HomeMy WebLinkAboutFS 2007-01-16 Item 2B - Ordinance - Repeal TMC 8.75 "Curfew for Minors"
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LACEY L. MADCHE
PETER B. BECKWITH
THOMAS J. GUILFOIL
RENEE G. WALLS
JOSEPH B. LEV fu~
KARl L. SAND
MONICA A. BUCK
KATHRYNJ. HARDY
SANDRA S. MEADOWCROFT
SHELLEY M. KERSLAKE
CHRIS D. BACHA
HEIDI L. BROSIUS
KERR! A. JORGENSEN
INFORl\1ATION MEl\fO
To:
From:
Date:
Re:
Finance and Safety Committee
Peter Beckwith, Assistant City Attorney W
December 22, 2006
Ordinance Repealing TMC 8.75 Curfew for Minors
ISSUE
Whether the City should repeal TMC 8.75 regarding curfe\vs for minors.
BACKGROUND
In the \Vashington State Supreme Court case, City of Sumner v. Walsh, 148 Wn.2d 460 (2003),
the Court held unconstitutional a juvenile curfew ordinance. The Sumner ordinance made it
unlawful for juveniles to remain in a public place after curfew hours but provided a list of
exemptions. The Court found the ordinance to be vague and that the exemptions could not be
applied in a non-arbitrary manner. Id. at 502.
DISCUSSION
TMC 8.75, Curfew for Minors, is very similar to the Sumner ordinance. The Court's analysis
and holding would apply to the City's curfew language. Even if the City were to revise its
curfew language, it may still be challenged as a violation of a juvenile's right to move freely in
public places. This issue was raised by the Court in a footnote and addressed more thoroughly in
Justice Chambers's concurring opinion. Id. (FN 8).
As the City's current curfew is unconstitutional it should be repealed.
RECOMMENDATION
Repeal TMC 8.75
Attachments: Proposed ordinance.
TMC 8.75
G:\City Attomey\PETER\Police\MEMO - Juvenile Clufew RepealqJwo.dOClP!l2I28!06 C S 1993
~ERVING WASHINGTON lTIES INeE
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CITY OF TUKWlLA
WASHINGTON
ORDINANCE NO. 0
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING TUKWILA MUNICIPAL
CODE CHAPTER 8.75 REGARDING CURFEWS FOR
lVIINORS; PROVIDING FOR SEVERABILITY; AND
ESTABLISIDNG AN EFFECTIVE DATE
WHEREAS, The Washington State Supreme Court has ruled that juvenile curfews similar
to Tukwila Municipal Code Chapter 8.75 are unconstitutional, the City Council of the City of
Tukwila desires to repeal Tukwila Municipal Code Chapter 8.75;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
"WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Repealer. Tukwila Municipal Code Chapter 8.75 entitled "Curfews 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is hereby repealed in its entirety.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 (5) days after the date ofpublication.
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON
THE DAY OF , 2004.
CITY OF TUKWILA
Mayor Steven M. Mullet
ATTEST/AUTHENTICATED:
. Approved as to form:
Jane Cantu, City Clerk
Shelley M. Kerslake, City Attorney
Filed \vith the City Clerk:
_ 1 _ Passed by the City Council:
Y:\City Attomey\PETER\Police\curfew - repeaJer.DOC/T/12/23/06 Date of Publication:
Effective Date:
) 0
TUKWILA MUNICIPAL CODE
person before the court at the time of issuance of the
order.
C. The written SOAR order shall contain the
court's directives and shall bear the statement:
"Violation of this order is a criminal offense under TMC
8.72.060 and will subject the violator to arrest."
(Clrd, 201./ ~lfpart)~ 20G3}
8.72.060 Violation of SOAR Orders
A. In the event a police officer has probable cause
to believe that a person has been issued a SOAR order
as a condition of pre-trial release or a sentence imposed
by the court and, in the officer's presence, the person is
seen violating or failing to comply with any require-
ment or restriction imposed upon that person by the
court as a condition of his or her pre-trial release or
condition of sentence, the officer may arrest the viola-
tor without warrant for violation of the SOAR order
and shall bring that person before the court that issued
the order.
B. When a SOAR order is issued pursuant to this
chapter and the person so named in the order has
notice of the order, a violation of any of the provisions
of the SOAR order is a gross misdemeanor and shall be
punishable by a fine not to exceed $5,000 or impris-
onment not to exceed more than one year, or both.
fOrd. 20 f 7 fj I /fJar(~ 20G]}
Chapter 8.75
CURFEW FOR MINORS
Sections:
8.75.010 Definitions
8.75.020 Curfew Established
8.75.030 Exemptions
8.75.040 Enforcement
8.75.050 Violations/Penalties
8.75.010 Definitions
A. "Aid" means all assistance whether given by
words, acts, encouragement, support, presence or
neglect of parental or custodial responsibilities for a
minor required by any existing or hereafter enacted
statute of this state.
B. "Aid and abet" means that a person with
knowledge that it will promote or facilitate the com-
mission of a curfew violation, either:
1. solicits, commands, encourages, or requests
a minor to commit the violation; or
2. aids or agrees to aid a minor or another
person in planning or committing the violation.
C. "Custodian" means any person at least 18
years of age and authorized by a parent or guardian to
have the care and custody of a juvenile.
D. "Curfew hours" means:
1. 11 :OOPM on Sunday, Monday, Tuesday,
Wednesday, or Thursday until 5:00AM the following
day, and
2. 11 :59PM until 5:00AM any Friday or Satur-
day.
E. "Emergency" means an unforeseen combina-
tion of circumstances or the resulting state that calls for
immediate action. The term includes, but is not lim-
ited to, a fire, a natural disaster, an automobile
accident, or any situation requiring immediate action to
prevent serious bodily injury or loss of property.
F. "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.
G. "Extended family member" means grand-
parent, brother, sister, stepbrother, stepsister, uncle,
aunt, or first cousin who is not a minor and with whom
the minor child has a relationship and is comfortable
with and who is willing and available to care for the
child.
H. "Guardian" means an individual, other than a
parent, who legally has the responsibility for the care
and management of a child during its minority.
1. "Minor" means any person under 18 years of
age.
Page 8-46
Printed July 2006
II
TITLE 8 - PUBLIC PEACE, MORALS AND SAFETY
~
J. "Parent" means a person who is a natural
parent, adoptive parent, foster parent, or step-parent of
a minor.
K. "Public place" means any place to which the
public or a substantial group of the public has visual or
physical access to and includes, but is not limited to,
streets, highways, parks, and the common areas of
schools, hospitals, apartment houses, commercial
buildings, parking lots, automobiles, transportation
facilities, and shops, businesses and buildings open to
the general public, including those which serve food or
drink or provide entertainment, and their doorways,
entrances and grounds.
L. "Remain" means to linger or stay; or to fail to
leave the premises or area when requested to do so by
a police officer or the property owner, operator or other
person responsible for the place.
(Ora. j973 sf, 2(01)
r/
8.75.020 Curfew Established
A. A minor commits the offense of "curfew viola-
tion" if he or she remains in any public place or estab-
lishment within the City of Tukwila during curfew
hours, except as permitted under the provisions of this
chapter.
B. Any person, including the minor's parent,
custodian, or legal guardian, commits the offense of
"curfew violation" if he or she knowingly aids or abets
the minor to commit a "curfew violation".
{Orc. j97352} 20G])
->
8.75.030 Exemptions
It shall not be deemed an offense under this
chapter if any of the following conditions are found to
apply. The minor was:
1. Accompanied by a parent, guardian, ex-
tended family member or custodian, provided that
person is over 18 years of age.
2. On an errand at the direction of the minor's
parent or guardian, without any unnecessary detour or
stop.
3. Attending, going to, or returning home
from directly and without any detour, any social,
school, political, religious, or recreational activity or
gathering, including but not limited to dances, school,
club or social gatherings, political rallies, vigils, or
protests, religious gatherings, study groups, theater
presentations, concerts, sporting events, or the like,
whether it is an officially organized activity or gathering
by an overseeing body, such as a school, or not.
4. Involved in an emergency.
5. Engaged in lawful employment or traveling
to or from an employment activity, without a detour or
stop.
J~
6. In a motor vehicle involved in interstate
travel with the consent of a parent guardian, or other
adult having custody or control of such minor.
fOrd. 1973 &3; 2()()jj
8.75.040 Enforcement
A. Unless flight by the person or other circum-
stances make it impractical, a police officer shall, prior
to taking a minor into custody for a curfew violation,
approach, detain and allow the minor an opportunity to
dispel the belief a police officer may have that a curfew
violation is being committed by requesting the minor to
provide identification, age, parent's name and address,
and to explain their presence and conduct. A police
officer shall not issue a citation or take further action
unless the officer reasonably believes an offense has
occurred, and that, based on any response provided by
the minor and other circumstances, none of the
exemptions under Section 8.75.030 are present.
B. An officer who reasonably believes that a minor
is committing a curfew violation shall have the
authority to take the minor into custody.
C. The officer shall inform the minor of the reason
for such custody and shall, after attempting to call a
parent or guardian by phone, either:
1. Transport the child to his or her home or to
a parent at his or her place of employment, if no parent
is at home. The parent may request that the officer
take the child to the home of an adult extended family
member, responsible adult, crisis residential center, the
Department of Social and Health Services, or a licensed
youth shelter. In responding to the request of the
parent, the officer should take the child to a requested
place, which, in the officer's belief, is within a reason-
able distance of the parent's home. The officer releas-
ing a child into the custody of a parent, an adult
extended family member, responsible adult, or a
licensed youth shelter shall inform the person receiving
the child of the reason for taking the child into custody
and inform all parties of the nature and location of
appropriate services available in the community; or
2. Take the child to a designated crisis
residential center's secure facility or a center's semi-
secure facility if a secure facility is full, not available, or
not located within a reasonable distance, if:
a. a child expresses fear or distress at the
prospect of being returned to his or her home which
leads the officer to believe there is a possibility that the
child is experiencing some type of child abuse or
neglect, as defined in RCW 26.44.020; or
b. it is not practical to transport the child
to his or her home or place of the parent's employment;
or
c. there is no parent available to accept
custody of the child.
Printed July 2006
Page 8-47
TUKWILA MUNICIPAL CODE
3. After attempting to notify the parent, if a crisis
residential center is full, not available, or not located
within a reasonable distance, the officer may request
the Department of Social and Health Services to accept
custody of the child. If the Department determines
that an appropriate placement is currently available, the
Department shall accept custody and place the child in
an out-of-home placement. If the Department declines
to accept custody of the child, the officer may release
the child after attempting to take the child to the
following, in the order listed: the home of an adult
extended family member, a responsible adult, a
licensed youth shelter; and shall immediately notify the
Department if no placement option is available and the
child is released.
D. An officer's responsibilities under this section,
after taking a minor into custody for a curfew violation,
shall be changed, expanded or limited without further
amendment to be consistent with the provisions of
RCW 13.32A.050 and .060 as now or hereafter
amended.
(Ord.. 197384. 20()[}
8.75.050 Violations/Penalties
A. A curfew violation is designated as a civil
infraction. The Tukwila Municipal Court shall have
jurisdiction over all civil infractions issued under this
chapter. Civil infractions shall be issued and processed
in accordance with RCW 7.80, which is incorporated
herein by reference.
B. A person found to have committed an
infraction shall be assessed a monetary penalty
according to the following scale:
1. First offense not to exceed $50.00.
2. Second offense not to exceed $100.00.
3. Third offense not to exceed $250.00.
C. A minor's parent, custodian, or legal guardian is
responsible for payment of any monetary penalty
imposed upon a minor under this chapter.
fOrd 1973 !i5, 200i}
Chapter 8.80
MISCELLANEOUS CRIMES
Sections:
8.80.010 Conduct Prohibited
8.80.020 Littering, Pollution And Smoking
8.80.030 United States and State Flags - Related
Crimes
8.80.010 Conduct Prohibited
The following statutes of the State of Washington
are adopted by reference:
RCW 9.91.010 Denial of civil rights - Terms defined.
RCW 9.91.020 Operating railroad, steamboat,
vehicle, etc., while intoxicated.
RCW 9.91.025 Unlawful bus conduct.
RCW 9.91.110 Meal buyers - Records of purchases -
Penalty.
[Ord. 1389 il) 198zJ~' Oid J363 !}J(par(!: IvE5;
8.80.020 Littering, Pollution and Smoking
The following statutes of the State of Washington
are adopted by reference, as presently constituted or
hereinafter amended:
RCW 70.93.060 Littering prohibited - Penalties.
RCW 70.54.010 Polluting water supply - Penalty.
RCW 70.155.080 Purchasing, possessing, or obtaining
tobacco by persons under the age of
eighteen - Civil infraction - Courts of
jurisdiction.
RCW 70.160.020 Definitions.
RCW 70.160.030 Smoking in public places except
designated smoking areas prohibited.
RCW 70.160.040 Designation of smoking areas in
public places - Exceptions - Restau-
rant smoking areas - Entire facility or
area may be designated as
nonsmoking.
RCW 70.160.050 Owners, lessees to post signs
prohibiting or permitting smoking -
Boundaries to be clearly designated.
RCW 70.160.060 Intent of chapter as applied to
certain private workplaces.
RCW 70.160.070 Intentional violation of chapter -
Removing, defacing, or destroying
required sign - Fine - Notice of
infraction - Exceptions - Violations of
RCW 70.160.040 or 70.160.050 -
Subsequent violations - Fine -
. ,~r:!o~c_em~n~ by ~e o~i~ials. __
{Ora, 1 Ju3 S i} 2u(Ju~' Ora. 1363 !jl fpart); 19Hj}
/3
Page 8-48
Printed July 2006
To: Finance & Safety Committee
From:
Kevin A. Fuhrer, Finance Director
tilL
Date:
January 8, 2007
Subject:
Ordinance Amending TMC Section 3.08.030 - Gambling Tax
\Vaiver for Charitable and Non-Profit Organizations
Based upon the direction of the Council at the December 11, 2006 special
meeting, administration is moving forward with a recommended amendment
to the TMC that will provide for a gambling tax waiver for charitable and
non-profit organizations. The Seattle Jaycees are the sole organization
located in the city to which the amendment would apply.
I have attached the following items for your review:
o Memo from Mayor Mullet dated December 7,2006
o Draft Ordinance amending TMC Section 3.08.030
o TMC Section 3.08.030
Assistant City Attorney Peter Beckwith prepared the proposed amendatory
language. Council President Griffin has graciously agreed to place this item
on the January 16, 2007 regular council meeting agenda.
I look forward to reviewing this with you at our committee meeting next
week.
/5