9.14.010 Definitions.
As used in this section, the following words shall have the following meanings:
"Curfew hours" means:
1. Eleven p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until five a.m. of the following day; and
2. 12:01 a.m. until five a.m. on any Saturday or Sunday.
"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 and automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"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.
"Guardian" means any person other than a parent who has legal guardianship of a juvenile.
"Juvenile" means any unemancipated person under the age of eighteen years.
"Parent" means the natural parent, adopted parent, or stepparent of a juvenile.
"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, office buildings, transportation facilities, malls, and shops.
"Remain" means to linger or stay.
"Serious bodily injury" 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. (Ord 94-14 §1)
9.14.020 Juvenile curfew.
A. It is unlawful for any juvenile to remain in any public place or establishment within the City during curfew hours.
B. It shall be a complete defense to a prosecution under 9.14.020(A) of this section that the juvenile was:
1. Accompanied by the juvenile’s parent or guardian or any other person over the age of eighteen years who has been given custody or control of the juvenile by said juvenile’s parent or guardian;
2. On an errand at the direction of the juvenile’s parent or guardian or any other person over the age of eighteen years who has been given custody or control of the juvenile by said juvenile’s parent or guardian without any detour or stop from the original destination, taking the most direct route;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop, taking the most direct route;
5. Involved in an emergency;
6. On the sidewalk abutting the juvenile’s residence or abutting any residence of which the juvenile is a guest, if the owner or lawful tenant of said residence does not complain to the police department about the juvenile’s presence;
7. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, a school district, or another similar entity that takes responsibility for the juvenile, or going to or returning home from, without any detour or stop, taking the most direct route, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, a school district or another similar entity that takes responsibility for the juvenile; or
8. Attending or returning home from, without any detour or stop, taking the most direct route, any theater, movie house or sporting event; provided, however, that the juvenile shall have in his possession and present to a Police Officer upon request the ticket or ticket stubs from the theater, movie house or sporting event. (Ord 94-14 §1) (Changes were made during codification for hyperlinking)
9.14.030 Parental responsibility.
A. It is unlawful for the parent, guardian, or other adult person having custody or control of any juvenile to permit or knowingly allow such juvenile to remain in any public place or on the premises of any establishment within the City during curfew hours.
B. It shall be a complete defense to a prosecution under 9.14.030(A) of this section that the juvenile was:
1. Accompanied by the juvenile’s parent, guardian, or any other person over the age of eighteen years who has been given custody or control of the juvenile by said juvenile’s parent or guardian;
2. On an errand at the direction of the juvenile’s parent or guardian or any other person over the age of eighteen years who has been given custody or control of the juvenile by said juvenile’s parent or guardian without any detour or stop, taking the most direct route;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop, taking the most direct route;
5. Involved in an emergency;
6. On the sidewalk abutting the juvenile’s residence or abutting any residence of which the juvenile is a guest, if the owner or lawful tenant of said residence does not complain to the police department about the juvenile’s presence;
7. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, a school district, or another similar entity that takes responsibility for the juvenile, or going to or returning home from, without any detour or stop, taking the most direct route, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, a school district or another similar entity that takes responsibility for the juvenile; or
8. Attending or returning home from, without any detour or stop, taking the most direct route, any theater, movie house or sporting event; provided, however, that the juvenile shall have in his possession and present to a Police Officer upon request the ticket or ticket stubs from the theater, movie house or sporting event. (Ord 94-14 §1) (Changes were made during codification for hyperlinking)
9.14.040 Violations – Penalties.
A. A violation of Sections 9.14.020(A) or 9.14.030(A) is a civil infraction. The civil infraction penalty for a first violation of this section within a one-year period shall be fifty dollars; for a second offense within a one-year period the penalty shall be one hundred dollars; and for a third or subsequent violation within a one-year period, the penalty shall be two hundred dollars.
1. The procedure for responding to a notice of infraction under this chapter shall be the same procedure prescribed for responding to traffic infractions set forth in RCW Chapter 46.63. Any person who receives a notice of infraction shall respond in the manner prescribed in RCW 46.63.070. If any person issued a notice of infraction fails to respond to the notice as provided in RCW 46.63.070(2), or fails to appear at a hearing requested pursuant to the procedure outlined in RCW 46.67.070(3) or (4), the court shall enter an appropriate order assessing the monetary penalty prescribed for this infraction.
2. Procedures for the conduct of all hearings provided for in this chapter shall be in accordance with the procedures for hearings established in RCW 46.63.080 through 46.63.100. (Ord 94-14 §1)