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HomeMy WebLinkAbout5404 ORDINANCE NO. 5 4 0 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, EXTENDING FOR ONE YEAR THE EFFECTIVE DATE OF THE JUVENILE CURFEW AND PARENTAL RESPONSIBILITY ORDINANCE, CODIFIED IN 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 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 Ordinance No. 5404 June 2, 2000 Page 1 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 June 2, 1997 on a juvenile curfew ordinance, a public hearing on a juvenile curfew ordinance on September 2, 1997 and considered the ordinance for approval at its October 6, 1997 council meeting and received at those public forums letters, comments and testimony from members of the public and the Auburn Police Department, concerning the need to have effective tools to make contact with a juvenile out on the street Ordinance No. 5404 June 2, 2000 Page 2 late at night, to protect minors from the dangers that exist in public places during the late night and early morning hours and to protect Auburn citizens during late night and early morning hours; and WHEREAS, for the purpose of preserving public safety the City is establishing times and conditions under which juveniles may be present on the public streets, in the public parks and in other public places during the late night and early morning hours; 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 juveniles, i.e., graffiti, 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 1995 and 1996, the number of juvenile murder victims (not including victims of child' abuse) reported was 38 in 1993, 32 in 1994 and 33 in 1995, 13 in 1996, 18 in 1997 and 18 in 1998; and WHEREAS, larger neighboring 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 trends first appear in larger populated municipalities, and subsequently appear in smaller municipalities; and Ordinance No. 5404 June 2, 2000 Page 3 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, 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 on September 7, 1999 extended its curfew ordinance for two years; 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 drug offenses and 84 other cases of felony juvenile arrests; and 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, I intimidation of witnesses, 13 drug offenses, and 50 other cases of felony juvenile arrests; and WHEREAS, in 1997 in the City of Auburn, there were 627 juvenile arrests, which included 0 rapes, 1 indecent liberties, 6 robberies, 11 st degree assault, 8 2nd degree assaults, 5 burglaries, 12 residential burglaries, 0 Ordinance No. 5404 June 2, 2000 Page 4 intimidation of witnesses, 15 misdemeanor drug offenses, 1 felony drug offense and 74 other cases of felony juvenile arrests; and WHEREAS, from January through July 1998 in the City of Auburn, there were 506 juvenile arrests, which included 2 rapes, 1 sexual exploitation, 10 robberies, 0 1st degree assaults, 9 2nd degree assaults, 9 burglaries, 14 residential burglaries, 1 intimidation of witnesses, 26 misdemeanor drug offenses, 2 felony drug offenses and 52 other cases of felony juvenile arrests; and WHEREAS, from August 1998 through July 1999 in the City of Auburn there were 663 juvenile arrests, which included 11st degree assault, 10 2nd degree assaults, 8 burglaries, 7 residential burglaries, 1 witness intimidation, 24 misdemeanor drug offenses, 17 felony drug offenses, 3 residential arsons, and 88 other cases of felony juvenile arrests; and WHEREAS, from August 1998 through July 1999 there was a decrease in the number of violent crimes committed by juveniles from 8 in the first seven months of 1998 to 7 from August 1998 through July 1999; and WHEREAS, from 1997 to the first seven months of 1998 there was an increase in the number of violent crimes committed by juveniles from 1 in 1997 to 8 in the first seven months of 1998 during the hours of midnight to six o'clock a.m.; 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; in 1996 87% of all juveniles arrested were of those aged 13 Ordinance No. 5404 June 2, 2000 Page 5 through 17 years of age at the time of the incident for which they were arrested in 1997; 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, in Auburn during 1997 12% of those juveniles arrested were 12 years of age and under at the time of the incident for which they were arrested, 12% were 13 years old, 17% were 14 years old, 16% were 15 years old, 40 were 16 years old and 23% were 17 years old; and WHEREAS, from January through July 1998 in Auburn 86% 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; in 1997 88% 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 in 1997; and WHEREAS, from August 1998 through July 1999 in Auburn 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 Ordinance No. 5404 June 2, 2000 Page 6 WHEREAS, from January through July 1998 in Auburn 13% of those juveniles arrested were 12 years of age and under at the time of the incident for which they were arrested, 12% were 13 years old, 14% were 14 years old, 19% were 15 years old, 22% were 16 years old and 19% were 17 years old; and WHEREAS, from August 1998 through July 1999 in Auburn 8% 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, 15% were 14 years old, 20% were 15 years old, 22% were 16 years old and 24% were 17 years old; and WHEREAS, criminal activity by juveniles within the City of Auburn is a great concern of Auburn citizens; and WHEREAS, 612 juveniles were arrested in 1995, with approximately 21% of those crimes occurring between midnight and 6:00 a.m.; and WHEREAS, 553 juveniles were arrested in 1996, with approximately 13% of those crimes occurring between midnight and 6:00 a.m.; and WHEREAS, 627 juveniles were arrested in 1997, with approximately 11% of those crimes occurring between midnight and 6:00 a.m.; and WHEREAS, from January through July 1998, 506 juveniles were arrested with approximately 13% of those crimes occurring between midnight and 6:00 a.m.; and WHEREAS, from August 1998 through July 1999, 663 juveniles were arrested with approximately 16% of those crimes occurring between midnight and 6:00 a.m.; and Ordinance No. 5404 June 2, 2000 Page 7 WHEREAS, a juvenile curfew would facilitate law enforcement during the hours of highest calls for service for serious criminal activity; and WHEREAS, due to the cumbersome nature of current juvenile charging procedures and King County's extensive juvenile caseload, it may take up to eight weeks for a juvenile to be charged 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 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, according to Auburn patrol sergeants and patrol officers, the presence of juveniles on the street during the curfew hours of midnight to six o'clock a.m. each day of the week has been reduced thereby reducing the number of juvenile arrests and juvenile victims; and WHEREAS, the United States Supreme Court has denied review of decisions by the United States Courts of Appeals for the Fifth and Fourth Ordinance No. 5404 June 2, 2000 Page 8 Circuits upholding the constitutionality of juvenile curfew ordinances and providing guidelines and suggestions for enacting curfew ordinances in Qutb v. Strauss, 11 F.3d 488 (5th Cir. 1993) and Schleifer v. Citv of Charlottesville, 4th Circuit Court of Appeals, No. 97-1723 (October 1998). In Nunez v. Citv of San Dierio, 114 F.3d 935 (9th Cir. 1997) struck down San Diego's 1947 curfew ordinance; 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 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 Ordinance No. 5404 June 2, 2000 Page 9 Washinqton v. J.D. 86 Wn. App. 501 (1997), cert. granted, 134 Wn.2d 1006 (February 9, 1998), reversed on motion for reconsideration July 10, 1998, 1998 (WL 438663, 1 (Wash)) provided guidance for cities when drafting valid curfew ordinances; and, WHEREAS, there is a clear evidentiary nexus between Ordinance purpose to reduce juvenile crime and juvenile victimization and the restrictions it imposes; and WHEREAS, based on the direction provided by the cases cited herein, and the facts and information presented to the Auburn City Council, it desires to extend for one year the juvenile curfew and parental responsibility ordinance approved by the Auburn City Council on June 7, 1999; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Present Auburn City Code Chapter 9.50 entitled "Curfew Hours for Juveniles," consisting of eight sections numbered 9.50.010 through 9.50.080 as approved June 7, 1999 in Ordinance 5241 is hereby extended for one year to June 20, 2001 and reads 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 cimumstances or the resulting state that calls for immediate action. The term includes, but is Ordinance No. 5404 June 2, 2000 Page 1~ 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 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 grandparent, 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 willing and available to care for the juvenile. 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. Ordinance No. 5404 June 2, 2000 Page 11 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 the doorways and entrances to such buildings and the grounds enclosing them, transport facilities, shops and automobiles (whether moving 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 during curfew hours. B. A parent or guardian 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. Ordinance No. 5404 June 2, 2000 Page 12 C. A parent or guardian 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. 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 guardian or other responsible person who is 18 years of age or older and approved by the juvenile's parent, guardian, custodian or other adult person having custody or control of the juvenile to accompany said juvenile; or 2. on an errand at the direction of the juvenile's parent or guardian, or other adult person having 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, guardian, custodial or other adult person having custody or control of the juvenile through the State of Washington; or 4. engaged in a legal employment activity, or going to or returning home from a legal employment activity without any unnecessary detour or stop; this exception shall also apply if the juvenile Ordinance No. 5404 June 2, 2000 Page 13 is in a public place or establishment during curfew hours in the course of his or her employment, or 5. involved in an emergency, or 6. on the sidewalk abutting the juvenile's residence or abutting the residence of a next-door neighbor, if the neighbor did not complain to the police department about the juvenile's presence, or 7. attending, going to, or returning home, without any detour or unnecessary stop, from an official school, religious, or other activity supervised by adults or sponsored by the following, including but not limited to: the City of Auburn, a school, a reliqious organization, a civic organization, the Boys and Girls Clubs, the YWCA, the YMCA, King County, or other similar entity which has adult supervision for the juvenile, or a place of public entertainment, such as a movie, play or sporting event, or 8. exercising 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 directly home, without Ordinance No. 5404 June 2, 2000 Page 14 any detour or unnecessary stop, upon termination of the commercial activity, or B. It is a defense to this ordinance that the parent .or guardian is reasonably hindered to such a degree that he/she is unable to appear and take custody of the juvenile after being 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 during curfew hours and refused to leave. 9.50.040 Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being 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) according to the Temporary Custody Procedure. 9.50.050 Temporary Custody Procedure. A police officer who reasonably believes that a juvenile is violating any of the provisions as described herein shall 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 (mjROF). Ordinance No. 5404 June 2, 2000 Page 15 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 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. Ordinance No. 5404 June 2, 2000 Page 16 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 officers 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 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. D. The maximum penalty for each subsequent offense is $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. Ordinance No. 5404 June 2, 2000 Page 17 F. There shall be an additional penalty of $100.00 for failure to respond to a notice of infraction. G. All 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. All proceedings Under this ordinance shall be civil in nature. 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. Ordinance No. 5404 June 2, 2000 Page 18 9.50.080 Evaluation. A. This ordinance and the need for it shall be reviewed annually. By June 4, 2001, 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 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 2. 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 the fact Ordinance No. 5404 June 2, 2000 Page 19 that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. 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 June 20, 2001, unless, prior to that date, the City Council, by resolution extends this ordinance to a date certain. June 5, 2000 INTRODUCED: June 5, 2000 PASSED: June 5, 2000 APPROVED: CHARLES A. ~O~H MAYOR Ordinance No. 5404 June 2, 2000 Page 20 ATTEST: Dani Daskam City Clerk APPROVED AS TO FORM: City Attorney Published: ~/e/~-)7~ Ordinance No. 5404 June 2, 2000 Page 21