Chapter 9.09
JUVENILE CURFEW AND PARENTAL RESPONSIBILITY
Sections:
9.09.040 Parental responsibility.
9.09.010 Short title.
The ordinance codified in this chapter shall be known and may be cited as the juvenile curfew and parental responsibility ordinance. (Ord. 1196 §7(part), 1997; Ord. 1141 (part), 1994: Ord. 1125 (part), 1994)
9.09.020 Definitions.
For the purposes of this chapter, the following terms shall have the meanings hereafter stated. When not inconsistent with the content, the singular shall include the plural, plural shall include singular, masculine shall include feminine, and present tense shall include future tense. The word “shall” is mandatory and not merely directory.
“Minor” means any unemancipated person under the age of eighteen.
“Parent” means the natural or adoptive mother or father, guardian or other person age eighteen or older having the legal care, custody or control of a minor.
“Public place” means any street, alley, highway, sidewalk, park, playground or other place to which the general public has access and a right to be for business, entertainment, or other lawful purpose.
A public place shall include but not be limited to any store, shop, restaurant, tavern, cafe, pool room, grocery store, convenience store, fast food franchise, shopping center, parking lot, gas station and any other place devoted to use of the general public. It shall also be the immediate surrounding area of the above.
“School night” means any night before a day in which school shall be in session within the Goldendale School District. (Ord. 1196 §7(part), 1997; Ord. 1141 (part), 1994: Ord. 1125 (part), 1994)
9.09.030 Curfew for minors.
A. It is unlawful for any minor to be or remain in any public place on a school night between the hours of ten p.m. and five a.m.
B. On any night which is not a school night, the curfew shall be extended from ten p.m. to eleven p.m.
C. The provisions of subsections A and B of this section shall not apply to the following circumstances:
1. When the minor is accompanied by a parent;
2. When the minor is engaged in lawful employment or is traveling by direct route to or from such place of employment;
3. When the minor is on an errand or specific business or activity directed or permitted by his parent;
4. When the minor is involved in an emergency;
5. When the minor is in a motor vehicle and engaged in interstate travel with the consent of a parent;
6. When the minor is within one block of his legal residence;
7. When the minor is attending or traveling by direct route to or from an activity supervised by a parent as defined in Section 9.12.020 including, but not limited to, a dance, movie, theater presentation, sporting event or other official school, religious, or other recreational activity. Minors attending such activities shall return to their residences within a reasonable time, but no more than one hour after the activity has ended if it ends during curfew hours;
8. When the minor is exercising First Amendment rights protected by the United States Constitution, such as the freedom to exercise religion, freedom of speech, and the right of assembly. (Ord. 1196 §7(part), 1997; Ord. 1141 (part), 1994: Ord. 1125 (part), 1994)
9.09.040 Parental responsibility.
It is unlawful for the parent of a minor to permit or by inefficient control to allow the minor to be or remain in any public place in violation of Section 9.12.030. (Ord. 1196 §7(part), 1997; Ord. 1141 (part), 1994: Ord. 1125 (part), 1994)
9.09.050 Procedures.
A. Police officers may stop and question a person they reasonably believe to be a minor in order to obtain the name, address and age of such person, the nature of his presence in a public place, and the name and address of his parents.
B. Any police officer, upon finding a minor in violation of Section 9.12.030, shall advise the minor that he/she is in violation of curfew and shall direct the minor to proceed immediately to his/her place of residence. The police officer may report such action to, the parents of the minor, or may report such action to the police department dispatcher, who in turn may notify the parents.
C. If such minor refuses to heed such warnings or direction by any police officer or refuses to give such police officer his correct name and address, or if the minor has been warned on a previous occasion that he is in violation of curfew, he 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 shall be released to the juvenile authorities or to the children’s protective services of the department of social and health services.
D. If the minor is determined to be in violation of Section 9.12.030 and the police officer has reason to believe the minor is in danger, the officer may take the minor into protective custody and deliver or arrange to deliver the minor, in the following order, to:
1. The parent; or
2. The police department; or
3. An appropriate facility of the department of social and health services. (Ord. 1196 §7(part), 1997; Ord. 1141 (part), 1994: Ord. 1125 (part), 1994)
9.09.060 Violations.
A. A violation of this chapter shall be a civil infraction, to be heard and determined by the municipal/east district court.
1. 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;
2. The notice of infraction shall be in substantially the same form as prescribed by RCW 43.63.060 for traffic infractions.
B. All proceedings for responding to a notice of infraction under this chapter and conducting a hearing on any contested notice of infraction, or a mitigation hearing, shall be the same procedures prescribed for responding to traffic infractions set forth in RCW Chapter 46.63. If any person issued a notice of infraction fails to respond as required, or fails to appear at a hearing requested by him, the court shall find that the infraction was committed.
C. A person found to have committed an infraction shall be assessed a monetary penalty of no more than twenty-five dollars for a first offense.
D. The maximum penalty that may be assessed is three hundred dollars.
E. In all cases where the court determines that an infraction has been committed, court costs shall be assessed in addition to any monetary penalty.
F. There shall be an additional penalty of twenty-five dollars for failure to respond to a notice of infraction.
G. All monetary penalties imposed pursuant to this chapter shall be payable immediately. If the person who committed the infraction is unable to pay at that time, the court may, in its discretion, grant an extension of time or allow payment in installments.
H. All proceedings under this chapter shall be civil in nature. (Ord. 1196 §7(part), 1997; Ord. 1141 (part), 1994: Ord. 1125 (part), 1994)