HomeMy WebLinkAboutOrd 1973 - Permanent Curfew for Minors (Repealed by Ord 2152) J,�v.11LA i s
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1908
City
Washington
Ordinance No. /q 71
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A PERMANENT
CURFEW FOR MINORS; REPEALING ORDINANCE NOS.
1771, 1811, 1849, AND 1879, AS CODIFIED AT TUKWILA
MUNICIPAL CODE 8.75; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, young people who are out late in the evening and very early in the morning
have traditionally accounted for both youth crime and youth victimization; and
WHEREAS, Tukwila police officers who have worked in those areas where young people
often associate at night have been successful in talking to the youths and groups of youth,
using a curfew ordinance; and
WHEREAS, by talking with young people, the police have been successful in convincing
them to leave the streets and get out of harm's way; and
WHEREAS, it is important that youth be kept safe from potentially committing and from
potentially becoming victims of crime, which the City believes a curfew has accomplished
successfully and will continue to do; and
WHEREAS, after carefully reviewing the crime statistics since 1996 in annual reviews of
the curfew ordinance, the City believes past curfew ordinances have been useful tools, and is
now ready to institute the curfew permanently in order to have it available when it is needed
in the future;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 8.75.010, Definitions.
A. The word "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 commission 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.
Curfew- Permanent 8- 01.doc 1
D. "Curfew hours" means:
1. 11:00 PM on Sunday, Monday, Tuesday, Wednesday, or Thursday until 5:00 AM
the following day, and
2. 11:59 PM until 5:00 AM any Friday or Saturday.
E. "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 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 enter
tainment.
G. "Extended family member" means grandparent, 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.
I. "Minor" means any person under 18 years of age.
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.
Section 2. TMC 8.75.020, Curfew established.
A. A minor commits the offense of "curfew violation" if he or she remains in any public
place or establishment 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
Section 3. TMC Chapter 8.75.030, Exemptions.
It shall not be deemed an offense under this chapter if any of the following conditions is
found to apply:
1. The minor was:
a. Accompanied by a parent, guardian, extended family member or custodian,
provided that person is over 18 years of age.
b. On an errand at the direction of the minor's parent or guardian, without any
unnecessary detour or stop.
Curfew- Permanent 8- 01.doc 2
c. 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.
d. Involved in an emergency.
e. Engaged in lawful employment or traveling to or from an employment
activity, without a detour or stop.
f. 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.
Section 4. TMC 8.75.040, Enforcement.
A. Unless flight by the person or other circumstances 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 reasonable distance of the parent's home. The officer releasing 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.
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
Curfew Permanent 8- 01.doc 3
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.
Section 5. TMC 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.
Section 6. Repealer. Ordinance Nos. 1771, 1811, 1849, and 1879 are hereby repealed.
Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 8. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force and effect five (5) days
after passage and publication as provided by law.
PASSED BY THE CITY COUt OF THE Y 9F TUKWILA, WASHINGTON, at a
Regular Meeting thereof this l yj day of ..11 2001.
cl etkt, in in Z6Q.Li
Steven M. Mullet, Mayor
ATTEST AUTHENNTICATED:
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e E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the
ty Attorney
FILED WITH THE CITY CLERK: 'V/ 34/
PASSED BY THE CITY COUNCIL: 7/d 1
PUBLISHED: i'p
EFFECTIVE DATE: 7/z,4 /o)
ORDINANCE NO.: !1 7
Curfew Permanent 8- 01.doc 4
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 71
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A PERMANENT
CURFEW FOR MINORS; REPEALING ORDINANCE NOS.
1771, 1811, 1849, AND 1879, AS CODIFIED AT TUKWILA
MUNICIPAL CODE 8.75; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
On the City Council of the City of Tukwila passed
Ordinance No. 7 i instituting the City's curfew permanently, including
provisions for exemptions, enforcement, and violations /penalties; providing for
severability; and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who
submits a written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of
Published Seattle Times: 9 i/o
/7 2.0 tl.
e E. Cantu, CMC, City Clerk