HomeMy WebLinkAbout5241] ORDINANCE NO. 5 2 4 1
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3
WASHINGTON, ADOPTING A JUVENILE CURFEW AND PARENTAL
4 RESPONSIBILITY ORDINANCE, REESTABLISHING CHAPTER 9.50 OF THE
AUBURN CITY CODE, ESTABLISHING FINDINGS OF FACT, AND SETTING
5 FORTH PENALTIES FOR VIOLATORS.
6
WHEREAS, violence, including juvenile violence, in our community causes
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8 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
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minors, and has a vested interest in preserving and nurturing this valuable investment;
]O
and
]1
WHEREAS, persons under the age of 18 are susceptible to participate in
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unlawful activities and to be victims of older perpetrators of crime by their lack of
14 maturity, experience and vulnerability; and
15 WHEREAS, the physical and psychological well being of our minors is
threatened by the increasing influence of criminal activities; and
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17 WHEREAS, minors in public places during late night and early morning hours
are particularly susceptible to being victimized and abused; and
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19 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;
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and
2]
22 WHEREAS, the City believes that parental responsibility and supervision must
23 be encouraged and promoted; and
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May 20, 1999
26 Page 1
CITY ATTORNEY
City of Auburn
25 W. Main
Auburn, WA 98001
(253) 931-3030
(253) 804-3108
]
WHEREAS, the City finds that reasonable regulations on the hours which
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juveniles under the age of 18 years may be in or upon public streets, parks or other
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public places will protect the juveniles of this municipality and reinforce parental
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responsibility and authority; and
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WHEREAS, the Washington State Institute for Public Policy was directed by the
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1994 and 1995 Legislature to study juvenile violence and other at-risk behaviors of
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youth. As part of the Institute's research efforts in this area, a survey and review was
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conducted of the cities in Washington with juvenile curfew ordinances. As of February
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1996, 27 cities had curfew or parental responsibility ordinances representing about ten
1o
percent of Washington's total population. Almost half of the cities with curfews
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reported that their ordinance had an impact on juvenile crime. Some cities observed a
[2
reduction in the incidents of malicious mischief, disorderly conduct, auto prowls, and
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vandalism as well as more parent involvement.
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WHEREAS, the Auburn City Council has held a Special Meeting on October 8,
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1996, a Council Workshop on June 2, 1997 on a juvenile curfew ordinance, a public
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hearing on a juvenile curfew ordinance on September 2, 1997 and considered the
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ordinance for approval at its October 6, 1997 council meeting and received at those
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public forums letters, comments and testimony from members of the public and the
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Auburn Police Department, concerning the need to have effective tools to make
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contact with a juvenile out on the street late at night, to protect minors from the
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dangers that exist in public places during the late night and early morning hours and to
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protect Auburn citizens during late night and early morning hours; and
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25 Ordinance No. 5241
May 20, 1999
26 Page 2
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WHEREAS, for the purpose of preserving public safety the City is establishing
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times and conditions under which juveniles may be present on the public streets, in
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the public parks and in other public places during the late night and early morning
hours; and
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WHEREAS, the darkness of late night and early morning hours makes it more
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difficult for law enforcement officers to prevent and solve certain types of crimes
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involving juveniles, i.e., graffiti, malicious mischief, vehicle prowl and crimes of
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violence; and
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WHEREAS, State-wide, in the Washington Association of Sheriffs and Police
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Chiefs "Crime in Washington Reports" for 1995 and 1996, the number of juvenile
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murder victims (not including victims of child abuse) reported was 38 in 1993, 32 in
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1994 and 33 in 1995 and 13 in 1996; and
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WHEREAS, larger neighboring urban centers, such as Tacoma, will reflect
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statistical patterns of juvenile criminal behavior before it is apparent in smaller
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municipalities because of the size of the population; and
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WHEREAS, it has been found that in the past, future trends first appear in
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larger populated municipalities, and subsequently appear in smaller municipalities;
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and
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WHEREAS, one such trend first appearing in Tacoma, then later appearing in
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Auburn, was gang related activities such as gang graffiti and gang related assaults;
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and
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25 Ord'inance No, 5241
May 20, 1999
26 Page 3
WHEREAS, the City of Tacoma passed a juvenile curfew and parental
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responsibility ordinance effective January 1, 1995 which has been extended by the
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Tacoma City Council each year thereafter and is presently in effect; and
WHEREAS, the City of Tukwila enacted a juvenile curfew September 16, 1996
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and extended the juvenile curfew ordinance with certain modifications to September 2,
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1998 finding a reduction of 12% in juvenile arrests and a reduction of 23% in juvenile
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victims; and
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WHEREAS, in 1995 in the City of Auburn, there were 612 juvenile arrests,
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which included 2 rapes, 8 robberies, 4-1st degree assaults, 18-2nd degree assaults,
]0
35 burglaries, 5 intimidation of witnesses, 11 drug offenses and 84 other cases of
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felony juvenile arrests; and
12
WHEREAS, in 1996 in the City of Auburn, there were 551 juvenile arrests
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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,
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and 50 other cases of felony juvenile arrests; and
16
WHEREAS, in 1997 in the City of Auburn, there were 627 juvenile arrests,
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which included 0 rapes, I indecent liberties, 6 robberies, 11st degree assault, 8 2nd
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degree assaults, 5 burglaries, 12 residential burglaries, 0 intimidation of witnesses, 15
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misdemeanor drug offenses, 1 felony drug offense and 74 other cases of felony
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juvenile arrests; and
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WHEREAS, from January through July 1998 in the City of Auburn, there were
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506 juvenile arrests, which included 2 rapes, I sexual exploitation, 10 robberies, 0 1st
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degree assaults, 9 2nd degree assaults, 9 burglaries, 14 residential burglaries, 1
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Nay 20,
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intimidation of witnesses, 26 misdemeanor drug offenses, 2 felony drug offenses and
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52 other cases of felony juvenile arrests; and
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WHEREAS, from 1997 to the first seven months of 1998 there was an increase
in the number of violent crimes committed by juveniles from I in 1997 to 8 in 1998
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during the hours of midnight to six o'clock a.m.; and
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WHEREAS, in Auburn in 1995 92% of all juveniles arrested were of those aged
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13 through 17 years of age at the time of the incident for which they were arrested; in
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1996 87% of all juveniles arrested were of those aged 13 through 17 years of age at
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the time of the incident for which they were arrested in 1997; and
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WHEREAS, in Auburn in 1995 8% of those juveniles arrested were 12 years of
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age and under at the time of the incident for which they were arrested, 17% were 13
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years old, 17% were 14 years old, 22% were 15 years old, 18% were 16 years old and
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18% were 17 years old; and
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WHEREAS, in Auburn during 1996 13% of those juveniles arrested were 12
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years of age and under at the time of the incident for which they were arrested, 11%
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were 13 years old, 16% were 14 years old, 19% were 15 years old, 24% were 16
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years old and 18% were 17 years old; and
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WHEREAS, in Auburn during 1997 12% of those juveniles arrested were 12
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years of age and under at the time of the incident for which they were arrested, 12%
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were 13 years old, 17% were 14 years old, 16% were 15 years old, 40 were 16 years
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old and 23% were 17 years old; and
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WHEREAS, from January through July 1998 in Auburn 86% of all juveniles
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arrested were of those aged 13 through 17 years of age at the time of the incident for
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25 Ordinance No. 5241
May 20, 1999
26 Page 5
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which they were arrested; in 1997 88% of all juveniles arrested were of those aged 13
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through 17 years of age at the time of the incident for which they were arrested in
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1997; and
4
WHEREAS, from January through July 1998 in Auburn 13% of those juveniles
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arrested were 12 years of age and under at the time of the incident for which they
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were arrested, 12% were 13 years old, 14% were 14 years old, 19% were 15 years
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old, 22% were 16 years old and 19% were 17 years old; and
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WHEREAS, criminal activity by juveniles within the City of Auburn is a great
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concern of Auburn citizens; and
10
WHEREAS 612 juveniles were arrested in 1995, with approximately 21% of
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those crimes occurring between midnight and 6:00 a.m.; and
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WHEREAS 553 juveniles were arrested in 1996, with approximately 13% of
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those crimes occurring between midnight and 6:00 a.m.; and
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WHEREAS 627 juveniles were arrested in 1997, with approximately 11% of
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those crimes occurring between midnight and 6:00 a.m.; and
]6
WHEREAS from January through July 1998, 506 juveniles were arrested with
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approximately 13% of those crimes occurring between midnight and 6:00 a.m.; and
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WHEREAS, a juvenile curfew would facilitate law enforcement during the hours
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of highest calls for service for serious criminal activity; and
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WHEREAS due to the cumbersome nature of current juvenile charging
procedures and King County's extensive juvenile caseload, it may take up to eight
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weeks for a juvenile to be charged with a crime; and
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25 Ordinance No, 5241
May 20, 1999
26 Page 6
WHEREAS, the current juvenile justice system is unable to make juveniles
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immediately accountable for their criminal acts; and
3
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
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aura of fear created for and by juveniles in the City, and provide immediate
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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,
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whether as perpetrators or as victims; and
:[0
WHEREAS, the activity the City of Auburn seeks to impact occurs between the
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hours of midnight and six o'clock a.m. each day of the week; and
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WHEREAS, the curfew hours of midnight to six o'clock a.m. each day of the
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week; will reduce the presence of juveniles on the streets during those hours; thus,
]4
reducing the number of juvenile arrests and juvenile victims; and
]5
WHEREAS, the United States Supreme Court has denied review of decisions
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by the United States Courts of Appeals for the Fifth and Fourth Circuits upholding the
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constitutionality of juvenile curfew ordinances and providing guidelines and
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suggestions for enacting curfew ordinances in Qutb v. Strauss, 11 F.3d 488 (5~h Cir.
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1993) and Schleifer v. City of Charlottesville, 4th Circuit Court of Appeals, No. 97-1723
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(October 1998). In Nunez v. City of San Diego, 114 F.3d 935 (9th Cir. 1997) struck
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down San Diego's 1947 curfew ordinance; and
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WHEREAS, beginning July 1, 1994, Section 502 of Chapter 7, Laws of 1994
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First Extraordinary Section and Chapter 35.21 RCW authorizes cities to enact a
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juvenile curfew ordinance; and
WHEREAS, the City of Auburn has an independent interest in providing for the
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well being of its youth and seeks to assist those whose primary responsibility is for the
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well being of juveniles, and to reduce the incidence of juvenile criminal activities and
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victimization; and
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WHEREAS, a curfew for those under the age of 18 will be in the interest of the
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public health, safety, and general welfare and will help to attain the foregoing
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objectives and to diminish the undesirable impact of such conduct on both the juvenile
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and adult citizens of the City of Auburn; and
]2
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
].4
other public places will protect the juveniles of this municipality, and reinforce parental
]5
responsibility and authority; and
]6
WHEREAS, the Washington State Court of Appeals, Division I, in its decision
on the constitutionality of Bellingham's minor curfew ordinance in Washington v. J.D.
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86 Wn. App. 501 (1997), cert. granted, 134 Wn.2d 1006 (February 9, 1998), reversed
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on motion for reconsideration July 10, 1998, 1998 (WL 438663, I (Wash)) provided
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guidance for cities when drafting valid curfew ordinances; and,
2]
WHEREAS, there is a clear evidentiary nexus between Ordinance purpose to
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reduce juvenile crime and juvenile victimization and the restrictions it imposes; and
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25 Ordinance No. 5241
May 20, 1999
26 Page 8
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WHEREAS, based on the direction provided by the cases cited herein, and the
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facts and information presented to the Auburn City Council, it desires to enact this
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juvenile curfew and parental responsibility ordinance in the City of Auburn;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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WASHINGTON, DO ORDAIN AS FOLLOWS:
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Section I. Present Auburn City Code Chapter 9.50 is repealed as a result of
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the sunsetting provision effective October 5,1997 in Ordinance 4881 is hereby
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reinstailed and entitled "Curfew Hours for Juveniles," consisting of eight sections
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numbered 9.50.010 through 9.50.080 and reading as follows:
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9.50.010 Definitions.
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A. "Curfew Hours" means between midnight and six o'clock a.m. each day
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of the week.
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B. "Emergency" means an unforeseen combination of circumstances or the
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resulting state that calls for immediate action. The term includes, but is not limited to,
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a fire, a natural disaster, an automobile accident or any situation requiring immediate
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action to prevent serious bodily injury or loss of life.
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C. "Establishment" means any privately-owned place of business operated
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for a profit to which the public is invited, including, but not limited to, any place of
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amusement or entertainment.
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D. "Extended Family Members" means grandparent, brother, sister,
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stepbrother, stepsister, uncle, aunt, or first cousin who is not a minor and with whom
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the juvenile (minor child) has a relationship and is comfortable with and who is willing
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and available to care for the juvenile.
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25 Ordinance No. 5241
May 20, 1999
26 Page 9
E. "Guardian" means:
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1. a person who, under court order, is the guardian of the person of
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a juvenile (minor), or
2. a public or private agency with whom a juvenile (minor) has been
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placed by a court, or
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3. a person at least 18 years of age who is authorized by a parent or
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legal guardian to have the care and custody of a juvenile (minor).
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F. "Juvenile" means any unemancipated person (minor) under the age of
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18 years.
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G. "Operator" means any individual, firm, association, partnership, or
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corporation operating, managing, or conducting any establishment open during curfew
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hours. The term includes the members or partners of an association or partnership
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and the officers of a corporation.
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H. "Parent" means a person who is a natural parent, adoptive parent, foster
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parent, or step-parent of another person.
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I. "Public Place" means any place to which the public, or a substantial
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group of the public, has access, and includes, but is not limited to, streets, highways,
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and the common areas of schools, hospitals, apartment houses, sidewalks, alleys,
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parking lots, buildings open to the general public, including those which serve food or
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drink or provide entertainment, and the doorways and entrances to such buildings and
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the grounds enclosing them, transport facilities, shops and automobiles (whether
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moving or not).
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26 Pacj'e 10
J. "Remain" means to: (1) linger or stay, or (2) to fail to leave premises
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when requested to do so by a police officer or owner, operator, or other person in
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control of the premises.
K. "Serious bodily injury" means bodily injury that creates a substantial risk
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of death or that causes death, serious permanent disfigurement or protracted loss or
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impairment of the function of any bodily member or organ.
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9.50.020 Offenses.
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A. A juvenile commits an offense if he or she remains in any public place or
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on the premises of any establishment within the City during curfew hours.
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B. A parent or guardian of a juvenile (minor) commits an offense if he or
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she knowingly permits, or, by insufficient lawful control, allows the juvenile to remain in
]2
any public place or on the premises of any establishment within the curfew hours.
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C. A parent or guardian commits an offense if he or she fails to appear to
14
take the juvenile into custody after contact from an Auburn Police Officer, pursuant to
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the Temporary Custody Procedure.
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D. A person or operator, as defined herein, commits an offense if that
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person or operator encourages, or affirmatively facilitates a violation of this ordinance
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by a juvenile.
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9,S0.030 Defenses.
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A. It is a defense that the juvenile was:
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1. accompanied by the juvenile's parent, legal guardian or other
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responsible person who is 18 years of age or older and approved by the
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juvenile's parent, guardian, custodian or other adult person having custody or
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control of the juvenile to accompany said juvenile; or
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2. on an errand at the direction of the juvenile's parent or guardian,
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or other adult person having custody or control of the juvenile without any
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unnecessary detour or stop, or
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3. in a motor vehicle involved in interstate travel with the consent of
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a parent, guardian, custodial or other adult person having custody or control of
8
the juvenile through the State of Washington; or
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4. engaged in a legal employment activity, or going to or returning
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home from a legal employment activity without any unnecessary detour or stop;
]1
this exception shall also apply if the juvenile is in a public place or
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establishment during curfew hours in the course of his or her employment, or
13
5. involved in an emergency, or
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6. on the sidewalk abutting the juvenile's residence or abutting the
]5
residence of a next-door neighbor, if the neighbor did not complain to the police
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department about the juvenile's presence, or
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7. attending, going to, or returning home, without any detour or
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unnecessary stop, from an official school, religious, or other activity supervised
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by adults or sponsored by the following, including but not limited to: the City of
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Auburn, a school, a religious organization, a civic organization, the Boys and
2]
Girls Clubs, the YVVCA, the YMCA, King County, or other similar entity which
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has adult supervision for the juvenile, or a place of public entertainment, such
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as a movie, play or sporting event, or
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25 Ordinance No. 5241
May 20, 1999
26 Page 12
8. exercising First Amendment rights protected by the United States
2
Constitution, such as the free exercise of religion, freedom of speech, and the
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right of assembly, or
9. married and, thus, has achieved the age of majority pursuant to
5
the Revised Code of Washington (RCVV) 26.28.020, or has become
6
emancipated in accordance with RCW 13.64.060(2), or
7
10. engaged in lawful commercial activity which is commenced prior
8
to curfew hours and the juvenile proceeds directly home, without any detour or
9
unnecessary stop, upon termination of the commercial activity, or
]0
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
]2
juvenile after being requested to do so.
I3
C. It is a defense to prosecution under Section 9.50.020(D) that a person or
]4
operator of an establishment promptly notified the police department that a juvenile
]5
was present on the premises of the establishment during curfew hours and refused to
]6
leave.
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9.50.040 Enforcement.
]8
Before taking any enforcement action under this section, a police officer shall
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ask the apparent offender's age and reason for being in the public place. The officer
2o
shall not issue a citation or take further action under this section unless the officer
2]
reasonably believes an offense has occurred, and that, based on any response and
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other circumstances, no defense under Section 9.50.030 is present. No citation shall
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25 Ordinance No. 5241
May 20, 1999
26 Page 13
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be issued until attempts have been made to place the juvenile (minor) according to the
Temporary Custody Procedure.
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9.50.050 Temporary Custody Procedure.
A police officer who reasonably believes that a juvenile is violating any of the
5
provisions as described herein shall have authority to take the juvenile into custody,
6
shall inform the juvenile of the reason(s) for such custody, and may demand that the
7
parent or guardian appear and take custody of the juvenile (minor).
8
Should the parent not appear, or should the officer otherwise deem
9
appropriate, the officer shall deliver, or arrange to deliver the juvenile, as follows:
10
A. To juvenile's parent, guardian, custodian, or other adult person having
11
custody or control of such juvenile. The officer releasing a juvenile into the custody of
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an adult person having custody or control shall inform the adult of the reason(s) for the
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taking of the juvenile (minor) into custody, or
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B. The officer may take the juvenile to the home of an adult extended family
15
member after attempting to notify the parent, guardian, or custodian.
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In the event that A and B are not appropriate under the circumstances, the
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officer may deliver the juvenile (minor) to the following:
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C. The juvenile will be taken to an appropriate social service agency with
19
whom the City has contracted for such services or to an appropriate facility of the
20
Department of Social and Health Services until the parent appears to take
21
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
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appropriate social service agency with whom the City has contracted for such services
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25 Ordinance No. 5241
May 20, 1999
26 Page 14
or to an appropriate facility of the Department of Social and Health Services for
2
consideration of further intervention and/or placement services.
3
9.50.060 Violations.
A. A violation of any of the provisions of this ordinance is designated a civil
5
infraction, to be heard and determined by the Auburn Municipal Court except when
6
jurisdiction lies with the Juvenile Court pursuant to RCW 13.04, The Basic Juvenile
7
Court Act.
8
1. A police officer has the authority to issue a notice of infraction
9
when the infraction is committed in the officer's presence.
10
2. The notice of infraction shall be in substantially the same form as
11
prescribed by RCW 43.63.060 for traffic infractions.
12
B. All proceedings for responding to a notice of infraction under this
13
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
15
infractions set forth in RCW Chapter 46.63. If any person issued a notice of infraction
16
fails to respond as required, or fails to appear at a hearing requested by him/her, the
17
Court shall enter an appropriate determination assessing the penalty prescribed for
18
the curfew infraction.
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C. A person found to have committed an infraction shall be assessed a
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monetary penalty of not more than $100.00 for a first offense.
21
D. The maximum penalty for each subsequent offense is $250.00.
22
E. In all cases in which the court determines that an infraction has been
23
committed, court costs shall be assessed in addition to any monetary penalty.
9.5 Ordinance I~'o. 5241
May 20, ],999
26 1Dacje 15
F. There shall be an additional penalty of $100.00 for failure to respond to a
2
notice of infraction.
3
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
5
that time, the court may, in its discretion, grant an extension of time or allow payment
6
in installments. In lieu of payment for all or part of the monetary penalty, the court
?
may provide for the performance of community service.
8
H. All proceedings under this ordinance shall be civil in nature.
9
9.50.070 Third Party Liability.
10
It is expressly the purpose of this ordinance to provide for and promote the
11
health, safety, and welfare of the general public and not to create or otherwise
]2
establish or designate any particular class or group of persons who will or should be
13
especially protected or bene~ted by the terms of this ordinance.
14
It is the specific intent of this ordinance that no provision or term used in this
15
ordinance is intended to impose any duty whatsoever upon the City of Auburn or any
16
of its officers or employees, for whom the implementation and enforcement of this
17
ordinance shall be discretionary and not mandatory.
18
Nothing contained in this ordinance is intended nor shall be construed to create
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or form the basis of any liability on the part of the City, or its officers, employees or
20
agents, for any injury or damage resulting from any action or inaction on the part of
2]
the City related in any manner to the enforcement of this ordinance by its officers,
22
employees, or agents.
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9.50.080 Evaluation.
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25 Ord'inance No. 5241
May 20, 1999
28 Page 16
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A. This ordinance and the need for it shall be reviewed annually. By June
2
20, 2000, and each year thereafter that it is in effect, the Mayor shall review this
3
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,
5
but not be limited to, the following information:
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1. The practicality of enforcing the ordinance and any problems with
7
enforcement identified by the Auburn Police Department.
8
2. The impact of the ordinance and support programs on juvenile
9
crime and juvenile victimization statistics and the public perception of juvenile
10
crime and victimization.
11
3. Number of juveniles taken into custody for curfew violations.
12
4. Number of official citizen complaints filed regarding the
13
enforcement of this ordinance.
14
Section 2. Severability. The provisions of this ordinance are declared to be
15
separate and severable. The invalidity of any clause, sentence, paragraph,
16
subdivision, section or portion of this ordinance, or the invalidity of the application
17
thereof to any person or circumstance shall not affect the validity of the remainder of
18
this ordinance, or the validity of its application to other persons or circumstances. The
19
City Council of the City of Auburn hereby declares that it would have adopted this
20 ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
21 irrespective of the fact that any one or more sections, subsections, sentences,
22 clauses, phrases, or portions be declared invalid or unconstitutional.
23
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26 Pacj'e 17
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Section 3. The Mayor is hereby authorized to implement such administrative
2
procedures as may be necessary to carry out the directives of this legislation.
3
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
5
June 20, 2000, unless, prior to that date, the City Council, by resolution extends this
6
ordinance to a date certain.
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8
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INTRODUCED: ,.Tune 7, 1999
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PASSED: .Tu_qe 7, 1999
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APPROVED: ~Tu~e 7, 1999
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]7 CHARLES A. BOOTH
]8 MAYOR
]9
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2]
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~..,.~ Orc].inance ~To.
Na~/' 20,
21~ PacJ'e :].8
] ATTEST:
2
Dam Daskam
5 City Clerk
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8 APPROVED AS TO FORM:
9
1]
Michael J. Reynolds,
]2
City Attorney
:1.3
]4
15 Published:/~' J,ff' Y ~2
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2]
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25 ord-lnance :No. 524:1.
May 20, 1999
26 Page 19
C|T¥ ATTORNEY
City of Auburn
25 W. Main
Auburm WA 98001
(253) 931-3030
(253) 804-31011