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HomeMy WebLinkAboutOrd 1771 - Curfew for Minors (Repealed by Ord 1973) r J��ILA:.�V,q ssr+ r' 0- 2 1 Q O i 1.909 C ity T kwila of u 1 L 4►" 4 0 Washington Ordinance No. 7 7 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON ADDING A NIGHT TIME CURFEW LAW FOR MINORS, ESTABLISHING DEFINITIONS, CURFEW HOURS, THE OFFENSE OF "CURFEW VIOLATION ENFORCEMENT 11 PROCEDURES AND PENALTIES; REPEALING ORDINANCE NOS. 414 AND 586; PROVIDING SECTIONS CONCERNING SEVERABILITY AND THIRD -PARTY LIABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, criminal activity by minors rose by 7% between 1994 and 1995; 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 prowl and crimes of violence; and WHEREAS, 838 juveniles were arrested for crime in 1995, with approximately 10% of those crimes occurring between 10 p.m. and 6:00 a.m.; and WHEREAS, 43% of the victims of crime live in Tukwila, though only 20% of arrests are committed by Tukwila citizens, leaving those youth out late at night more vulnerable to crime; and WHEREAS, the late night and early morning hours are the traditionally busy hours for law enforcement officers in Tukwila whose calls for service rose from 33,420 in 1994 to 38,952 in 1995; and WHEREAS, a juvenile curfew during late night and early morning hours would serve the interest of the public heath, safety and welfare by lessening the exposure of minors to late night street crime, by reducing the likelihood of graffiti and 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 juvenile criminal activity; and WHEREAS, a juvenile curfew would facilitate law enforcement during the hours of highest calls for service and serious criminal activity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: A new Chapter of the Tukwila Municipal Code 8.75, "Curfew for Minors is hereby created to read as follows: SECTION 1. DEFINITIONS. For the purposes of this chapter, the following definitions shall apply: A. 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. 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. Custodian means any person at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a juvenile. C. Curfew hours means CURFEWI.DOC 9111196 1 1. 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday until 5:00 a.m. the following day, and 2. 11:59 p.m. until 5:00 a.m. any Friday or Saturday. D. 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. E. 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. F. 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. G. Guardian means an individual, other than a parent, who legally has the responsibility for the care and management of a child during its minority. H. Minor means any person under 18 years of age. I. Parent means a person who is a natural parent, adoptive parent, foster parent, or step parent of a minor. J. 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. K. 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. 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. EXEMPTIONS. It shall not be deemed an offense under this chapter if any of the following conditions is found to apply: 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. C. Attending, going to, or returning home from directly and without any detour, an official school, religious or a recreational activity, including but not limited to a dance, theater presentation, concert or sporting event. 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. 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 CURFEWI.DOC 9/11/96 2 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 should not issue a citation or take further action unless the officer reasonably believes an offense has occurred, and that, based on any response and other circumstances, none of the circumstances under this section 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 adults, 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: a. if 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. if it is not practical to transport the child to his or her home or place of the parent's employment; or c. if 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 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. 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. 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 Chapter 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 fifty dollars ($50.00) 2. Second offense, not to exceed one hundred dollars ($100.00). 3. Third offense, not to exceed two hundred and fifty dollars ($250.00). SECTION 6. EXPIRATION. A. The results of this ordinance shall be reviewed by the City Council ten months after its initial enactment. The Police Department and administration will consider the effectiveness of and 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 violations; and any official citizen complaints about these sections. CURFEWI.DOC 9/11/96 3 B. This ordinance shall expire one year after its effective date of passage unless prior to that date the City Council shall provide for their extension by ordinance. SECTION 7. REPEALER. Ordinance Nos. 414 and 586 are hereby repealed. SECTION 8. 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. The City Council of Tukwila, Washington, hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 9. THIRD PARTY LIABILITY. It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public 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. It is the specific intent of this ordinance that no provision or term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this ordinance shall be discretionary and not mandatory. Nothing contained in this Ordinance 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 this Ordinance by its officers, employees or agents. SECTION 10. EFFECTIVE DATE. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect and be in full force and effect five days after publication of the attached summary thereof consisting of the title. PASSED BY THE CITY OUNCIL OF THE CITY OF TU14WILA, WASHINGTON, at a Regular day of ,1996. Meeting thereof this /lv ATTEST /AUTHENTICATED: E. Cantu, City Clerk APPROVED AS TO FORM: By ��/�i Office of the City Atto ey FILED WITH THE CITY 942-7Y PASSED BY THE CITY COUNCIL: 9//6 PUBLISHED: R7 /y 6 EFFECTIVE DATE: 'Vol s'i‘ ORDINANCE NO.: 77/ CURFEWI.DOC 9/11/96 (1 .4, i f W. Rants, Mayor (A) 4 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. 7 7 1 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ADDING A NIGHT TIME CURFEW LAW FOR MINORS, ESTABLISHING DEFINITIONS, CURFEW HOURS, THE OFFENSE OF "CURFEW VIOLATION", ENFORCEMENT PROCEDURES AND PENALTIES; REPEALING ORDINANCE NOS. 414 AND 586; PROVIDING SECTIONS CONCERNING SEVERABILITY AND THIRD -PARTY LIABILITY; AND ESTABLISHING AN EFFECTIVE DATE. On 9 //4 96 the City Council of the City of Tukwila passed Ordinance No. 7 7 establishing a night -time curfew law for minors; stating conditions for exceptions, providing for enforcement; establishing penalties for violation; setting an expiration date and effective date; repealing Ordinance Nos. 414 and 586; and providing for third party liability and severability. 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 /6 /7 Published Seattle Times: 7/,9- /9( e E. Cantu, City Clerk i