HomeMy WebLinkAboutReg 2007-02-05 Item 7B - Ordinance - Curfew for Minors 041... w COUNCIL AGENDA SzvosIs
s k y 'S Initials ITEM NO.
p s
i ja` y
i 6) Meeting Date Prepared by 1 Mayor'r review 1 Council review
k (Mt': 01/22/07 1 PO 1 1
02/05/07 1 I titi 1 f1/ re
1 1
ITEM INFORMATION
CAS NUMBER: 07-011 I ORIG NAL AGENDA DATE: 1/ 22/07
AGENDA I IEM TITLE An Ordinance repealing the Curfew for Minors
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 1/22/07 Mtg Date Mtg Date A4tg Date 2/5/07 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Pl/
SPONSOR'S There has been discussion regarding the repeal of the Curfew for Minors Ordinance. A
STJMMARY juvenile curfew ordinance similar to the City's ordinance has been ruled by the WA State
Supreme Court as unconstitutional. Based on the City's inability to enforce its curfew
ordinance, it is recommended that the ordinance be repealed.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1/16/07
RECOMMENDATIONS:
SPONSOR/ADMIN. Repeal TMC 8.75
CoADdirrEE Unanimous approval to move forward to repeal the Curfew for Minors
COST IMPACT LFUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
-0- -0- -0-
Fund Source: N/A
Comments:
1 MTG: DATE RECORD OF COUNCIL ACTION=
1/22/07 1 Forward to Regular Meeting of 2/5/07
MTG DATE ATTACHMENTS
1/22/07 1 Memo from Peter Beckwith dated 12/22/06 to the F S Cmte
Draft of Ordinance
Excerpts from TMC Title 8
Finance Safety Committee Minutes dated 1/16/07
2/5/07 Ordinance in Final Form
101
isoa
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE C:1'1 Y COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE NO. 1973, AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTER 8.75, REGARDING CURFEW
FOR MINORS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the Washington State Supreme Court has ruled that juvenile curfews,
similar to that set forth in Tukwila's Ordinance No. 1973, are unconstitutional; and
WHEREAS, the Tukwila City Council desires to repeal Ordinance No. 1973 to bring
the City's code into compliance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Repealer. Ordinance No. 1973, as codified at Tukwila Municipal Code
Chapter 8.75, entitled "Curfew for Minors" is hereby repealed in its entirety.
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of
this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be pre empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall be published in the official
newspaper of the City, and shall take effect and be in full force five days after the date of
publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST/ AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk.
APPROVED AS TO FORM BY: Passed by the City Council.
PublisheA
Effective Date.
Office of the City Attorney Ordinance Number.
Mccuments and SettingsVill Users Deskmp\KelpWSDATA\Ordinances \Curfew for Minors.doc
SK:ksn 1/252007 Page 1 of 1