Chapter 9.32
OFFENSES BY OR AGAINST JUVENILES
Sections:
9.32.020 Minors prohibited in taverns.
9.32.030 False identification to obtain liquor.
9.32.040 Unlawful to allow minor where intoxicants served.
9.32.050 Contributing to the delinquency or dependency of minor.
9.32.060 Leaving children under 12 unattended in parked automobile.
9.32.065 Leaving children under 12 in an unattended vehicle.
9.32.070 Leaving children unattended in standing vehicle with motor running – Penalty.
9.32.080 Consumption or possession of liquor by minor – Exhibition of effects.
9.32.090 Supplying liquor to minors.
9.32.095 Possession of tobacco by minor – Penalty.
9.32.100 Failure to supervise child.
9.32.140 Providing shelter to minor – Requirements to notify parent, law enforcement, or department.
9.32.150 Communication with minor for immoral purposes.
Statutory references:
RCW 9A.42.010(8), Definitions – Samaritan
RCW 13.04.011(5) and (6), Definition – Parent or custodian
RCW 13.40.020(14), Definition – Juvenile, youth or child
RCW 13.40.020(15), Definition – Juvenile offender
RCW 66.04.010(23), Definition – Liquor
9.32.010 Definitions.
The following definitions apply in this chapter:
A. “Juvenile offender” means the same as defined in RCW 13.40.020(15).
B. “Juvenile, youth or child” means the same as defined in RCW 13.40.020(14).
C. “Liquor” means liquor as defined in the Washington State Liquor Act (RCW 66.04.010(23)).
D. “Minor” means any person less than 18 years of age, unless otherwise specifically designated.
E. “Parent or custodian” means the parent or custodian as defined in RCW 13.04.011(5) and (6).
F. “Tavern” means a place where intoxicating liquor is served. (Ord. 2007-18 § 2).
9.32.020 Minors prohibited in taverns.
It is unlawful for any person under the age of 21 years to enter or be found in or about a tavern in violation of the Washington State Liquor Control Board regulations. Violation of this section is a misdemeanor. (Ord. 2007-18 § 2).
9.32.030 False identification to obtain liquor.
A. Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such minor to obtain alcoholic beverages shall be guilty of a misdemeanor except that a minimum fine of $250.00 shall be imposed and any sentence requiring community service shall require not fewer than 25 hours of such service; provided, that corroborative testimony of a witness other than the minor shall be a condition precedent to conviction.
B. No person may forge, alter, counterfeit, otherwise prepare or acquire and supply to a person under the age of 21 years a facsimile of any of the officially issued cards of identification that are required for presentation under RCW 66.16.040. A violation of this subsection is a gross misdemeanor except that a minimum fine of $2,500 shall be imposed.
C. No person shall use or attempt to use counterfeit or altered identification to obtain liquor nor shall any such person use someone else’s identification to obtain alcohol or liquor. Violation of this section is a misdemeanor. (Ord. 2007-18 § 2).
9.32.040 Unlawful to allow minor where intoxicants served.
It is unlawful and a misdemeanor for any person having charge of a public place in the city where intoxicating liquors are served to admit or to allow any person under 21 years of age to remain on the premises contrary to the laws of the state. (Ord. 2007-18 § 2).
9.32.050 Contributing to the delinquency or dependency of minor.
It is unlawful for anyone to knowingly encourage or cause or allow a child under the age of 18 years to violate any law of the United States, the state of Washington or any ordinance of the city of Grandview, or Yakima County, Washington. Contributing to the delinquency of a minor is a misdemeanor. (Ord. 2007-18 § 2).
9.32.060 Leaving children under 12 unattended in parked automobile.
Every person having the care and custody, whether temporary or permanent, of minor children under the age of 12 years, who shall leave such children in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous, spirituous or malt liquors are dispensed for consumption on the premises shall be guilty of a gross misdemeanor. (Ord. 2007-18 § 2).
9.32.065 Leaving children under 12 in an unattended vehicle.
Every person having the care or custody, either temporary or permanent, of a child or children less than 12 years of age, who shall leave said child or children in a parked automobile unattended under conditions which pose a reasonable threat to the safety of said child or children shall be guilty of a gross misdemeanor. (Ord. 2007-18 § 2).
9.32.070 Leaving children unattended in standing vehicle with motor running – Penalty.
It is unlawful for any person while operating or in charge of a vehicle, to park or willfully allow such vehicle to stand upon a public highway or in a public place with its motor running, leaving a minor child or children under the age of 16 years unattended in the vehicle. Any person violating the provisions of this section is guilty of a misdemeanor. (Ord. 2007-18 § 2).
9.32.080 Consumption or possession of liquor by minor – Exhibition of effects.
A. It is unlawful for any person under the age of 21 years to acquire in any manner, consume or have in his or her possession any intoxicating liquor.
B. It is unlawful for a person under the age of 21 years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this section, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (1) is in possession of or close proximity to a container that has or recently had liquor in it; or (2) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor.
C. This section does not apply in the case of liquor given or permitted to be given to a person under the age of 21 years by his parent or guardian and which shall be consumed in the presence and on the premises of the parent or guardian or administered to him by his physician or dentist for medicinal purposes or used in connection with religious services. A violation of this section is a gross misdemeanor. (Ord. 2011-1 § 1; Ord. 2007-18 § 2).
9.32.090 Supplying liquor to minors.
It is unlawful for any person to give or otherwise supply intoxicating liquor to any person under the age of 21 years, or to permit any person under 21 years of age to consume, intoxicating liquor on or in his premises, automobile, trailer or vehicle, or on or in any premises, automobile, trailer or vehicle under his control, except as provided in GMC 9.32.080. A violation of this section is a gross misdemeanor. (Ord. 2007-18 § 2).
9.32.095 Possession of tobacco by minor – Penalty.
A person under the age of 18 who purchases or attempts to purchase, possess or obtain cigarettes or tobacco products commits a civil infraction and is subject to a fine of up to $112.00 or participation in up to four hours of community service or both. The court may also require participation in a smoking cessation program. The provisions shall not apply if a person under the age of 18, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department authority. (Ord. 2007-18 § 2).
9.32.100 Failure to supervise child.
A. It is unlawful for any parent, parents or legal guardian of a child under the age of 18 to fail to properly supervise and care for such child, in that such failure or supervision or care contributes to the child violating any law of the U.S., the state of Washington or any ordinance of the city of Grandview or Yakima County.
B. It is unlawful for any parent, parents or legal guardian of a child under the age of 18 to:
1. Neglect or inflict cruelty or depravity upon such child; or
2. Allow such child to live in a house of prostitution; or
3. Allow such child to visit any tavern or bar where it is illegal for a child to be on the premises where alcohol is served; or
4. Allow such child to use unlawful drugs, narcotics or other controlled substances; or
5. Allow or permit a child to continue to be truant after said child has been determined to be a “truant” by the juvenile justice system.
C. Failure to supervise a child is a misdemeanor. (Ord. 2008-26 § 10; Ord. 2007-18 § 2).
9.32.110 Adoption.
The following sections of the Revised Code of Washington are hereby adopted by reference:
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RCW |
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9A.42.035 |
Criminal mistreatment in the third degree. |
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9A.42.037 |
Criminal mistreatment in the fourth degree. |
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9A.42.039 |
Arresting officer, notification by. |
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9A.42.050 |
Defense of financial inability. |
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9A.42.080 |
Abandonment of a dependent person in the third degree. |
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9A.42.090 |
Abandonment of a dependent person – Defense. |
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9A.44.096 |
Sexual misconduct with a minor in the second degree. |
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9A.42.110 |
Leaving a child in the care of a sex offender. |
(Ord. 2008-26 § 10).
9.32.130 Unlawful harboring of a minor – Penalty – Defense – Prosecution of adult for involving child in commission of offense.
A. A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent’s permission, and if the person intentionally:
1. Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or
2. Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or
3. Obstructs a law enforcement officer from taking the minor into custody; or
4. Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.
B. It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.
C. Unlawful harboring of a minor is punishable as a gross misdemeanor.
D. Any person who provides shelter to a child, absent from home, shall notify the police department.
E. An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:
1. Distributing of a controlled substance to a minor, as defined in RCW 69.50.406;
2. Promoting prostitution as defined in Chapter 9A.88 RCW; and
3. Complicity of the adult in the crime of a minor under RCW 9A.08.020. (Ord. 2007-18 § 2).
9.32.140 Providing shelter to minor – Requirements to notify parent, law enforcement, or department.
A. Any person who, without legal authorization, provides shelter to a minor and who knows at the time of providing the shelter that the minor is away from the parent’s home without the permission of the parent, or other lawfully prescribed residence, shall promptly report the location of the child to the parent, the law enforcement agency of the jurisdiction in which the person lives, or the Department of Social and Health Services. The report may be made by telephone or any other reasonable means.
B. Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.
1. “Shelter” means the person’s home or any structure over which the person has any control.
2. “Promptly report” means to report within eight hours after the person has knowledge that the minor is away from a lawfully prescribed residence or home without parental permission.
3. Failure to report as required hereunder is a misdemeanor. (Ord. 2007-18 § 2).
9.32.150 Communication with minor for immoral purposes.
A person who communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to be a minor for immoral purposes, is guilty of a gross misdemeanor. (Ord. 2007-18 § 2).