Chapter 9.08
PARENTAL RESPONSIBILITY
Sections:
9.08.050 Authority to enforce.
9.08.010 Title.
This chapter shall be known as the parental responsibility ordinance. (Ord. 384 § 1, 1991)
9.08.020 Definitions.
For the purpose of this chapter the following words shall have the following meanings:
“Child” means an unemancipated person, male or female, who is not married, and is under the age of eighteen (18) years.
“Parent” means mother, father, foster mother, foster father, stepmother, stepfather, or both, being referred to in the singular as “parent,” guardian or other adult person having the legal care, custody or control of the child.
“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 such child for that evening. Such movement shall be directly from the point of departure to the destination, to be accomplished within a reasonable period of time. (Ord. 384 § 2, 1991)
9.08.030 Curfew.
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 twelve midnight and five a.m., except as followed under this chapter. (Ord. 384 § 3, 1991)
9.08.040 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. 384 § 4, 1991)
9.08.050 Authority to enforce.
Law enforcement officers of the town 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 Section 9.08.030 of this chapter. Upon determining that the parent of such child is in fact in violation of Section 9.08.030 and not exempt under Section 9.08.040, the law enforcement officer shall direct or deliver the child to the residence of his or her parent, if reasonably possible, or if the circumstances indicate, 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. 384 § 5, 1991)
9.08.060 Violation—Penalty.
A. Violation of this chapter shall be a civil infraction upon a parent’s first violation, and notice thereof shall be given to the parent. The notice shall inform the parent or custodian of the following:
1. The location of 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;
4. A warning that the parent or custodian was in violation of this chapter, a copy of which shall be attached to said notice.
B. The law enforcement officer shall maintain a record of any such violation and the notices given as a result thereof.
C. Upon a second violation, a summons shall be served on the parent and a hearing shall be held before the town municipal court, at which time the parent shall appear and answer to the charge of violating this chapter. Upon a determination by the court that a second violation has occurred, a civil penalty of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00) shall be imposed upon the parent. Upon a third or subsequent violation involving the same child, the parent shall be subject to a civil penalty of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00). (Ord. 384 § 6, 1991)