Chapter 9.37
JUVENILE CURFEW
Sections:
9.37.040 Parental responsibility.
9.37.070 Violations – Infraction.
9.37.080 Violations – Penalty.
9.37.010 Short title.
The ordinance codified in this chapter shall be known and may be cited as the “Juvenile Curfew and Parental Responsibility Ordinance”. (Ord. 94-05 § 1, 1994).
9.37.020 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
A. “Minor” means any unemancipated person, male or female, under the age of 18 years.
B. “Parent” means the mother, father, guardian, or other adult person having the legal care, custody or control of a minor (as defined in subsection (A) of this section).
C. “Public place” shall mean any street, alley, highway, sidewalk, park, playground or place to which the general public has access and right to resort for business, entertainment or other lawful purpose. A public place shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above. (Ord. 94-05 § 1, 1994).
9.37.030 Curfew for minors.
It is unlawful for any minor to be or remain in or upon any public street or public place as defined in EMC 9.37.020, within the town after the hour of 1:00 a.m. on days in which there is no school, and after the hour of 11:00 p.m. on nights preceding a school day. Exceptions are allowed under EMC 9.37.050. (Ord. 94-05 § 1, 1994).
9.37.040 Parental responsibility.
No parent shall allow a minor to remain in or occupy any public streets or public place as defined in EMC 9.37.020, within the town after the hour of 1:00 a.m. on days in which there is no school, and after the hour of 11:00 p.m. on nights preceding a school day. Exceptions are allowed under EMC 9.37.050. (Ord. 94-05 § 1, 1994).
9.37.050 Exceptions.
A parent of a minor shall be exempt from the enforcement provisions of this chapter when:
A. A minor is accompanied by his or her parent;
B. A minor is engaged in lawful employment;
C. A minor is on an errand or on legitimate business pursuant to instructions from his or her parent;
D. A minor is involved in an emergency concerning the person or property of himself, herself, or another;
E. A minor is attending school-sponsored activities or an activity sponsored and supervised by adults with the minor’s parental approval, or a minor is returning home from such activities. 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 minor returns to his or her residence or such other place as shall be authorized by his or her parent. (Ord. 94-05 § 1, 1994).
9.37.060 Procedures.
A. Police officers may stop and question a person they reasonably believe to be a minor in violation of EMC 9.37.030, in order to obtain the name, address and age of such person, the nature of his or her presence in a public place, and the name and address of his or her parents.
B. Any police officer, upon finding a minor in violation of EMC 9.37.030 and upon determining that the parent of such minor is in violation of EMC 9.37.040, shall advise the minor that he or she is in violation of curfew and shall direct the minor to proceed immediately to the minor’s place of residence. The police officer may report such action to the parent of the minor.
C. If such minor refuses to heed such warnings or direction by any police officer or refuses to give such police officer his or her correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of curfew, he or she may be taken to the police department and the parent shall be notified to come and take charge of the minor. If the parent cannot be located or fails to come and take charge of the minor, the minor may be released to the juvenile authorities, to the children’s protective services of the Department of Social and Health Services, or the minor may be released to return home. (Ord. 94-05 § 1, 1994).
9.37.070 Violations – Infraction.
A. A violation of this chapter shall be a civil infraction, to be heard and determined by the Eatonville municipal court.
B. A police officer has the authority to issue a notice of infraction when the infraction is committed in the officer’s presence or if an officer, upon investigation, has reasonable cause to believe that a person has committed a violation of this chapter.
C. If any person issued a notice of infraction fails to respond as required, or fails to appear at a hearing requested by him or her, the court shall find that the infraction was committed. (Ord. 94-05 § 1, 1994).
9.37.080 Violations – Penalty.
A. Upon a parent’s first violation, notice thereof shall be given to the parent.
B. Upon a parent’s second violation, a summons shall be served on the parent and a hearing shall be held before the town municipal court, at which time the parent shall appear and answer the charge of violating this chapter. Upon a determination by the court that a second violation has occurred, a fine of not less than $50.00 nor more than $300.00 shall be imposed upon the parent.
C. Upon a third or subsequent violation involving the same parent, the parent shall be subject to a fine of not less than $300.00. (Ord. 94-05 § 1, 1994).