Chapter 6.09
JUVENILE CURFEW AND PARENTAL RESPONSIBILITY
Sections:
6.09.030 Parental responsibility.
6.09.010 Definitions.
As used in this section, the following words shall have the following meanings:
(a) “Curfew hours” means:
(1) Eleven-thirty 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.
(b) “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, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(c) “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.
(d) “Guardian” is any person other than a parent who has legal guardianship of a juvenile.
(e) “Juvenile” means any unemancipated person under the age of eighteen 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, transport facilities, malls and shops.
(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. 94-11 § 1, 1994).
6.09.020 Juvenile curfew.
(a) It shall be unlawful for any juvenile to be or remain in any public place or establishment within the city of Yakima 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 any other person eighteen years of age or older 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 eighteen years of age or older who has been given custody or control of the juvenile by said 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 Yakima, 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 Yakima, a civic organization, a school district, or another 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; or
(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 possession and present to a police officer upon request the ticket or ticket stubs from the theater, movie house or sporting event.
(c) Penalties. A violation of this section is an 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. (Ord. 95-12 § 1, 1995: Ord. 94-11 § 2, 1994).
6.09.030 Parental responsibility.
(a) It shall be unlawful for the parent, guardian, or other adult person having custody or control of any juvenile to permit or knowingly allow such juvenile to be or remain in any public place or on the premises of any establishment within the city of Yakima 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, guardian, or any other person eighteen years of age or older 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 eighteen years of age or older who has been given custody or control of the juvenile by said 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 Yakima, 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 Yakima, a civic organization, a school district, or another 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; or
(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 possession and present to a police officer upon request the ticket or ticket stubs from the theater, movie house, or sporting event.
(c) Penalties. A violation of this section is an infraction. The civil infraction penalty for a first violation of this section within a one-year period shall be one hundred dollars; for a second offense within a one-year period the penalty shall be two hundred fifty dollars; and for a third or subsequent violation within a one-year period, the penalty shall be five hundred dollars. (Ord. 95-12 § 2, 1995: Ord. 94-41 § 3, 1994).
6.09.040 Severability.
Each separate provision of this chapter shall be deemed independent of all other provisions. If any provision of this chapter, or part thereof, be declared invalid, all other provisions, or parts thereof, shall remain valid and enforceable. (Ord. 94-11 § 5, 1994).