Chapter 10.82
PARENTAL RESPONSIBILITY FOR JUVENILES
Sections:
10.82.010 Statement of purpose.
10.82.050 Authority to enforce.
10.82.060 Violations—Procedure.
10.82.010 Statement of purpose.
The city council of the city of Centralia finds that it is contrary to the health, safety and general welfare of children under the age of sixteen to be unsupervised, in certain public places and outside their residences between the hours of twelve-thirty a.m. and five a.m., and that parents can, with proper supervision, ensure that their children remain in their residences during these hours. The city council further finds that it is a reasonable and effective exercise of police power of the city of Centralia to make parents responsible for the whereabouts of their children during these late night/early morning hours. (Ord. 1761 § 1 (part), 1992).
10.82.020 Definitions.
For the purpose of this chapter, the following words shall have the following meanings:
A. “Child” means any unemancipated person, male or female, under the age of sixteen years.
B. “Parent” means the mother, father, or both (both being referred to in the singular as “parent”), guardian or other adult person having the legal care, custody or control of a child. (Ord. 1761 § 1 (part), 1992).
10.82.030 General provisions.
No parent shall allow his or her child to remain in, on, or occupy any area of the public streets, roads, alleys, parks, playgrounds, any other public grounds, places of amusement, places of entertainment, commercial establishments, or public parking lots between the hours of twelve-thirty a.m. and five a.m., except as allowed under this chapter. As used herein, the term “allow” includes those situations where the parent has failed to monitor or account for the child’s location between the hours of twelve-thirty a.m. and five a.m. (Ord. 1761 § 1 (part), 1992).
10.82.040 Exemptions.
A parent of the following children shall be exempt from the enforcement provisions of this chapter:
A. A child accompanied by his parent;
B. A child engaged in lawful employment;
C. A child on an errand or on legitimate business pursuant to instruction from his parent;
D. A child involved in an emergency concerning the person or property of himself or another;
E. A child returning home from school or church sponsored activities, or from other activities supervised by an adult. The term “returning home” means immediately and directly after participation in such activity, without a broken chain of sequences and time between the end of such event and the time such child returns to his or her residence or such other place as shall be authorized by his or her parent;
F. A child in a moving motor vehicle. (Ord. 1761 § 1 (part), 1992).
10.82.050 Authority to enforce.
Law enforcement officers of the city shall have authority to reasonably stop and momentarily detain a child to obtain his or her name, age and address, as well as the name and address of his or her parent whenever the law enforcement officers shall reasonably suspect that the parent of such child is in violation of CMC 10.82.030. Upon determination that the parent of such child is in fact in violation of CMC 10.82.030 and not exempt under CMC 10.82.040, the law enforcement officer shall direct or deliver the child to the residence of his or her parent. (Ord. 1761 § 1 (part), 1992).
10.82.060 Violations—Procedures.
A. Should a law enforcement officer have probable cause to believe 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/warning to the parent or custodian. The notice/warning shall 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; and
4. A warning that the parent or custodian was in violation of this chapter, a copy of which shall be attached to the notice/warning.
B. The law enforcement officer shall:
1. Maintain a record of any violation and the notice/warnings given as a result thereof;
2. Make a report of the incident to the Child Protective Services of the state of Washington; and
3. Assist Child Protective Services with respect to any reasonable and lawful action with which Child Protective Services requests assistance. (Ord. 1761 § 1 (part), 1992).
10.82.070 Violation—Penalty.
Upon a parent’s first violation per child, notice thereof shall be given to the parent. Upon the second violation involving the same child, a summons shall be served on the parent and a hearing shall be held before the city municipal court, at which time the parent shall appear and answer to the charge of violating this chapter. Upon a determination by the judge that a second violation has occurred involving the same child, a fine of not less than twenty-five dollars nor more than one thousand dollars shall be imposed upon the parent. Upon a third or subsequent violation involving the same child, the parent shall be subject to a fine of not less than fifty dollars nor more than one thousand dollars. If a parent has reported his or her child to be missing, and has requested police assistance in the return of the child, the parent shall not be charged with violating this chapter. (Ord. 1761 § 1 (part), 1992).