Chapter 9.20
Laws relating to minors
Sections:
9.20.040 Exceptions to curfew – Defenses.
9.20.010 Purpose.
The purpose of this chapter is:
(1) To protect juveniles and other citizens, residents, and visitors of the town of Concrete from the dangers of crime which occur in the vicinity of public streets, in the public parks, or in any other place during the late night and early morning hours;
(2) To decrease the amount of criminal activity engaged in by juveniles;
(3) To promote and enhance parental control over juveniles; and
(4) To preserve the public safety and to reduce acts of violence by or against juveniles that is occurring in the town of Concrete at rates beyond the capacity of the police to assure public without the aid of a juvenile curfew. [Ord. 508 § 2, 2003]
9.20.020 Definitions.
In this chapter:
(1) “Aid and abet” means that any person, with knowledge that he or she will promote or facilitate the commission of a curfew violation, either:
(a) Solicits, commands, encourages, helps, assists, or requests a juvenile to commit the violation; or
(b) Aids or agrees to aid a juvenile or other person in planning or committing a violation.
The word “aid” means all assistance whether given by words, acts, encouragement, support, presence, or neglect of parent or custodial responsibilities for a juvenile required by any existing or hereinafter enacted statute of this state.
(2) “Curfew hours” means Sunday through Thursday from 10:00 p.m. to 6:00 a.m. and Friday and Saturday from 12:00 a.m. to 6:00 a.m.
(3) “Direct route” means the shortest path of travel through a public place to reach a final destination without any detour or stop along the way.
(4) “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.
(5) “Establishment” means any privately owned place of business operated for a profit to which the public is invited, including but limited to any store, shop, restaurant, bowling alley, cafe, theater, drug store, golf course, poolroom, shopping center, video arcade, and any other place open to the general public and devoted to business, amusement, or entertainment.
(6) “Interstate” travel means transportation between states of the United States or between a state of the United States and a foreign country, to which travel through the town or is merely incidental.
(7) “Intrastate transportation” means transportation between locations within the state of Washington, to which any travel through the town of Concrete is merely incidental.
(8) “Juvenile” means any person under 18 years of age.
(9) “Operator” means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
(10) “Parent” means the natural parent, adoptive parent or stepparent of a juvenile.
(11) “Public place” means any place to which the public or substantial group of the public has access and includes, but is not limited to, streets, highways, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. The terms shall also include establishments as defined above.
(12) “Remain” means to:
(a) Linger or stay;
(b) 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 of any establishment or other public place.
(13) “Responsible adult” means an adult who is at least 18 years of age and has been designated in writing by a parent or court-appointed guardian to have care and custody of a juvenile. [Ord. 508 § 3, 2003]
9.20.030 Offenses.
(1) Except as set forth in CMC 9.20.040, it shall be a civil infraction for any juvenile to knowingly remain, walk, run, stand, drive or ride about, in or upon any public place in the town or on the premises of any establishment within the town during curfew hours.
(2) Except as set forth in CMC 9.20.040, it shall be a civil infraction for any person to aid or abet a juvenile to commit a curfew violation. [Ord. 508 § 4, 2003]
9.20.040 Exceptions to curfew – Defenses.
(1) It shall not be a violation of CMC 9.20.030 that the juvenile was:
(a) Accompanied by the juvenile’s parent, guardian, or other responsible adult;
(b) On an errand at the direction of the juvenile’s parent or guardian, without making unnecessary detour or stop;
(c) In a motor vehicle involved in intrastate or interstate travel;
(d) Engaged in lawful employment activity or going to or returning home by a direct route from a lawful employment activity, without any detour or stop;
(e) Involved in an emergency or on an errand made necessary by an emergency;
(f) On a sidewalk abutting the juvenile’s residence or abutting the residence of a next door neighbor;
(g) Attending a school, religious, recreational or other activity supervised by responsible adults or sponsored by the town of Concrete, civic organization, or other similar entity that provides supervision by adults, or traveling by a direct route to or from such activity, without any detour or stop;
(h) Lawfully present within or upon an establishment or going to or returning from such establishment without any detour or stop;
(i) Going to or returning from the residence of another with the knowledge and consent of the juvenile’s parent or guardian without any detour or stop;
(j) Married or had been married or had become emancipated in accordance with Chapter 13.64 RCW;
(2) It shall not be a violation of CMC 9.20.030 when any parent or guardian or other responsible adult, unable to control the whereabouts and activities of a juvenile in their care, custody, or control has contacted the town of Concrete police department and reported such juvenile as possibly appearing in locations and at times that would violate this chapter;
(3) It shall not be a violation of CMC 9.20.030 when any owner, operator, or employee of an establishment promptly notifies the town of Concrete police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave after being asked to leave. [Ord. 508 § 5, 2003]
9.20.050 Enforcement.
(1) Prior to the issuance of a verbal or written warning or a notice of civil infraction, a police officer shall ask the parent offender’s name, age, address, and the reason for being in a public place. The officer shall not issue a warning or citation or take further action under this section unless the officer reasonably believes a violation has occurred and that based on any response and other circumstances, no exemption exists under CMC 9.20.040.
(2) Pursuant to RCW 13.32A.050(1)(b), a police officer, who reasonably believes that a juvenile is in violation of CMC 9.20.030, shall have the authority to take the juvenile into custody.
Pursuant to RCW 13.32A.060, an officer taking a juvenile into custody shall inform the juvenile for such custody and shall either:
(a) Transport the juvenile to his or her home or to a parent or guardian at his or her place of employment if no parent or guardian is at home. Parent or guardian may request that the officer take the juvenile to the home of an adult extended family member, responsible adult, crisis residential center, the Department of Social and Health Services, or a licensed youth shelter. In responding to the request of the parent or guardian, the officer shall take the juvenile to a requested place, which, in the officer’s belief, is within a reasonable distance of the parent or guardian’s home. The officer releasing a juvenile into the custody of a parent, guardian, an adult extended family member, responsible adult, or a licensed youth shelter shall inform the person receiving the child of the reason for taking the child into custody and inform all parties of the nature and location of appropriate services available in the community; or
(b) After attempting to notify the parent or guardian, take the juvenile to a designated crisis residential center secure facility, or a center semi-secure facility if the secure facility is full, not available, or not located within a reasonable distance:
(i) If a juvenile expresses fear or distress at the prospect of being returned to his or her home which leaves the officer to believe there is a possibility that the child is experiencing some type of child abuse or negligence, as defined in RCW 26.44.020; or
(ii) If it is not practical to transport the juvenile to his or her home or place of the parent or guardian’s employment; or
(iii) If there is no parent or guardian available to accept custody of the child; or
(c) After attempting to notify the parent or guardian, if a crisis residential center is full, not available, or not located within a reasonable distance, the officer may request the Department of Social and Health Services to accept custody of the child. If the Department determines that an appropriate placement is currently available, the Department shall accept custody and place the juvenile in an out-of-home placement. If the Department declines to accept custody of the juvenile, the officer may release the juvenile after attempting to take the juvenile to the following, in the order listed:
(i) The home of an adult extended family member;
(ii) A responsible adult;
(iii) A licensed youth shelter.
The officer shall immediately notify the Department of Social and Health Services if no placement option is available and the child is released.
(3) An officer’s responsibility under this section after taking a juvenile into custody for a curfew violation, shall be changed, expanded or limited without further amendment of this chapter to be consistent with the provision of RCW 13.32A.050 and 13.32A.060 as now or hereinafter amended. [Ord. 508 § 6, 2003]
9.20.060 Violation – Penalty.
(1) It shall be a civil infraction to commit a violation of CMC 9.20.030. Skagit District Court shall have jurisdiction over all civil infractions issued under this chapter. Civil infractions shall be issued and processed in accordance with Chapter 7.80 RCW as currently enacted or as hereinafter amended, which is incorporated herein by this reference.
(2) Person found to have committed a civil infraction shall be assessed a monetary penalty as follows:
(a) First offense – Warning;
(b) Second offense – Fine not to exceed $250.00. [Ord. 508 § 7, 2003]