Chapter 9.25
MINORS
Sections:
Article I. Curfew
9.25.020 Definition of a public place.
9.25.040 Parental responsibility.
9.25.050 Temporary custody procedure.
9.25.080 Reporting of repeat offenders.
9.25.090 Third party liability.
9.25.100 Review and evaluation.
Article II. Miscellaneous Provisions
9.25.110 Leaving child unattended.
9.25.130 Communication with minor for immoral purposes.
Article I. Curfew
9.25.010 Established.
No minor under the age of 18 shall be in or upon any public place within the city of Forks between the hours of midnight and 5:00 a.m. (Ord. 390 § 1, 1995)
9.25.020 Definition of a public place.
"Public place," as used in this article, means an area generally visible to public view, and includes but is not limited to streets, sidewalks, bridges, alleys, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink or provide entertainment, and also including the doorways and entrances to such buildings or dwellings. (Ord. 390 § 2, 1995)
9.25.030 Exemptions.
(1) At any time, if the minor is accompanied by his or her parent, legal guardian, or other responsible person who is over the age of 18 and approved by the minor’s parent, guardian, custodian or other adult person having custody or control of such minor to accompany such minor.
(2) If the minor is on an errand as directed by his or her parent, guardian, custodian or other adult person having custody or control of such minor.
(3) If the minor is legally employed, for the period one-half hour before to one-half hour after work, while going directly between his or her home and place of employment. This exception shall also apply if the minor is in a public place during curfew hours in the course of his or her employment.
(4) If the minor is coming directly home from an adult organized/supervised activity or a place of public entertainment, such as a movie, play, sport event, school sponsored social function. This exception will apply for one-half hour after the completion of such an event.
(5) If the minor is on an emergency errand directed or permitted by his or her parent, guardian, custodian or other adult person having custody or control of such minor.
(6) If the minor is traveling by direct routes to or from an event sponsored by an accredited educational institution.
(7) If the minor is in a motor vehicle and engaged in interstate travel with the consent of a parent, guardian, custodian or other adult person having custody or control of such minor through the state of Washington. (Ord. 390 § 3, 1995)
9.25.040 Parental responsibility.
(1) It shall be unlawful for the parent, guardian or other adult person having custody or control of a minor under the age of 18 years to knowingly permit, or by failing to exercise reasonable lawful control over their minor allow, a violation of this article by a minor in his or her custody or control.
(2) It shall be a defense to a violation of this section if an adult can demonstrate with substantive evidence by a preponderance of the evidence that the minor’s action were the result of rebellion beyond the control of the adult. (Ord. 390 § 4, 1995)
9.25.050 Temporary custody procedure.
(1) The city of Forks police department and its officers are hereby granted the authority to take into custody, in order to ensure the safety and well being of the minor, for a limited period of time any minor reasonably believed to be in violation of this article.
(2) Duration of this custody shall only be as long as reasonably needed to deliver or arrange delivery of the minor either to:
(a) The minor’s parent, guardian, custodian or other adult person having custody or control of said minor; or
(b) The city of Forks police department until such time as the minor’s parent, guardian, custodian or other adult person having custody or control of said minor can be located and the minor delivered to the same; or
(c) The appropriate juvenile authority or state agency when the police department, after making a reasonable effort to locate the minor’s parent, guardian, custodian or other adult person having custody or control of said minor, is unable to locate the same.
(3) At absolutely no time is the minor to be held by the city of Forks police department within the city of Forks jail. (Ord. 390 § 7, 1995)
9.25.060 Violations.
(1) A violation of either FMC 9.25.010 or 9.25.040 is designated as a civil infraction.
(2) A person found to have committed an infraction under this article shall be assessed a monetary penalty. No penalty shall exceed $250.00 for each offense.
(3) During the first six months following enactment of this article, the city of Forks police department shall provide an oral warning to minors found to be in violation of this article, as well as to the parent, guardian, custodian or other adult person having custody or control of such a minor. The officer providing such an oral warning shall record the date, time, subject, and recipients of such a warning and file this information with the police department.
(4) On the first violation of this article, except as provided by subsection (3) of this section, the minor and/or parent shall receive a written warning of the offense. A copy of this warning shall be maintained by the city of Forks police department.
(5) Subsequent violations of this article, pursuant to subsection (3) and (4) of this section, shall result in the violator being assessed a minimum monetary penalty as follows:
(a) Second violation: $25.00.
(b) Third violation: $50.00.
(c) Fourth violation: $100.00.
(d) Fifth violation: $150.00.
(e) Sixth and subsequent violations: $250.00.
(6) In lieu of payment of any or all of the monetary penalty, the court may permit the person, or persons, cited under this article to perform community service. (Ord. 390 § 5, 1995)
9.25.070 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 FMC 9.25.030 or 9.25.040 is present. (Ord. 390 § 6, 1995)
9.25.080 Reporting of repeat offenders.
Whenever a person has committed more than five violations of this article in a 24-month period of time, the city police chief shall make a copy of the report associated with each violation and forward these copies to the appropriate state agency for their review and action. (Ord. 390 § 8, 1995)
9.25.090 Third party liability.
(1) It is expressly the purpose of this article 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 article.
(2) It is the specific intent of this article that no provisions nor any term used in this article 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 article shall be discretionary and not mandatory.
(3) Nothing contained in this article is intended nor shall be construed to create or form the basis of any liability on the part of the city, or 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 article by its officers, employees or agents. (Ord. 390 § 9, 1995)
9.25.100 Review and evaluation.
The city council shall review the need for this article annually. By July 1, 1996, and each year thereafter, the city attorney and city police chief shall review this article and report and make recommendations to the city council concerning the effectiveness of and the continuing need for this article. The report shall include, but not be limited to, the following information:
(1) The practicality of enforcing this article, as well as any problems experienced with enforcement as identified by the Forks police department or the city attorney; and
(2) The impact of this article on juvenile crime statistics and the public perception of juvenile crime; and
(3) The number of juveniles cited under this article for curfew violations; and
(4) The number of juveniles taken into custody for curfew violations; and
(5) The number of parents cited for violations of this article; and
(6) The number of repeat offenders reported to state agencies. (Ord. 390 § 11, 1995)
Article II. Miscellaneous Provisions
9.25.110 Leaving child unattended.
(1) It shall be unlawful for any person having in his custody, or under his control, as parent, guardian or otherwise, any child under the age of 12 years to place or leave said child unattended by a competent of responsible person in a car, home or under any other circumstances whereby said child may be in danger or suffer through want of attention to its needs.
(2) Any person violating the provisions of subsection (1) of this section shall be punished by a fine not to exceed $100.00 or be imprisoned in the city jail not to exceed 30 days or by such fine and imprisonment. (Ord. 83 §§ 1, 2, 1960)
9.25.120 Tobacco products.
(1) Minors Prohibited from Having Tobacco Products. It shall be unlawful for any person under the age of 18 to purchase or attempt to purchase, possess, or obtain or attempt to obtain cigarettes or tobacco products within the city of Forks.
(2) Penalty. Any person who violates this section shall be found to have committed a Class 3 civil infraction as described under applicable state law, or the court may require participation by the violator in up to four hours of community service, or both. In addition to these penalties, the court may also require that the violator participate in a smoking cessation program. Such participation shall be required on any second and subsequent offense of this section.
(3) Exemption from the Prohibition. This provision does not apply if a person under the age of 18, with written parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity.
(4) Enforcement. Pursuant to 2ESHB 1746, found in Chapter 133, 1998 Session Laws, the district court has "jurisdiction for enforcement of this section," and as such shall be the court that shall hear all such violations of this section that occur within the city of Forks. (Ord. 442 §§ 1 – 4, 1998)
9.25.130 Communication with minor for immoral purposes.
(1) Findings. The city council finds that the prevention of the sexual exploitation and abuse of children constitutes a government objective of surpassing importance. The care of children is a sacred trust and should not be abused by those who seek personal gratification based upon the exploitation of children.
(2) Any person who communicates with a minor for immoral purposes is guilty of a gross misdemeanor. A second offense of this crime, or a violation of this section after the defendant has already been prosecuted for a felony sex offense as listed in Chapter 9.68A, 9A.44, or 9A.64 RCW will be forwarded to the Clallam County prosecutor in order to pursue felony charges.
(3) For the purposes of this section, the communication with a minor for immoral purposes includes any communication by any person to a minor for the predatory purpose of promoting the minor’s exposure to and involvement in sexual conduct. A predatory purpose can be demonstrated from such things as an enticement of a minor to participate in sexual conduct for money, alcohol, or services, or an invitation or inducement with or without consideration to engage in behavior constituting indecent liberties.
(4) In a prosecution under this section, it is not a defense that the defendant did not know the alleged victim’s age; provided, that it is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense the defendant made a reasonable bona fide attempt to ascertain the true age of the minor by requiring production of a driver’s license, marriage license, birth certificate, or other governmental or educational identification card or paper and did not rely solely on the oral allegations or apparent age of the minor.
(5) Penalty. A defendant who is convicted of violating this section shall, as a minimum, be required to pay a $500.00 fine. In addition, a defendant who is convicted of violating this section shall as a minimum serve no less than 10 days in jail. Also, the court entering the order shall require that the defendant have no unsupervised contact with minors for a period of one year, except those related by blood or marriage. (Ord. 388 §§ 1 – 5, 1995)