HomeMy WebLinkAboutITEM V-CChapter 9, t0 CURFEW ~UURS FUR JU'~ENfLES P age I of 4
~ TUC
Cha ter 9. ~ ~
CURFE''~ HOURS FAR JUVENILES
Sections:
9.1D,D1D Definitions.
9.10,D2D Uffenses.
9_._14~43_~ Defenses. D.1D.D40 Enforcement.
9.10.a~Q Temporary custody procedure.
9,1 D.D~D Violations.
9.1 D,DlD Third party liability,
9.1 D.DBD Evaluation.
9.10.U1 ~ Definitions.
A. "Curfew hours" means between midnight and 6:DD a.m, each day of the week, B. "Emergency" means an unforeseen combination o circumstances orthe 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 awned 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; yr
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 ~minor7.
F, "Juvenile" means any unemancipated person minor} underthe 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 ar partners of an
association ar partnership and the officers of a corporation. H. "Parent" means a person who is a natural parent, adaptive parent, foster parent, or stepparent of
another person.
1. "Public place" means any place to which the public, or a substantial group of the public, has access, and
includes, but is not limited tv, streets, highways, and the common areas of schools, hospitals, apartment
houses, sidewalks, alleys, parking fats, 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 note.
J. "Remain" means to fail to leave premises when requested to do so by a police officer or owner, operator, or o#her person in control vfthe 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.
L. "Errand at the direction of the juvenile's parent or guardian, or other adult person having custody or
control ofthe juvenile" means a short trip in duration oftime or distance taken to perform a specified task, far
ar on behalf of a person who is the juvenile's parent or guardian, or other adult person having custody or
control of the juvenile. It shall be conclusively presumed that an errand was taken on behalf of a person why
is the juvenile's parent or guardian, or other adult person having custody or control of the juvenile, if such person who is the juvenile's parent or guardian, or other adult person
having custody or control of the
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Chapter 9. # Q CI~RFE~ HUURS FUR JUVENILES Page 2 of 4
juvenile} states that the juvenile was, at the time in question, on an errand on hislher behalf, ~Qrd, 5856
§ 1, 2004; Urd. 5682 § 1, 2002; Urd. 5541 § 1, 200 ; Urd. 5404 § 1, 2600; Urd. 5241 § 1,1999. Formerly
9.50.010.}
9.~ 0.020 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 orguardian commits an offense if he or she fails to appearto take the juvenile into custody
after contactfrom 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 chapter by a juvenile. ~Urd. 5856 § 1, 2044; Urd. 5682 § 1, 2002;
Urd. 5541 § 1, 2001; Ord. 5404 ~ 1, 2000; ord. 5241 § 1,1999. Formerly 9.50.020.}
9.0.030 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. Un 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 motorvehicle 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. Un 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
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 religious organization, a civic organization, the Boys and Girls Clubs, the
YWCA, the YMCA, King County, or other similar entity which has adult supervision forthe juvenile, ora 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 RCW 26.28.020, or has become
emancipated in accordance with RCW 13.64.0602}; 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;
B. It is a defense to this chapter that the parent or guardian is reasonably hindered to such a degree that
helshe is unable to appear and take custody of the juvenile after being requested to do so;
C. It is a defense to prosecution under ACC 9.10.020~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. ~Urd. 5856 ~ 1, 2004; Urd. 5682 § 1, 2002; Urd. 5541 § 1, 2001;
Qrd. 5404 § 1, 2000; Urd, 5241 § 1,1999. Formerly 9.50.030. }
9.0.040 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 ortake 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 underACC 9.10.030 is present. No citation shall be issued until
attempts have been made to place the juvenile minor} according to the temporary custody procedure. ~Drd.
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5856 § 1, 2004; ord. 5682 § ~ , 2002; ord. 5541 § , 2001; ord. 5404 § , 2000; Ord. 5241 § ~ , 999.
Formerly 9.50.040.}
9.~D.45D 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 `rnto custody, shall inform the juvenile of the reasons}for such
custody, and may demand that the parent or guardian appear and take custody ofthe 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;
G. In the event that subsections A and B of this section are not appropriate under the circumstances, the
officer may deliver the juvenile minor} to the following,
1. The juvenile will betaken to an appropriate social service agency with whom the city has contracted
for such services or tv an appropriate facility of the Department of Social and Health Services until the parent
appears to take responsibility for the juvenile; or
2. 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 andlvr placement services. ~~rd. 5856
§ ~ , 2004; ord. 5682 § ~ , 2002; ord. 554 ~ § 1, 2001; Ord. 5404 § , 2000; ord. 5241 § ~ , ~ 999. Formerly
9.50.050.}
9.~ D.D6D Violations.
A. A violation of any of the provisions of this chapter 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 Chapter 13.04 RCW, 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 RCW43.63.060for
traff c infractions.
B. All proceedings for responding to a notice of infraction under this chapter 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 Chapter 46.63 RCVII, If any person issued a notice of infrac#ion fails to respond as required, orfails to appear at a hearing requested
by himlher, 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 $50.00.
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 forfailure to respond to a notice of infraction. G. All monetary penalties imposed pursuant to this chapter 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 chapter shall be civil in nature. ~Urd. 5855 § 1, 2004; Ord. 5682 § 1, 2ao2;
ord. 5541 § 1, 200 ~ ; ord. 5404 § 1, 2000; ord. 5241 § 1,1999. Formerly 9.50.060. }
9.~D.D70 Third party liability. It is expressly the purpose of this chapter 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 chapter.
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