Chapter 8.15
CURFEW AND PARENTAL RESPONSIBILITY
Sections:
8.15.030 Temporary custody procedure.
8.15.040 Parental responsibility.
8.15.050 Third person liability.
8.15.010 Definitions.
As used in this chapter, the following words shall have the following meanings:
A. “Curfew hours” means:
1. 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 5:00 a.m. of the following day; and
2. 12:01 a.m. until 5:00 a.m. on any Saturday or Sunday.
B. “Emergency” means any 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 injury or loss of property.
C. “Establishment” means any privately owned place of business operated for a profit to which the public is in invited, including but not limited to any place of amusement or entertainment.
D. “Guardian” is a person other than a parent who has legal guardianship of a juvenile.
E. “Juvenile” means any unemancipated person under the age of eighteen (18) years.
F. “Parent” means the natural parent, adopted parent, or step-parent of a juvenile.
G. “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, shops and commercial businesses.
H. “Remain” means to linger or stay.
I. “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. 96-1012 § 1)
8.15.020 Juvenile curfew.
A. It shall be unlawful for any juvenile to remain in any public place or establishment within the City of SeaTac during curfew hours.
B. It shall be a complete defense to prosecution under subsection (A) of this section that the juvenile was:
1. Accompanied by the juvenile’s parent or guardian or other person over the age of eighteen (18) 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 without any detour or stop;
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;
5. Involved in an emergency;
6. 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;
7. Attending an official school, religious or other recreational activity supervised by adults and sponsored by the City of SeaTac, 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, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of SeaTac, a civic organization, a school district, or other similar entity that takes responsibility for the juvenile;
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 any detour or stop, any theater, movie house or sporting event; provided, however, that the juvenile shall have in his or her possession and present to a police officer upon request the ticket or ticket stub(s) from the theater, movie house or sporting event; or
10. Patronizing a restaurant or similar licensed food service establishment, during regular hours of operation of such establishment, where the juvenile receives or secures the services provided by the establishment from within the building or structure of the establishment, or returning home therefrom, without any detour or stop.
C. Penalties. A violation of this section is an infraction. The civil infraction penalty for a first violation of this section within a five (5) year period shall be fifty dollars ($50.00); for a second offense within a five (5) year period the penalty shall be one hundred dollars ($100.00); and for a third or subsequent violation within a five (5) year period the penalty shall be two hundred dollars ($200.00). It is provided, however, that individuals who have committed violations of this section shall have the opportunity to work off their penalties through community service in the City of SeaTac parks, at the rate of five dollars ($5.00) per hour, as can be scheduled with the City’s Parks and Recreation Department. (Ord. 96-1012 § 1)
8.15.030 Temporary custody procedure.
A police officer who reasonably believes that a juvenile is in violation of any of the curfew provisions of this chapter shall have authority to take the juvenile into custody and deliver or arrange to deliver the minor either to:
A. The juvenile’s parent, guardian, custodian or other adult person having custody or control of such minor; or
B. The offices of the police department acting as the law enforcement agency of the City of SeaTac, or facility operated by such police department; or
C. The appropriate juvenile authority. (Ord. 96-1012 § 1)
8.15.040 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 of SeaTac during curfew hours.
B. It shall be a complete defense to the prosecution under subsection A of this section that the juvenile was:
1. Accompanied by the juvenile’s parent, guardian, or any other person over the age of 18 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 without any detour or stop;
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;
5. Involved in an emergency;
6. 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;
7. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of SeaTac, a civic organization, a school district, or other similar entity that takes responsibility for the juvenile, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the City of SeaTac, a civic organization, a school district, or other similar entity that takes responsibility for the juvenile;
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 any detour or stop, any theater, movie house, or sporting event; provided, however, that the juvenile shall have in his or her possession and present to a police officer upon request the ticket or ticket stub(s) from the theater, movie house or sporting event; or
10. Patronizing a restaurant or similar licensed food service establishment, during regular hours of operation of such establishment, where the juvenile receives or secures the services provided by the establishment from within the building or structure of the establishment, or returning home therefrom, without any detour or stop.
C. Penalties.
1. A first violation of this section within a five (5) year period shall be a misdemeanor, which shall be punishable by a fine of no more than two hundred fifty dollars ($250.00).
2. A second or subsequent conviction of this section within a five (5) year period is a misdemeanor and shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in jail for not more than ninety (90) days or by both such fine and imprisonment. (Ord. 96-1012 § 1)
8.15.050 Third person liability.
It is expressly the purpose of these provisions 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 these provisions that no provisions nor any term used in this chapter is intended to impose any duty whatsoever on the City or any of its officers, agents 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, agents or employees for injuries 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. 96-1012 § 1)