 12:00 midnight Friday and Saturday until the following 5:00 a.m. on non-school nights, except as otherwise permitted under the provisions of this chapter. (Ord. 3188 § 2, 1996)

6A.42.030 Exception 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 in WCC 6A.42.020 when the child is:

(1) Engaged in traveling to or from lawful employment.

(2) Acting pursuant to directions and permission of his or her parent or custodian for a specific, legitimate and lawful purpose.

(3) Seeking emergency assistance.

(4) Returning home from activities supervised by a responsible adult. (Ord. 3188 § 3, 1996)

6A.42.040 Enforcement.

Law enforcement officers of the city of Wenatchee, Washington, shall have the authority to momentarily detain and question a child where the law enforcement officer suspects a 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 the parent or custodian is in violation of this chapter, said law enforcement officer shall have the authority to take the child into custody pursuant to RCW 13.32A.050, 13.32A.060 and 13.32A.065, until such time as the parent or custodian can be contacted, for the safety and in the best interests of the child’s well being. (Ord. 3188 § 4, 1996)

6A.42.050 Violation – Penalties.

Should a law enforcement officer determine that a parent or custodian has violated the provisions of this chapter an infraction notice may be issued to the parent or custodian. The infraction notice shall include and inform the parent or custodian of the following:

(1) The location where the child was found.

(2) The date and time the child was found.

(3) 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.

(4) A copy of the ordinance if requested. (Ord. 3188 § 5(A), 1996)

6A.42.060 Report.

The law enforcement officer shall make a report of the incident to the Child Protective Services of the State of Washington. The officer shall assist Child Protective Services with respect to any reasonable and lawful action which Child Protective Services requests. (Ord. 3188 § 5(B), 1996)

6A.42.070 Civil infraction.

Violation of this chapter shall be deemed a civil infraction. Any person found to have such a civil infraction shall be assessed a monetary penalty of not less than $50.00 nor to exceed $500.00 for each offense. (Ord. 3188 § 5(C), 1996)