Chapter 9.24
OFFENSES BY OR AGAINST MINORS
Sections:
9.24.010 Parental responsibility.
9.24.030 Contributing to delinquency of minor.
9.24.040 Parents and guardians liable for damages caused by graffiti done by minor child.
9.24.010 Parental responsibility.
A. Title. This section shall be known as the parental responsibility law.
B. For the purpose of this section, the following words shall have the following meanings:
1. “Child” means any unemancipated person, male or female, under the age of eighteen years.
2. “Parent” means the mother, father or both (both being referred to in the singular as “parent”), guardian or other person having the legal care, custody and control of a child.
C. No parent shall allow his or her child to be or remain in, on or occupy any public place, place of amusement or entertainment, or commercial establishment, between the hours of nine p.m. to six a.m. for children under the age of fourteen, and between the hours of ten p.m. and six a.m. for children between the ages of fourteen and their eighteenth birthday; and for all children between the hours of nine a.m. and two forty-five p.m. Monday through Friday except on a holiday, or when school is not in session or during school vacations. Evening curfews shall be extended one hour on evenings before holidays, Saturdays or Sundays.
With respect to offenses occurring during the hours between nine a.m. and two forty-five p.m., it shall be a defense that the child is authorized by law, or has permission from an authorized school official, to be absent from school, or in the case of a child being legally educated at home, has permission from the parent. The daytime curfew provisions stated herein shall not apply to children under the age of eighteen who have already graduated from high school or have received a general educational development diploma (G.E.D.).
D. Exemptions. A parent of the following children shall be exempt from the enforcement provisions of this section:
1. A child accompanied by his parent;
2. A child engaged in lawful employment;
3. A child on an errand or on legitimate business pursuant to instructions for his parent;
4. A child involved in an emergency concerning the person or property of himself or another;
5. A child returning from school or other activities supervised by an adult. “Returning home” means immediately and directly after participation in such activity, without a broken chain of sequences and time between the end of such an 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.
E. 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 the law enforcement officer shall reasonably suspect that the parent of such child is in violation of subsection C of this section. Upon determining that the parent of such child is in violation of subsection C of this section and not exempt under subsection D, the law enforcement officer shall direct or deliver the child to the residence of his or her parent.
F. Violation--Penalty. Upon a parent’s first violation, notice thereof shall be given to the parent. Upon a second violation, a summons shall be served on the parent and a hearing shall be held before the city 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 occurred, a fine of not less than twenty-five dollars nor more than three hundred dollars 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 fifty dollars nor more than three hundred dollars. (Ord. 997 §1, 1995; Ord. 852 §§l--6, 1988)
9.24.020 School attendance.
A. All parents, guardians and other persons in the city having or who may have hereafter immediate custody of any child between eight and fifteen years of age (being between the eighth and fifteenth birthdays) or of any child between fifteen and sixteen years of age (being between the fifteenth and sixteenth birthdays) not regularly and lawfully engaged in some useful and remunerative occupation, shall cause such child to attend the public school of the district, in which the child resides, for the full time when such school may be in session or to attend a private school for the same time, unless the superintendent of the school of the district in which the child resides, if there is such a superintendent, and in all other cases the county superintendents of common schools, shall have excused such child from such attendance because the child is physically or mentally unable to attend school or has already attained a reasonable proficiency in the branches required by law to be taught in the first nine grades of the public schools of the city as provided by the course of study of such school, or for some other sufficient reason. Proof of absence from public schools shall be prima facie evidence of a violation of this section.
B. Any person or persons found guilty of violation of this section shall be subject to a fine not to exceed three hundred dollars or confinement in the city jail for not over thirty days or by both such fine and imprisonment. (Ord. 654 §§1, 2, 1969)
9.24.030 Contributing to delinquency of minor.
Any parent, legal guardian or person having custody of any minor child or any other person who by any act or omission, encourages, causes or contributes to the dependency or delinquency of any minor child shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars or imprisonment in the city jail for not more than thirty days or by both such fine and imprisonment. (Ord. 587, 1963)
9.24.040 Parents and guardians liable for damages caused by graffiti done by minor child.
The court-appointed guardian, parent or parents of any minor child under the age of eighteen years who is living with the guardian, parent or parents and who shall put an inscription, figure or design on a building, wall, fence or other property owned by another person, whether by paint, spraypaint, marker, or any other device or material, shall be liable to the owner of such property in a civil action at law for damages in an amount not to exceed five thousand dollars. Said damages may include costs incurred by the city of Wapato in removing graffiti through the use of a soda blaster or otherwise. If a court-appointed guardian, parent or parents are found liable under this section, the court may, after considering the said guardian or parent’s ability to pay, and upon their request, permit the guardian, parent or parents to perform the labor and provide the materials necessary to remedy said damages in lieu of payment. The decision of the municipal court shall be subject to review in superior court by writ of review or on appeal. (Ord. 972 §1, 1994)