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ORDINANCE NO. 4 8 8 i
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, ADOPTING A JUVENILE CURFEW AND PARENTAL
RESPONSIBILITY ORDINANCE, ESTABLISHING A NEW CHAPTER 9.50 OF
THE AUBURN CITY CODE, ESTABLISHING FINDINGS OF FACT, AND
SETTING FORTH PENALTIES FOR VIOLATORS.
WHEREAS, violence, including juvenile violence, in our
community causes great concern for the immediate health, safety
and general welfare of our citizens; and
WHEREAS, the City highly values the health, safety and
general welfare of our minors, and has a vested interest in
preserving and nurturing this valuable investment; and
WHEREAS, persons under the age of 18 are susceptible to
participate in unlawful activities and to be victims of older
perpetrators of crime by their lack of maturity, experience and
vulnerability; and
WHEREAS, the physical and psychological well being of our
minors is threatened by the increasing influence of criminal
activities; and
WHEREAS, minors in public places during late night and
early morning hours are particularly susceptible to being
victimized and abused; and
Ordinance No. 4881
October 3, 1997
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WHEREAS, the City needs all the effective tools available
to protect minors from the dangers that exist in the late night
and early morning hours at public places; and
WHEREAS, the City believes that parental responsibility
and supervision must be encouraged and promoted; and
WHEREAS, the City finds that reasonable regulations on the
hours which juveniles under the age of 18 years may be in or
upon public streets, parks or other public places will protect
the juveniles of this municipality and reinforce parental
responsibility and authority; and
WHEREAS, the Washington State Institute for Public Policy
was directed by the 1994 and 1995 Legislature to study juvenile
violence and other at-risk behaviors of youth. As part of the
Institute's research efforts in this area, a survey and review
was conducted of the cities in Washington with juvenile curfew
ordinances. As of February 1996, 27 cities had curfew or
parental responsibility ordinances representing about ten
percent of Washington's total population. Almost half of the
cities with curfews reported that their ordinance had an impact
on juvenile crime. Some cities observed a reduction in the
incidents of malicious mischief, disorderly conduct, auto
prowls, and vandalism as well as more parent involvement.
WHEREAS, the Auburn City Council has held a Special
Meeting on October 8, 1996, a Council Workshop on May 2, 1997
Ordinance No. 4881
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on a juvenile curfew ordinance, a public hearin9 on a juvenile
curfew ordinance on September 2, 1997 and considered the
ordinance for approval at its October 6, 1997 council meetin9
and received at those public forums letters, comments and
testimony from members of the public and the Auburn Police
Department, concernin9 the need to have effective tools to make
contact with a juvenile out on the street late at night, to
protect minors from the dangers that exist in public places
durin9 the late night and early mornin9 hours and to protect
Auburn citizens durin9 late night and early mornin9 hours; and
WHEREAS, the acts of violence by or against juveniles are
occurrin9 at such rates as to be beyond the capacity of the
police to assure public safety especially durin9 the late night
and early mornin9 hours; and
WHEREAS, the darkness of late night and early mornin9
hours makes it more difficult for law enforcement officers to
prevent and solve certain types of crimes involvin9 juveniles,
i.e., 9raffiti, malicious mischief, vehicle prowl and crimes of
violence; and
WHEREAS, State-wide, in the Washington Association of
Sheriffs and Police Chiefs 'Crime in Washington Reports" for
1996 and 1997, the number of juvenile murder victims (not
including.victims of child abuse) reported was 38 in 1993, 32
in 1994 and 33 in 1995 and 13 in 1996; and
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WHEREAS, larger neighborin9 urban centers, such as Tacoma,
will reflect statistical patterns of juvenile criminal behavior
before it is apparent in smaller municipalities because of the
size of the population; and
WHEREAS, it has been found that in the past, future trenu~
first appear in larger populated municipalities, and
subsequently appear in smaller municipalities; and
WHEREAS, one such trend first appearing in Tacoma, then
later appearing in Auburn, was gang related activities such as
gang graffiti and gang related assaults; and
WHEREAS, the City of Tacoma passed a juvenile curfew and
parental responsibility ordinance effective January 1, 1995
which has been extended by the Tacoma City Council each year
thereafter and is presently in effect; and
WHEREAS, the City of Tukwila enacted a juvenile curfew
September 16, 1996 and extended the juvenile curfew ordinance
with certain modifications to September 2, 1998 finding a
reduction of 12% in juvenile arrests and a reduction of 23% in
juvenile victims; and
WHEREAS, in 1995 in the City of Auburn, there were 612
juvenile arrests, .which included 2 rapes, 8 robberies, 4-1st
degree assaults, 18-2nd degree assaults, 35 burglaries, 5
intimidation of witnesses, 11 narcotics offenses and 84 other
cases of felony juvenile arrests; and
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WHEREAS, in 1996 in the City of Auburn, there were 551
juvenile arrests which included 2 rapes, 3 robberies, 3-1st
degree assaults, 12-2nd degree assaults and 1-3rd degree
assault, 41 burglaries, 1 intimidation of witnesses, 13
narcotics offenses, and 50 other cases of felony juvenile
arrests; and
WHEREAS, in Auburn in 1995 92% of all juveniles arrested
were of those aged 13 through 17 years of age at the time of
the incident for which they were arrested and in 1996 87% of
all juveniles arrested were of those aged 13 through 17 years
of age at the time of the incident for which they were
arrested; and
WHEREAS, in Auburn in 1995 8% of those juveniles arrested
were 12 years of age and under at the time of the incident for
which they were arrested, 17% were 13 years old, 17% were 14
years old, 22% were 15 years old, 18% were 16 years old and 18%
were 17 years old; and
WHEREAS, in Auburn during 1996 13% of those juveniles
arrested were 12 years of age and under at the time of the
incident for which they were arrested, 11% were 13 years old,
16% were 14 years old, 19% were 15 years old, 24% were 16 years
old and 18% were 17 years old; and
WHEREAS, criminal activity by juveniles within the City of
Auburn is a 9teat concern of Auburn citizens; and
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WHEREAS, 612 juveniles were arrested in 1995, with
approximately 21% occurrin9 between midnight and 6:00 a.m.; and
WHEREAS, 553 juveniles were arrested in 1996, with
approximately 13% of those crimes occurrin~ between midnight
and 6:00 a.m.; and
WHEREAS, a juvenile curfew would facilitate law
enforcement durin~ the hours of highest calls for service for
serious criminal activity; and
WHEREAS, due to the cumbersome nature of current juvenile
chargin~ procedures and Kin~ County's extensive juvenile
caseload, it may take up to eight weeks for a juvenile to be
char~ed with a crime; and
WHEREAS, the current juvenile justice system is unable to
make juveniles immediately accountable for their criminal acts;
and
WHEREAS, this combination of circumstances and events
calls for immediate action on the part of the City to reduce
further violence and victimization, relieve the aura of fear
created for and by juveniles in the City, and provide immediate
accountability for those individuals who are currently able to
ignore the juvenile justice system and the laws of this City
and the State of Washington; and
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WHEREAS, the City of Auburn seeks to reduce juvenile
involvement in crime, whether as perpetrators or as victims;
and
WHEREAS, the activity the City of Auburn seeks to impact
occurs between the hours of midnight and six o'clock a.m. each
day of the week; and
WHEREAS, the curfew hours of midnight to six o'clock a.m.
each day of the week; will reduce the presence of juveniles on
the streets during those hours; thus, reducing the number of
juvenile arrests and juvenile victims; and
WHEREAS, the United States Supreme Court has denied review
of the United States Court of Appeals for the Fifth Circuit
decision which upheld the constitutionality of a juvenile
curfew ordinance and provided guidelines and suggestions for
enacting curfew ordinances in OUTB v. Strauss; and
WHEREAS, beginning July 1, 1994, Section 502 of Chapter 7,
Laws of 1994 First Extraordinary Section and Chapter 35.21 RCW
authorizes cities to enact a juvenile curfew ordinance; and
WHEREAS, the City of Auburn has an independent interest in
providing for the well being of its youth and seeks to assist
those whose primary responsibility is for the well being of
juveniles, and to reduce the incidence of juvenile criminal
activities and victimization; and
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WHEREAS, a curfew for those under the age of 18 will be in
the interest of the public health, safety, and general welfare
and will help to attain the foregoing objectives and to
diminish the undesirable impact of such conduct on both the
juvenile and adult citizens of the City of Auburn; and
WHEREAS, the City Council finds that reasonable
regulations on the hours during which juveniles under the age
of 18 may be in or upon public streets, parks or other public
places will protect the juveniles of this municipality, and
reinforce parental responsibility and authority; and
WHEREAS, the Washington State Court of Appeals, Division
I, in its decision on the constitutionality of Bellingham's
minor curfew ordinance in S~ate v. J.D., 86 Wn.App. 501 (1997)
provided guidance to cities when drafting valid curfew
ordinances; and,
WHEREAS, there is a clear evidentiary nexus between
Ordinance 4881's purpose to reduce juvenile crime and juvenile
victimizations and the restrictions it imposes; and
WHEREAS, based on the direction provided by the Court of
Appeals, Division I, and the facts and information presented to
the Auburn City Council, it desires to enact a juvenile curfew
and parental responsibility ordinance in the City of Auburn;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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October 3, 1997
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Section 1. That there is hereby added to the Auburn
Municipal Code a new Chapter 9.50 to be entitled 'Curfew Hours
for Juveniles," consistin9 of eight sections numbered 9.50.010
through 9.50.080 and readin9 as follows:
9.50.010 Definitions.
A. 'Curfew Hours" means between midnight and six o'clock
a.m. each day of the week.
B. 'Emergency" means an unforeseen combination of
circumstances or the resultin9 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
requirin9 immediate action to prevent serious bodily injury or
loss of life.
C. '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.
D. 'Extended Family Members" means 9randparent, brother,
sister, stepbrother, stepsister, uncle, aunt, or first cousin
who is not a minor and with whom the juvenile (minor child) has
a relationship and is comfortable with and who is willin9 and
available to care for the juvenile.
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E. 'Guardian" means:
1. a person who, under court order, is the guardian
of the person of a juvenile (minor), or
2. a public or private agency with whom a juvenile
(minor) has been placed by a court, or
3. a person at least 18 years of age who is
authorized by a parent or legal guardian to have the care
and custody of a juvenile (minor).
F. 'Juvenile" means any unemancipated person (minor)
under the age of 18 years.
G. "Operator" means any individual, firm, association,
partnership, or corporation operating, managing, or conducting
any establishment open during curfew hours. The term includes
the members or partners of an association or partnership and
the officers of a corporation.
H. 'Parent" means a person who is a natural parent,
adoptive parent, foster parent, or step-parent of another
person.
I. "Public Place" means any place to which the public,
or a substantial group of the public, has access, and includes,
but is not limited to, streets, highways, and the common areas
of schools, hospitals, apartment houses, sidewalks, alleys,
parking lots, buildings open to the general public, including
those which serve food or drink or provide entertainment, and
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the doorways and entrances to such buildings and the 9rounds
enclosin9 them, transport facilities, shops and automobiles
(whether movin9 or not).
J. 'Remain" means to: (1) linger or stay, or (2) to
fail to leave premises when requested to do so by a police
officer or owner, operator, or other person in control of the
premises.
K. 'Serious bodily injury" means bodily injury that
creates a substantial risk of death or that causes death,
serious permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.
9.50.020 Offenses.
A. A juvenile commits an offense if he or she remains in
any public place or on the premises of any establishment within
the City durin9 curfew hours.
B. A parent or 9uardian of a juvenile (minor) commits an
offense if he or she knowingly permits, or, by insufficient
lawful control, allows the juvenile to remain in any public
place or on the premises of any establishment within the curfew
hours.
C. A parent or 9uardian commits an offense if he or she
fails to appear to take the juvenile into custody after contact
from an Auburn Police Officer, pursuant to the Temporary
Custody Procedure.
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D. A person or operator, as defined herein, commits an
offense if that person or operator encourages, or affirmatively
facilitates a violation of this ordinance by a juvenile.
9.50.030 Defenses.
A. It is a defense that the juvenile was:
1. accompanied by the juvenile's parent, legal
9uardian or other responsible person who is 18 years of
age or older and approved by the juvenile's parent,
9uardian, custodian or other adult person havin9 custody
or control of the juvenile to accompany said juvenile; or
2. on an errand at the direction of the juvenile's
parent or 9uardian, or other adult person havin9 custody
or control of the juvenile without any unnecessary detour
or stop, or
3. in a motor vehicle involved in interstate travel
with the consent of a parent, 9uardian, custodial or other
adult person havin9 custody or control of the juvenile
through the State of Washington; or
4. engaged in a legal employment activity, or 9oin9
to or returnin9 home from a legal employment activity
without any unnecessary detour or stop; this exception
shall also apply if the juvenile is in a public place or
establishment durin9 curfew hours in the course of his or
her employment, or
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5. involved in an emergency, or
6. on the sidewalk abuttin9 the juvenile's
residence or abuttin9 the residence of a next-door
neighbor, if the neighbor did not complain to the police
department about the juvenile's presence, or
7. attendin9, 9oin9 to, or returnin9 home, without
any detour or unnecessary stop, from an official school,
religious, or other activity supervised by adults or
sponsored by the following, includin9 but not limited to:
the City of Auburn, a school, a religious organization, a
civic organization, the Boys and Girls Clubs, the YWCA,
the YMCA, Kin9 County, or other similar entity which has
adult supervision for the juvenile, or a place of public
entertainment, such as a movie, play or sportin9 event, or
8. exercisin9 First Amendment rights protected by
the United States Constitution, such as the free exercise
of religion, freedom of speech, and the right of assembly,
or
9. married and, thus, has achieved the age of
majority pursuant to the Revised Code of Washington (RCW)
26.28.020, or has become emancipated in accordance with
RCW 13.64.060(2), or
10. engaged in lawful commercial activity which is
commenced prior to curfew hours and the juvenile proceeds
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directly home, without any detour or unnecessary stop,
upon termination of the commercial activity, or
B. It is a defense to this ordinance that the parent or
9uardian is reasonably hindered to such a degree that he/she is
unable to appear and take custody of the juvenile after bein~
requested to do so.
C. It is a defense to prosecution under Section
9.50.020(D) that a person or operator of an establishment
promptly notified the police department that a juvenile was
present on the premises of the establishment durin~ curfew
hours and refused to leave.
9.50.040 Enforcement.
Before takin~ any enforcement action under this section, a
police officer shall ask the apparent offender's a~e and reason
for bein9 in the public place. The officer shall not issue a
citation or take further action under this section unless the
officer reasonably believes an offense has occurred, and that,
based on any response and other circumstances, no defense under
Section 9.50.030 is present. No citation shall be issued until
attempts have been made to place the juvenile (minor) accordin~
to the Temporary Custody Procedure.
9.50.050 Temporary Custody Procedure.
A police officer who reasonably believes that a juvenile
is violatin~ any of the provisions as described herein shall
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have authority to take the juvenile into custody, shall inform
the juvenile of the reason(s) for such custody, and may demand
that the parent or guardian appear and take custody of the
juvenile (minor).
Should the parent not appear, or should the officer
otherwise deem appropriate, the officer shall deliver, or
arrange to deliver the juvenile, as follows:
A. To juvenile's parent, guardian, custodian, or other
adult person having custody or control of such juvenile. The
officer releasing a juvenile into the custody of an adult
person having custody or control shall inform the adult of the
reason(s) for the taking of the juvenile (minor) into custody,
or
B. The officer may take the juvenile to the home of an
adult extended family member after attempting to notify the
parent, guardian, or custodian.
In the event that A and B are not appropriate under the
circumstances, the officer may deliver the juvenile (minor) to
the following:
C. The juvenile will be taken to an appropriate social
service agency with whom the City has contracted for such
services or to an appropriate facility of the Department of
Social and Health Services until the parent appears to take
responsibility for the juvenile, or
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D. In the event the parent fails to appear, the juvenile
is to be referred to an appropriate social service agency with
whom the City has contracted for such services or to an
appropriate facility of the Department of Social and Health
Services for consideration of further intervention and/or
placement services.
9.50.060 Violations.
A. A violation of any of the provisions of this
ordinance is designated a civil infraction, to be heard and
determined by the Auburn Municipal Court except when
jurisdiction lies with the Juvenile Court pursuant to RCW
13.04, The Basic Juvenile Court Act.
1. A police officer has the authority to issue a
notice of infraction when the infraction is committed in
the officer's presence.
2. The notice of infraction shall be in
substantially the same form as prescribed by RCW 43.63.060
for traffic infractions.
B. All proceedings for responding to a notice of
infraction under this ordinance and conducting a hearing on any
contested notice of infraction, or a mitigation hearing shall
be the same procedures prescribed for responding to traffic
infractions set forth in RCW Chapter 46.63. If any person
issued a notice of infraction fails to resPond as required, or
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fails to appear at a hearing requested by him/her, the Court
shall enter an appropriate determination assessing the penalty
prescribed for the curfew infraction.
C. A person found to have committed an infraction shall
be assessed a monetary penalty of not more than $100.00 for a
first offense.
The maximum penalty for each subsequent offense is
Do
$250.00.
E.
In all cases in which the court determines that an
infraction has been committed, court costs shall, be assessed in
addition to any monetary penalty.
F. There shall be an additional penalty of $100.00 for
failure to respond to a notice of infraction.
G. Ail monetary penalties imposed pursuant to this
ordinance shall be payable immediately. If the person who
committed the infraction is unable to pay at that time, the
court may, in its discretion, grant an extension of time or
allow payment in installments. In lieu of payment for all or
part of the monetary penalty, the court may provide for the
performance of community service.
H. Ail proceedings under this ordinance shall be civil
in nature.
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9.50.070 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 of Auburn 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.
9.50.080 Evaluation.
A. This ordinance and the need for it shall be reviewed
annually. By September 1, 1998, and each year thereafter that
it is in effect, the Mayor shall review this ordinance and
report and make recommendations to the City Council concerning
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the effectiveness of and the continuing need for this
ordinance. The report shall include, but not be limited to,
the following information:
1. The practicality of enforcing the ordinance and
any problems with enforcement identified by the Auburn
Police Department.
2. The impact of the ordinance and support programs
on juvenile crime and juvenile victimization statistics
and the public perception of juvenile crime and
victimization.
3. Number of juveniles taken into custody for
curfew violations.
4. Number of official citizen complaints filed
regarding the enforcement of this ordinance.
Section 3. Severability. The provisions of this
ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not
affect the validity of the remainder of this ordinance, or the
validity of its application to other persons or circumstances.
The City Council of the City of Auburn hereby declares that it
would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of
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the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out
the directives of this legislation.
~ This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law and shall expire on October 5,
1998, unless, prior to that date, the City Council, by
resolution extends this ordinance to a date certain.
INTRODUCED:
October 6, 1997
PASSED:
October 6, 1997
APPROVED:
October 6, 1997
CHARLES A. BOOTH
MAYOR
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October 3, 1997
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published: /~>../~ ~-d/) 7
Ordinance No. 4881
October 3, 1997
Page 21