Chapter 9.82
PARENTAL RESPONSIBILITY FOR JUVENILES

Sections:

9.82.010    Definitions.

9.82.020    General provisions.

9.82.030    Exemptions.

9.82.040    Authority to enforce.

9.82.050    Violation – Penalty.

9.82.010 Definitions.

For the purpose of this chapter, the following words shall have the following meanings:

A. “Child” means any unemancipated person, male or female, under the age of 18 years.

B. “Parent” means the mother, father, or both (both being referred to in the singular as “parent”), guardian, or other adult person having the legal care, custody or control of a child. [Ord. 1757 § 1, 1991.]

9.82.020 General provisions.

No parent shall allow his or her child to remain in, on or occupy any area of the public streets, roads, alleys, parks, playgrounds, any other public grounds, places of amusement, places of entertainment, commercial establishments, or any unsupervised area between the hours of 12:00 midnight and 5:00 a.m., except as allowed under this chapter and no parent shall allow his or her child under the age of 15 years to remain in, on or occupy any area of the public streets, roads, alleys, parks, playgrounds, any other public grounds, places of amusement, places of entertainment, commercial establishments, or any unsupervised area between the hours of 10:00 p.m. and 5:00 a.m., except as allowed under this chapter. [Ord. 1868 § 1, 1994; Ord. 1757 § 1, 1991.]

9.82.030 Exemptions.

A parent of the following children shall be exempt from the enforcement provisions of this chapter:

A. A child accompanied by his parent;

B. A child engaged in lawful employment;

C. A child on an errand or on legitimate business pursuant to instructions from his parent;

D. A child involved in an emergency concerning the person or property of himself or another;

E. A child returning home from school- or church-sponsored activities, or from other activities supervised by an adult. The term “returning home” means immediately and directly after participation in such activity, without a broken chain of sequences and time between the end of such event and the time such child returns to his or her residence or such other place as shall be authorized by his or her parent. [Ord. 1757 § 1, 1991.]

9.82.040 Authority to enforce.

Law enforcement officers of the City shall have authority to reasonably stop and momentarily detain a child to obtain his or her name, age and address, as well as the name and address of his or her parent whenever said law enforcement officer shall reasonably suspect that the parent of such child is in violation of SMC 9.82.020. Upon determination that the parent of such child is in fact in violation of SMC 9.82.020 and not exempt under SMC 9.82.030, the law enforcement officer shall direct or deliver the child to the residence of his or her parent. [Ord. 1757 § 1, 1991.]

9.82.050 Violation – Penalty.

Upon a parent’s first violation per child, notice thereof shall be given to the parent, except as provided below. Upon the second violation involving the same child, a summons shall be served on the parent and a hearing shall be held before the Sunnyside Municipal Court, at which time the parent shall appear and answer to the charge of violating this chapter. Upon a determination by the Judge that a second violation has occurred involving the same child, a fine of not less than $25.00, nor more than $1,000, shall be imposed upon the parent. Upon a third or subsequent violation involving the same child, the parent shall be subject to a fine of not less than $50.00, nor more than $1,000.

Notwithstanding the above, a summons shall be served on the parent upon a parent’s first violation when and if the child shall be arrested and charged for a criminal offense or is otherwise found and determined to be liable for damages arising out of an incident which occurs at a time and place constituting a violation of SMC 9.82.020. [Ord. 1868 § 2, 1994; Ord. 1757 § 1, 1991.]