Chapter 9.60
JUVENILE CURFEW
Sections:
9.60.030 Parental responsibility.
9.60.060 Temporary custody procedure.
9.60.080 Third party liability.
9.60.010 Definitions.
A. “Curfew hours” means between midnight and 6:00 a.m. each day of the week.
B. “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily harm or loss of life.
C. “Establishment” means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
D. “Guardian” means:
1. A person who, under court order, is the guardian of the person of a juvenile (minor); or
2. A public or private agency with whom a juvenile (minor) has been placed by a court; or
3. 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 juvenile (minor).
E. “Extended family members” means grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin who is not a minor and with whom the juvenile (minor child) has a relationship and is comfortable with and who is willing and available to care for the juvenile.
F. “Juvenile” means any unemancipated person under the age of 18 years.
G. “Parent” means the natural parent, foster parent, adopted parent or stepparent of a juvenile.
H. “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, and the common areas of schools, hospitals, apartment houses, sidewalks, alleys, parking lots, buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to such buildings and the grounds enclosing them, transport facilities, shops and automobiles (whether moving or not).
I. “Remain” means to fail to leave premises when requested to do so by a police officer or owner, operator, or other person in control of the premises.
J. “Serious bodily harm” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
K. “Errand at the direction of the juvenile’s parent or guardian, or other adult person having custody or control of the juvenile” means a short trip in duration of time or distance taken to perform a specified task, for or on behalf of a person who is the juvenile’s parent or guardian, or other adult person having custody or control of the juvenile. It shall be conclusively presumed that an errand was taken on behalf of a person who is the juvenile’s parent or guardian, or other adult person having custody or control of the juvenile, if such person (who is the juvenile’s parent or guardian, or other adult person having custody or control of the juvenile) states that the juvenile was, at the time in question, on an errand on his/her behalf. (Ord. 1666 § 1, 2007; Ord. 1333 § 1, 1997).
9.60.020 Juvenile curfew.
A. It shall be a civil infraction for any juvenile to remain in any public place or establishment within the city during curfew hours.
B. It shall be a complete defense of prosecution under subsection A of this section that the juvenile was acting within the provisions of PMC 9.60.040.
C. It shall be a complete defense to prosecution under subsection A of this section that the juvenile was acting within the provisions of PMC 9.60.040. (Ord. 1666 § 1, 2007; Ord. 1333 § 2, 1997).
9.60.030 Parental responsibility.
A. A parent or guardian of a juvenile (minor) commits an offense if he or she knowingly permits or, by insufficient lawful control, allows the juvenile to remain in any public place or on the premises of any establishment within the curfew hours.
B. A parent or guardian commits an offense if he or she fails to appear to take the juvenile into custody after contact from a Pacific police officer, pursuant to the temporary custody procedure.
C. A person or operator, as defined herein, commits an offense if that person or operator encourages, or affirmatively facilitates, a violation of this chapter by a juvenile.
D. It shall be a complete defense to prosecution under subsection A of this section that the juvenile was acting within the provisions of PMC 9.60.040.
E. Any parent, guardian, or other adult person having custody or control of a juvenile, that is unable to control the actions of the juvenile, may notify the Pacific police department in writing of the inability to control the actions of the juvenile. It shall be a complete defense to prosecution under subsection A of this section that the parent, guardian, or other adult person provided the notice contemplated under this subsection to the Pacific police department. (Ord. 1666 § 1, 2007; Ord. 1333 § 3, 1997).
9.60.040 Defenses.
The provisions of this chapter shall apply to the following situations:
A. If the juvenile is accompanied by his or her parent, legal guardian or other responsible person who is over the age of 18 and approved by the juvenile’s parents, guardian, custodian or other adult person having custody or control of the juvenile to accompany said juvenile.
B. If the juvenile is on an errand as directed by his or her parent, guardian, custodian or other adult person having custody or control of the juvenile.
C. On an errand at the direction of the juvenile’s parent or guardian, or other adult person having custody or control of the juvenile, without any unnecessary detour or stop.
D. Engaged in a legal employment activity, or going to or returning home from a legal employment activity, without any unnecessary detour or stop; this exception shall also apply if the juvenile is in a public place or establishment during curfew hours in the course of his or her employment.
E. If the juvenile is coming directly home from an adult-organized and -supervised activity or place of public entertainment, such as a movie, play or sporting event. This exception will apply for one-half hour after completion of such event.
F. Involved in an emergency.
G. On the sidewalk abutting the juvenile’s residence or abutting the residence of a next-door neighbor, if the neighbor did not complain to the police department about the juvenile’s presence.
H. Attending, going to, or returning home, without any detour or unnecessary stop, from an official school, religious, or other activity supervised by adults or sponsored by the following, including but not limited to the city of Pacific, a school, a religious organization, a civic organization, the Boys and Girls Clubs, the YWCA, the YMCA, King or Pierce County, or other similar entity which has adult supervision for the juvenile, or a place of public entertainment, such as a movie, play or sporting event.
I. If the juvenile is on an emergency errand directed or permitted by his or her parent, guardian, custodian or other adult person having custody or control of the juvenile.
J. If the juvenile 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 the juvenile through the state of Washington.
K. If the juvenile is 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.
L. If the juvenile is married and thus achieved the age of a majority pursuant to RCW 28.28.020, or has become emancipated in accordance with RCW 13.04.060(2).
M. Engaged in lawful commercial activity which is commenced prior to curfew hours and the juvenile proceeds directly home, without any detour or unnecessary stop, upon termination of the commercial activity.
N. It is a defense to this chapter that the parent or guardian is reasonably hindered to such a degree that he/she is unable to appear and take custody of the juvenile after being requested to do so.
O. It is a defense to prosecution under PMC 9.60.030(C) that a person or operator of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave. (Ord. 1666 § 1, 2007; Ord. 1333 § 4, 1997).
9.60.050 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 PMC 9.60.040 is present. No citation shall be issued until attempts have been made to place the juvenile (minor) according to the temporary custody procedure. (Ord. 1666 § 1, 2007).
9.60.060 Temporary custody procedure.
A police officer who reasonably believes that a juvenile is violating any of the provisions as described herein shall have authority to take the juvenile into custody, shall inform the juvenile of the reason(s) for such custody, and may demand that the parent or guardian appear and take custody of the juvenile (minor).
Should the parent not appear, or should the officer otherwise deem appropriate, the officer shall deliver, or arrange to deliver, the juvenile as follows:
A. To juvenile’s parent, guardian, custodian, or other adult person having custody or control of such juvenile. The officer releasing a juvenile into the custody of an adult person having custody or control shall inform the adult of the reason(s) for the taking of the juvenile (minor) into custody; or
B. The officer may take the juvenile to the home of an adult extended family member after attempting to notify the parent, guardian, or custodian;
C. In the event that subsections A and B of this section are not appropriate under the circumstances, the officer may deliver the juvenile (minor) to the following:
1. The juvenile will be taken to an appropriate social service agency with whom the city has contracted for such services or to an appropriate facility of the Department of Social and Health Services until the parent appears to take responsibility for the juvenile; or
2. In the event the parent fails to appear, the juvenile is to be referred to an appropriate social service agency with whom the city has contracted for such services or to an appropriate facility of the Department of Social and Health Services for consideration of further intervention and/or placement services. (Ord. 1666 § 1, 2007; Ord. 1333 § 5, 1997. Formerly 9.60.050).
9.60.070 Violations.
A. A violation of any of the provisions of this chapter is designated a civil infraction, to be heard and determined by the Pacific municipal court except when jurisdiction lies with the juvenile court pursuant to Chapter 13.04 RCW, the Basic Juvenile Court Act.
1. A police officer has the authority to issue a notice of infraction when the infraction is committed in the officer’s presence.
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 Chapter 46.63 RCW. If any person issued a notice of infraction fails to respond as required, or fails to appear at a hearing requested by him/her, the court shall enter an appropriate determination assessing the penalty prescribed for the curfew infraction.
C. The civil infraction penalty for a first violation of this section within a one-year period shall be $75.00; for a second offense within a one-year period the penalty shall be $150.00; and for the third or subsequent violations within a one-year period shall be $300.00.
D. In all cases in which the court determines that an infraction has been committed, court costs shall be assessed in addition to any monetary penalty.
E. There shall be an additional penalty of $100.00 for failure to respond to a notice of infraction.
F. 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. In lieu of payment for all or part of the monetary penalty, the court may provide for the performance of community service.
G. All proceedings under this chapter shall be civil in nature. (Ord. 1666 § 1, 2007).
9.60.080 Third party liability.
It is expressly the purpose of this chapter 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 chapter.
It is the specific intent of this chapter that no provision or term used in this chapter is intended to impose any duty whatsoever upon the city of Pacific or any of its officers or employees, for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory.
Nothing contained in this chapter 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 chapter by its officers, employees, or agents. (Ord. 1666 § 1, 2007).
9.60.090 Evaluation.
A. This chapter and the need for it shall be reviewed every three years. By July 23, 2008, and each three-year period thereafter that it is in effect, the mayor shall review this chapter and report and make recommendations to the city council concerning the effectiveness of and the continuing need for this chapter. The report shall include, but not be limited to, the following information:
1. The practicality of enforcing this chapter and any problems with enforcement identified by the Pacific police department.
2. The impact of this chapter and support programs on juvenile crime and juvenile victimization statistics and the public perception of juvenile crime and victimization.
3. Number of juveniles taken into custody for curfew violations.
4. Number of official citizen complaints filed regarding the enforcement of this chapter.
B. The mayor or designee shall also develop strategies intended to address juvenile issues related to criminal justice problems, including but not limited to development of committees, commissions or forums, where the participation of parents, schools and youth from the community would be invited. (Ord. 1666 § 1, 2007).