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Wc Ordinance No. l9
61 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING SECTIONS
3, 4(A), 5, AND 6 OF ORDINANCE 1771 AS CODIFIED AT
TUKWILA MUNICIPAL CODE 8.75, CURFEW FOR
MINORS, RELATING TO EXEMPTIONS, ENFORCE-
MENT, VIOLATIONS/PENALTIES, AND EXPIRATION
DATE; PROVIDING A SECTION CONCERNING THIRD
PARTY LIABILITY; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, criminal activity by minors within the City of Tukwila rose by 13%
between 1994 and 1996; and,
WHEREAS, the darkness of late night and early morning hours makes it more
difficult for law enforcement officers to prevent and solve certain types of crimes
involving minors, i.e. graffiti, malicious mischief, vehicle prowling and crimes of violence;
and,
WHEREAS, 897 juveniles were arrested for crimes in 1996, with approximately 10%
of those crimes occurring between 10:00 p.m. and 6:00 a.m.; and,
WHEREAS, 44% of the victims of crime in Tukwila live in Tukwila, although only
19% of the crimes are committed by Tukwila citizens, leaving Tukwila youth who are out
late at night especially vulnerable to the criminal activity generated by non Tukwila
residents; and,
WHEREAS, the late night and early morning hours are traditionally the busy hours
for law enforcement officers in Tukwila, whose calls for service rose from 33,420 in 1994 to
36,684 in 1996, as a majority of the crimes occurred during the late night and morning
hours; and,
WHEREAS, a juvenile curfew during the late night and early morning hours would
serve the interest of the public health, safety and welfare by lessening exposure of minors
to late night street crime, by reducing the likelihood of graffiti or other crimes aided by
darkness, isolated vehicle and pedestrian traffic, and the sleep of property owners, and by
targeting late night juvenile crime which accounts for a substantial portion of all juvenile
criminal activity; and
WHEREAS, faced with the above stated facts, the City Council of Tukwila passed, in
September, 1996, Ordinance 1771, establishing a nighttime curfew for minors, definitions,
curfew hours, the offense of a "curfew violation," enforcement procedures and penalties;
and
WHEREAS, Section 6(A) of Ordinance 1771 calls for a review of the results of the
ordinance ten (10) months after its effective date, said review to include a report prepared
by the police department, which report is to provide reporting on the practicality of
enforcement and problems with enforcement, the types of violator placement made, the
impact on juvenile crime statistics and juvenile victimization, the public perception of
CURFEW2.DOC 8128197 1
juvenile crime, the number of minors cited for a curfew violation, and any official
complaints about the nighttime curfew for minors; and,
WHEREAS, the Police Department has completed the 10 -month report and has
found: Ordinance 1771 is practical to enforce, easily understood by police officers and
citizens, and that there are no significant enforcement problems; 84% of curfew violators
were taken home and released to a parent, 7% were arrested on outstanding arrest
warrants for other violations, and 9% were either taken to D.S.H.S., placed in a cab, or
sent home when no other options were available; when comparing the first nine months
that Ordinance 1771 was in effect to the same nine months in the prior year, there was a
12% reduction in juvenile crime and a 23% reduction in juvenile victims from September
16, 1995 to June 10, 1996, there were 697 juvenile arrests and 302 juvenile victims of crime,
and from September 16, 1996 (the effective date of Ordinance 1771) to June 10, 1997, there
were 615 juvenile arrests and 232 juvenile victims the public perceives a reduction,
during the nine month period of Ordinance 1771's effect, of juvenile crime; 44 curfew
infractions were issued during the nine month period, and of those cited 66% were non-
residents, 86% were issued along Highway 99, 77% were male, 82% were issued between
11 p.m. and 2 a.m., and 59% were issued to minors between 16 and 17 years of age; and
the police department has received no citizen complaints about the curfew ordinance or
its enforcement; and,
WHEREAS, the Washington State Court of Appeals Division in its decision on the
constitutionality of Bellingham's minor curfew ordinance in State v. T.D., 86 Wn.App.
(Slip Op., June 2, 1997) provided guidance to cities when drafting valid curfew
ordinances; and,
WHEREAS, there is a clear evidentiary nexus between Ordinance 1771's purpose to
reduce juvenile crime and juvenile victimization, and the actual effect of Ordinance 1771,
that is, substantial reduction of both juvenile crime and victimization; and,
WHEREAS based on the foregoing facts, on the direction provided by the Court of
Appeals, and on facts in the Police Department report, the City Council now wishes to
amend Ordinance 1771 and to extend its effect beyond the expiration date provided in
Section 6 of the Ordinance by repealing that section;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Exemptions. Ordinance No. 1771, Section 3, as codified at Tukwila Municipal
Code 8.75.030, is hereby amended to read as follows:
8.75.030 Exemptions.
It shall not be deemed an offense under this chapter if any of the following
conditions is found to apply: The minor was:
1. Accompanied by a parent, guardian, extended 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.
CURFEW2.DOC 8/28/97 2
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.
Section 2. Enforcement. Ordinance No. 1771, Section 4(A), as codified at Tukwila
Municipal Code 8.75.040(A), is hereby amended to read as follows:
8.75.040 Enforcement.
Unless flight by the person or other circumstances make in 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.
Section 3. Violations /Penalties. Ordinance No. 1771, Section 5, as codified at Tukwila
Municipal Code 8.75.050, is hereby amended to read as follows:
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 4. Expiration. Ordinance No. 1771, Section 6, as codified at Tukwila Municipal
Code 8.75.060 is hereby amended to read as follows:
8.75.060 Expiration.
A. The results of this ordinance shall be reviewed by the City Council ten months
after its initial enactment (07/02/98). The Police Department and administration will
consider the effectiveness of the continuing need for these sections. The report should
include, but not be limited to, reporting on the practicality of enforcing the ordinance and
any problems with enforcement; what types of placement of curfew violators were made;
the impact on juvenile crime statistics and juvenile victimization; the public perception of
juvenile crime, number of minors cited for a curfew violation; and any official citizen
complaints about these sections.
B. The ordinance shall expire one year after its effective date of passage (09/02/97)
unless prior to that date the City Council shall provide for their extension by ordinance.
Section 5. Third Party Liability. It is expressly the purpose of Ordinance No. 1771 and
this Ordinance amending Ordinance No. 1771 to provide for and promote the health,
safety and welfare of the general public and the minor residents within the City of
Tukwila, and not to create or otherwise establish or designate any particular class or
group of persons who will or should be especially protected or benefited by the terms of
this ordinance.
CURFEW2.DOC 8/28/97 3
It is the specific intent of Ordinance No. 1771 and of this Ordinance amending
Ordinance No. 1771 that no provision or term used in the ordinances is intended to
impose any duty whatsoever upon the City or any of its officers or employees, for whom
the implementation and enforcement of the ordinances shall be discretionary and not
mandatory.
Nothing contained in Ordinance No. 1771 or this Ordinance amending Ordinance
No. 1771 is intended nor shall be construed to create or form the basis of any liability on
the part of the City, or its officers, employees or agents, for any injury or damage resulting
from any action or inaction on the part of the City related in any manner to the
enforcement of the ordinances, by its officers, employees or agents.
Section 6. 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 by a court of competent jurisdiction, 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 7. 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 of publication.
PASSED BY THE CITY COUNCIL OF THE C TY OF TUK Vi,A, WASHINGTON,
at a Regular Meeting thereof this /4" day of 1997.
ATTEST /AUTHENTICATED:
ne E. Cantu, City Clerk
APPROVED AS TO FORM:
By r.
Office of the City Attorne?
FILED WITH THE CITY CLERK: 9- -9
PASSED BY THE CITY COUNCIL: ,'-/5-9 7
PUBLISHED: g--/9- 9 7
EFFECTIVE DATE: 7... ,7 5/-97
ORDINANCE NO.: g
\41, ,4A
Jo. W. Rants, Mayor
CURFEW2.DOC 8/28/97 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING SECTIONS 3,
4(A), 5, AND 6 OF ORDINANCE 1771 AS CODIFIED AT
TUKWILA MUNICIPAL CODE 8.75, CURFEW FOR
MINORS, RELATING TO EXEMPTIONS, ENFORCE-
MENT, VIOLATIONS /PENALTIES, AND EXPIRATION
DATE; PROVIDING A SECTION CONCERNING THIRD
PARTY LIABILITY; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. /Z
O J /..5 City Council of the City of Tukwila passed
Ordinance No. /C7/ amending sections of TMC 8.75, Curfew for Minors, relating
to exemptions, enforcement, violations /penalties and expiration date; and adding a
section concerning third party liability; 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 9// th7
Published Seattle Times: 9// '07 l eer
9 44(x_ g ra.0.6a
Cantu, City Clerk