Chapter 9.77
PARENTAL RESPONSIBILITY FOR JUVENILE DEPENDENTS
Sections:
9.77.010 Statement of purpose.
9.77.040 Exceptions to general prohibition.
9.77.060 Violations – Penalties.
9.77.010 Statement of purpose.
The city council of the city of Pomeroy, Washington has determined that it is generally contrary to the well being of minor children to be outside their residences in the late night and early morning hours unsupervised and with no specific purpose. (Ord. 726 §2(part), 1995).
9.77.020 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. “Child” means any unemancipated person, male or female, who is not married and is under the age of eighteen years.
B. “Parent” or “custodian” means the father, mother, guardian, or person having the care, custody or control of a child.
C. “Returning home” means traveling, walking, biking, or otherwise moving from the point of departure to a child’s home or the residence of the person having the care, custody, or control of said person for that evening. Said movement shall be directly from the point of departure to the destination to be accomplished within a reasonable period of time.
D. “School nights” means any night or early morning hours immediately preceding a regular school day as scheduled by the Pomeroy School District. (Ord. 726 §2(part), 1995).
9.77.030 General prohibition.
Except as provided in PMC 9.77.040, no parent or custodian shall permit any child he or she is responsible for to remain in or upon the public streets, roadways, alleys, parks, playgrounds, or cemeteries, or in or upon private property other than the child’s usual place of residence which is unoccupied, vacant, abandoned, or is not otherwise supervised by an responsible adult:
A. From 12:00 p.m. to 5:00 a.m. the following morning on school nights;
B. From 12:00 p.m. to 5:00 a.m. the following morning, Sunday through Thursday nights on nonschool nights; and
C. From 1:00 a.m. to 5:00 a.m. on Saturdays and Sundays. (Ord. 726 §2(part), 1995).
9.77.040 Exceptions to general prohibition.
The parent or custodian of a child shall not be in violation of this chapter of the general prohibition set forth in PMC 9.77.030 when a child is:
A. Engaged in or traveling to or from lawful employment;
B. Acting pursuant to directions and permission of his/her parent or custodian for a specific legitimate, lawful purpose;
C. Seeking emergency assistance; or
D. Returning home from activities supervised by a responsible adult. (Ord. 726 §2(part), 1995).
9.77.050 Enforcement.
Law enforcement officers for the Pomeroy police department shall have authority to momentarily detain and question a child where the law enforcement officer suspects a violation of this chapter, and to determine whether a specified exception to the general prohibition may apply. Should a law enforcement officer have probable cause to determine that a parent or custodian is in violation of this chapter, said law enforcement officer shall have the authority to direct, accompany or transport the child to his or her residence, if reasonably possible, or, if the circumstances indicate, to take custody and place the child in accordance with RCW 13.32A.050(2) and/or RCW 13.32A.060 for the safety and in the best interests of the child’s well being and welfare. (Ord. 726 §2(part), 1995).
9.77.060 Violations – Penalties.
A. Should a law enforcement officer determine that a parent or custodian has violated the provisions of this chapter, a written notice/warning thereof shall be given to the parent or custodian if reasonably possible. If the parent or custodian is unavailable, the officer shall mail, or cause to be mailed, the aforementioned notice/warning to the parent or custodian. Said notice/warning shall inform the parent or custodian of the following:
1. The location where the child was found;
2. The date and time the child was found;
3. The location of the residence where the officer took the child for safety, or, in the case of placement of the child through Child Protective Services, the telephone number of Child Protective Services; and
4. A warning that the parent or custodian was in violation of this chapter, a copy of which shall be attached to said notice/warning.
B. The law enforcement officer shall:
1. Maintain a record of any violation and the notice/warning given as a result thereof;
2. Make a report of the incident to the Child Protective Services of the state of Washington; and
3. Assist Child Protective Services with respect to any reasonable and lawful action with which Child Protective Services requests assistance.
C. Any person violating this chapter for a second time shall be deemed to have committed a civil infraction and any such person found to have committed such a civil infraction shall be assessed a monetary penalty, which penalty may not be less than $50.00 nor greater than $500.00 for each offense. (Ord. 726 §2(part), 1995).