Chapter 8.14
CURFEW HOURS FOR MINORS
Sections:
8.14.020 Minor curfew offenses.
8.14.030 Parental responsibility for curfew violations.
8.14.050 Enforcement procedure.
8.14.010 Definitions.
(1) “Curfew hours” means:
(a) “Weekday curfew hours” means the following:
(i) During the months of September, October, November, December, January, February, March, April, May and the first 15 days of June, the period of time commencing at 11:00 p.m. on Sundays, Mondays, Tuesdays, Wednesdays, and Thursdays, and ending at 6:00 a.m. the following day;
(ii) During the second 15 days of June, and the months of July and August, the period of time commencing at 12:01 a.m. each day and ending at 6:00 a.m;
(b) “Weekend curfew hours” means the period of time commencing at 12:01 a.m. on Fridays and Saturdays, and ending at 6:00 a.m.
(2) “Emergency” means an unforeseen combination of circumstances that calls for immediate action. The term includes, but is not limited to, fires, natural disasters, motor vehicle accidents and collisions, or any situation requiring immediate action to prevent serious bodily injury, loss of life or significant property damage.
(3) “Establishment” means any privately owned place of business operated for profit, to which the public is invited, including, but not limited to, any place of amusement or entertainment, together with any parking lot used in connection therewith.
(4) “Guardian” means:
(a) A person who, under court order, is the legal guardian of the person of a minor;
(b) A public or private agency with whom a minor has been placed by a court; or
(c) A person at least 18 years of age who is authorized by a parent or legal guardian to have the care and custody of a minor.
(5) “Minor” means any person under the age of 18 years.
(6) “Operator” means any person, firm, association, partnership, or corporation that operates, manages, owns or conducts any establishment which is open during weekday curfew hours, weekend curfew hours or public school holiday curfew hours. The term includes the members or partners of an association or partnership and the officers of a corporation.
(7) “Parent” means a person who is a natural parent, an adoptive parent, a foster parent, or a step-parent of a minor.
(8) “Public place” means any place to which the public, or a substantial group of the public, has access, and includes but is not limited to streets, highways, alleys, sidewalks, parking lots, parks, the common areas of schools, hospitals, apartment houses and office buildings, shopping malls, stores and shops, theaters, bowling alleys, places of amusement and places of entertainment.
(9) “Remain” means to:
(a) Linger or stay, or
(b) Fail to leave premises when requested to do so by a police officer or the owner, operator, manager or other person in control of premises. (Ord. 2656 § 1, 1997).
8.14.020 Minor curfew offenses.
It is a civil infraction for any minor to remain in any public place or establishment within the city of Longview during curfew hours.
(1) The first violation shall consist of a verbal warning.
(2) The second violation shall be a Class IV civil infraction.
(3) The third violation shall be a Class III civil infraction.
(4) The fourth and all subsequent violations shall be Class II civil infractions. (Ord. 2656 § 1, 1997).
8.14.030 Parental responsibility for curfew violations.
It is a civil infraction for any parent or guardian having custody or control of any minor to permit or knowingly allow such minor to remain in any public place or on the premises of any establishment in the city of Longview during curfew hours.
(1) The first violation shall be the subject of a verbal warning.
(2) The second violation shall be a Class IV civil infraction.
(3) The third violation shall be a Class III civil infraction.
(4) The fourth and all subsequent violations shall be Class II civil infractions. (Ord. 2656 § 1, 1997).
8.14.040 Defenses.
It shall be a complete defense to any prosecution under LMC 8.14.020 or 8.14.030 that the minor was:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without detour or deviation;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning from an employment activity, without detour or deviation;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;
(7) Attending an official school, religious, or other recreational activity supervised by adult persons and sponsored or conducted by the city of Longview, a civic organization, a school district, or another similar entity that takes responsibility for the minor, or going to or returning from, without any detour or deviation, an official school, religious, or other recreational activity supervised by adult persons and sponsored by the city of Longview, a civic organization, a school district, or other similar entity that takes responsibility for the minor;
(8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly;
(9) Attending or returning home from, without detour or deviation, any theater, movie house or sporting event; provided, however, that the minor shall have in his or her possession and shall present to a police officer upon request, the ticket or ticket stubs from the theater, movie house or sporting event;
(10) Married and thus has achieved the age of majority pursuant to RCW 26.28.020, or has become emancipated in accordance with RCW 13.64.060(2);
(11) Engaged in lawful commercial activity which is commenced prior to curfew hours and the minor proceeds directly home upon termination of the commercial activity. (Ord. 2656 § 1, 1997).
8.14.050 Enforcement procedure.
Prior to the issuance of a verbal warning or a notice of civil infraction, a police officer shall ask the apparent offender’s age and reason for being in the public place or establishment. The police officer shall not issue a verbal warning or notice of civil infraction unless the police officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense exists under LMC 8.14.040.
A police officer who reasonably believes that a minor is violating any of the provisions of this chapter shall have the authority, in addition to the issuance of a notice of civil infraction, to take the minor into custody, shall inform the minor of the reason or reasons therefor and may contact the parent or guardian of such minor and request that they appear at the Longview police department (or other place of custody) and assume the custody and responsibility for such minor. In the event that such parent or guardian should not do so, or should the police officer be unable to make telephone contact with such parent or guardian, the police officer shall:
(1) Deliver the minor to the residence of such minor’s parent or guardian, and release such minor to the custody of such parent or guardian;
(2) If there is no parent or guardian present at such residence, deliver the minor to the Cowlitz County conference center, and detain said minor at such location while continued attempts are made to notify the parent or guardian of such minor’s detention, and their responsibility to remove the minor from such facility;
(3) If no parent or guardian can be located within a reasonable time, or if such parent or guardian does not or declines to remove such minor from said facility, deliver said minor to the Cowlitz County juvenile service center, and release such minor to the custody of the person or persons then in charge of such center. (Ord. 2656 § 1, 1997).