HomeMy WebLinkAbout5541 ORDINANCE NO. 5 5 4 i
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, EXTENDING FOR THREE YEARS 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. 5541
May 29, 2001
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. 5541
May 29, 2001
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, 18 in 1998 and 16 in
1999; 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. 5541
May 29, 2001
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 through December 2003; 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, 1 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, 1 1st degree
assault, 8 2nd degree assaults, 5 burglaries, 12 residential burglaries, 0
Ordinance NO. 5541
May 29, 2001
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 1 1st 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 1999 through December 1999 in the City of
Auburn there were 264 juvenile arrests, which included 2 first degree assaults,
2 second degree assaults, 1 burglary, 3 residential burglaries, 2 child
molestation, 13 misdemeanor drug offenses and 3 felony drug offenses and 46
other cases of felony juvenile arrests; and
WHEREAS, for the calendar year 1999 in the City of Auburn there were
625 juvenile arrests, which included 3 first degree assaults, 7 second degree
assaults, 6 burglaries, 7 residential burglaries, 2 intimidation of witness, 2 child
molestation, 12 felony drug offenses, 26 misdemeanor drug offenses and 81
other cases of felony juvenile arrests; and
Ordinance NO. 5541
May 29, 2001
Page 5
WHEREAS, for the calendar year 2000 in the City of Auburn there were
599 juvenile arrests which included 1 first degree assault, 4 second degree
assaults, 2 burglaries, 12 residential burglaries, 7 rapes, 2 child molestation, 3
arsons, 1 manslaughter, 21 felony drug offenses and 40 misdemeanor drug
offenses and 90 other cases of felony juvenile arrests.
WHEREAS, for the calendar year 1998 there were 12 violent felonies
which occurred during the city's curfew hours; for the calendar year 1999 there
were 12 violent felonies which occurred during the city's curfew hours; and for
the calendar year 2000 there were 6 violent felonies which occurred during
curfew hours (a decrease of 6); 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
through 17 years of age at the time of the incident for which they were arrested
in 1997; and
Ordinance NO. 5541
May 29, 2001
Page 6
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
WHEREAS, from August 1999 through December 1999 in Auburn 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
Ordinance No. 5541
May 29, 2001
Page 7
WHEREAS, for the calendar year 1999 in Auburn 89% of all juveniles
arrested were those aged 15 through 17 years of age at the time of the incident
for which they were arrested; and
WHEREAS, for the calendar year 2000 in Auburn 91% of all juveniles
arrested were those aged 13 through 17 years of age at the time of the incident
for which they were arrested; and
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 15 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, from August 1999 through December 1999 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, 7% were 13 years old, 20% were 14
years old, 15% were 15 years old, 19% were 16 years old and 27% were 17
years old; and
WHEREAS, for the calendar year 1999 11% of those juveniles arrested
were 12 years of age and under at the time of the incident for which they were
arrested, 8% were 13 years old, 18% were 14 years old, 16% were 15 years
old, 20% were 16 years old and 27% were 17 years old; and
Ordinance No. 5541
May 29, 2001
Page 8
WHEREAS, for the calendar year 2000 9% 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, 16% were 14 years old, 19% were 15 years
old, 18% were 16 years old and 27% 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
WHEREAS, from August 1999 through December 1999, 264 juveniles
were arrested with approximately 13% of those crimes occurring between
midnight and 6:00 a.m.; and
Ordinance NO, 5541
May 29, 2001
Page 9
WHEREAS, for the calendar year 1999, 625 juveniles were arrested with
approximately 15% of those crimes occurring between midnight and 6:00 a.m.;
and
WHEREAS, for the calendar year 2000, 599 juveniles were arrested with
approximately 9% of those crimes occurring between midnight and 6:00 a.m.;
and
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
Ordinance NO. 5541
May 29, 2001
Page 10
WHEREAS, 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
WHEREAS, the United States Supreme Court has denied review of
decisions by the United States Courts of Appeals for the Fifth and Fourth
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. City of Charlottesville, 4th
Circuit Court of Appeals, No. 97-1723 (October 1998). In Nunez v. City of San
Die.qo, 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
Ordinance No. 5541
May 29, 2001
Page 11
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
Washin.qton 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 430663, 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 three years the juvenile curfew and parental responsibility ordinance
approved by the Auburn City Council on June 5, 2000;
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 "Curlew
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:
Ordinance No. 5541
May 29, 2001
Page 12
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 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 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).
Ordinance No. 5541
May 29, 2001
Page 13
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 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.
Ordinance No. 5541
May 29, 2001
Page 14
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.
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
Ordinance No. 5541
May 29, 2001
Page 15
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
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 orqanization, a civic
organization, the Boys and Girls Clubs, the YVVCA, 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
Ordinance NO. 5541
May 29, 2001
Page 16
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
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
Ordinance No. 5541
May 29, 2001
Page 17
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
(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:
Ordinance NO. 5541
May 29, 2001
Page 18
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.
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 fails to appear at a hearing
Ordinance No. 5541
May 29, 2001
Page 19
Iii ~
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.
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.
Ordinance No, 5541
May 29, 2001
Page 20
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 every three
years. By June 9, 2004, and each three-year period 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.
Ordinance NO. 5541
May 29, 2001
Page 21
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
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 25, 2004, unless, prior to that date, the City Council, takes
action to extend this ordinance to a date certain.
Ordinance No. 5541
May 29, 2001
Page 22
INTRODUCED: June 4, 2001
PASSED: Ju~e 4, 2001
APPROVED: June 4, 2001
CHARLES A. BOOTH
MAYOR
ATTEST:
Dani Daskam
City Clerk
APPROVED AS TO FORM:
City Attorney
Published:
Ordinance NO. 5541
May 29, 2001
Page 23