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ORDINANCE NO.5 8 5 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
CHAPTER 9.10 OF THE AUBURN CITY CODE
RELATING TO CURFEW HOURS FOR JUVENILES
WHEREAS, on May 29, 2001, based on the direction provided by the
cases cited herein, and the facts and information presented to the Auburn City
Council, it is desired to extend for three years the juvenile curfew and parental
responsibility ordinance approved by the Auburn City Council on June 5, 2000;
and,
WHEREAS, the calendar years, 2001, 2002 and 2003 encompass the
extension of the juvenile curfew through June 22,2004; and,
WHEREAS, from January through December 2001 in the City of Auburn
there were 543 juvenile arrests, which included 1 first degree assault, 12 second
degree assaults, 8 burglary, 7 residential burglaries, 1 child molestation, 1 rape,
1 homicide, 25 misdemeanor drug offenses and 20 felony drug offenses and 83
other cases of felony juvenile arrests; and,
WHEREAS, from January through December 2002 in the City of Auburn
there were 673 juvenile arrests, which included 0 first degree assaults, 16
second degree assaults, 0 burglaries, 33 residential burglaries, 0 child
molestations, 5 incidents of Rape of a Child, 1 Arson, 36 misdemeanor drug
offenses and 26 felony drug offenses and 104 other cases of felony juvenile
arrests; and,
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Ordinance No. 5856
June 14, 2004
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WHEREAS, from January through December 2003 in the City of Auburn
there were 683 juvenile arrests, which included 0 first degree assaults, 15
second degree assaults, 22 burglary, 17 residential burglaries, 0 child
molestations, 4 incidents of Rape of a Child, 6 Arsons, 23 misdemeanor drug
offenses and 42 felony drug offenses and 94 other cases of felony juvenile
arrests; and,
WHEREAS, for the calendar year 2001 in the City of Auburn there were
36 violent felonies, 9 of which occurred during the city's curfew hours; and for the
calendar year 2002 there were 73 violent felonies, 1 of which occurred during the
city's curfew hours; and for the calendar year 2003 there were 100 violent
felonies, 15 of which occurred during curfew hours; and,
WHEREAS, for the calendar year 2001 there was an increase in the
number of violent crimes committed by juveniles from 6 in 2000 to 9 for year
2001 during the hours of midnight and six o'clock; and,
WHEREAS, for the calendar year 2002 there was a decrease in the
number of violent crimes committed by juveniles from 9 in 2001 to 1 for year
2002 during the hours of midnight and six o'clock; and,
WHEREAS, for the calendar year 2002 there was a marked increase in
the number of violent crimes committed by juveniles from 1 in 2002 to 15 for year
2003 during the hours of midnight and six o'clock; and,
WHEREAS, in Auburn, in 2001 91 % 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 2002, 94% of all juveniles arrested were those aged 13 through 17
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Ordinance No. 5856
June 14, 2004
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years of age at the time of the incident for which they were arrested in 2002; in
2003 91 % of all juveniles arrested were those aged 13 through 17 years of age;
and,
WHEREAS, for the calendar year 2001, 9% of those juveniles arrested
were 12 years of age and under at the time of the incident for which they were
arrested, 13% were 13 years old, 15% were 14 years old, and 25% were 15
years old, 28% were 16 years old, and 10% were 17 years old; and,
WHEREAS, for the calendar year 2002, 6% 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, 19% were 14 years old, and 24% were 15 years
old, 25% were 16 years old, and 18% were 17 years old; and,
WHEREAS, for the calendar year 2003, 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, 17% were 14 years old, 22% were 15 years
old, 26% were 16 years old, and 13% were 17 years old; and,
WHEREAS, criminal activity by juveniles within the City of Auburn is a
great concern of Auburn citizens; and,
WHEREAS, 543 juveniles were arrested in 2001, with approximately 15%
of those crimes occurring between midnight and 6:00 a.m.; and,
WHEREAS, 673 juveniles were arrested in 2002, with approximately 7%
of those crimes occurring between midnight and 6:00 a.m.; and,
WHEREAS, 683 juveniles were arrested in 2003, with approximately 9%
of those crimes occurring between midnight and 6:00 a.m.; and,
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Ordinance No. 5856
June 14, 2004
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WHEREAS, a juvenile curfew would facilitate law enforcement during the
hours of highest calls for service for serious criminal activity; and,
WHEREAS, the statistics indicate there is an increase of violent crimes,
assaults, robbery using a gun and felony drug use among juveniles within the
community; and,
WHEREAS, the types of crimes committed by juveniles is an indicator that
the City should look towards researching grant opportunities, to determine if
funding exists to establish a partnering relationship with the school district and
existing community organizations to assist in public outreach and education
programming goals for those juveniles who are at risk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment to City Code Chapter. That Chapter 9.10 of
the Auburn City Code is amended to read as follows:
Sections:
9.10.010
9.10.020
9.10.030
9.10.040
9.10.050
9.10.060
9.10.070
9.10.080
Chapter 9.10
CURFEW HOURS FOR JUVENILES
Definitions.
Offenses.
Defenses.
Enforcement.
Temporary custody procedure.
Violations.
Third party liability.
Evaluation.
9.10.010 Definitions.
A. "Curfew hours" means between midnight and 6:00 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
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Ordinance No. 5856
June 14, 2004
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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.
H. "Parent" means a person who is a natural parent, adoptive parent,
foster parent, or stepparent 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
~ f:a.H-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.
L. "Errand at the direction of the juvenile's parent or Quardian, or other
adult person havinQ custody or control of the juvenile" means a short trip in
duration of time or distance taken to perform a specified task, for or on behalf of
a person who is the juvenile's parent or Quardian, or other adult person havinQ
custody or control of the juvenile. It shall be conclusively presumed that an
errand was taken on behalf of a person who is the juvenile's parent or Quardian,
or other adult person havinQ custody or control of the juvenile, if such person
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Ordinance No. 5856
June 14, 2004
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(who is the juvenile's parent or Quardian, or other adult person havinQ custody or
control of the juvenile) states that the juvenile was, at the time in Question, on an
errand on his/her behalf.
(Ord. 5682 § 1, 2002; Ord. 5541 § 1, 2001; Ord. 5404 § 1, 2000; Ord.
5241 § 1,1999. Formerly 9.50.010.)
9.10.020 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
chapter by a juvenile. (Ord. 5682 § 1, 2002; Ord. 5541 § 1, 2001; Ord. 5404 § 1,
2000; Ord. 5241 § 1,1999. Formerly 9.50.020.)
9.10.030 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 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 religious organization, a civic organization, the Boys and
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Ordinance No. 5856
June 14, 2004
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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
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;
B. It is a defense to this chapter 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 ACC 9.1 0.020(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. (Ord. 5682 § 1, 2002; Ord. 5541 § 1, 2001; Ord. 5404 § 1,
2000; Ord. 5241 § 1,1999. Formerly 9.50.030.)
9.10.040 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 ACC 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. (Ord. 5682 § 1,
2002; Ord. 5541 § 1, 2001; Ord. 5404 § 1, 2000; Ord. 5241 § 1, 1999. Formerly
9.50.040.)
9.10.050 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
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Ordinance No. 5856
June 14, 2004
Page 7
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.
C. 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 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
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 and/or placement services.
(Ord. 5682 § 1, 2002; Ord. 5541 § 1, 2001; Ord. 5404 § 1, 2000; Ord. 5241 § 1,
1999. Formerly 9.50.050.)
9.10.060 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 RCW 43.63.060 for traffic 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 RCW. 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.
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 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.
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Ordinance No. 5856
June 14, 2004
Page 8
H. All proceedings under this chapter shall be civil in nature. (Ord. 5682 §
1, 2002; Ord. 5541 § 1, 2001; Ord. 5404 § 1, 2000; Ord. 5241 § 1, 1999.
Formerly 9.50.060.)
9.10.070 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.
It is the specific intent of this chapter that no provision or term used in this
chapter 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 chapter shall be discretionary and not mandatory.
Nothing contained in this chapter 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
chapter by its officers, employees, or agents. (Ord. 5682 § 1, 2002; Ord. 5541 §
1, 2001; Ord. 5404 § 1, 2000; Ord. 5241 § 1, 1999. Formerly 9.50.070.)
9.10.080 Evaluation.
A. This chapter 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 chapter and report and make recommendations to the
city council concerning the effectiveness of and the continuing need for this
chapter. The report shall include, but not be limited to, the following information:
Ai. The practicality of enforcing the chapter and any problems with
enforcement identified by the Auburn police department.
.82.. The impact of the chapter and support programs on juvenile crime and
juvenile victimization statistics and the public perception of juvenile crime and
victimization.
G~. Number of juveniles taken into custody for curfew violations.
Q1. Number of official citizen complaints filed regarding the enforcement
of this chapter.
B. The Mayor or desiQnee shall also develop strateQies intended to
address juvenile issues related to criminal justice problems, includinQ, but not
limited to development of committees, commissions or forums, where the
participation of parents, schools and youth from the community would be invited.
(Ord. 5682 § 1, 2002; Ord. 5541 § 1, 2001; Ord. 5404 § 1, 2000; Ord. 5241 § 1,
1999. Formerly 9.50.080.)
Section 2. Constitutionalitv or Invaliditv. If any portion of this
Ordinance or its application to any person or circumstances is held invalid, the
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Ordinance No. 5856
June 14, 2004
Page 9
remainder of the Ordinance or the application of the provision to other persons or
circumstances shall not be affected.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this location.
Section 4. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after passage, approval, and publication as provided
bylaw.
INTRODUCED:
PASSED:
APPROVED:
JUN 2 1 2004
JUN 2 ] 2004
JUN 2 1 2004
~(?~
PETER B. LEWIS
MAYOR
ATTEST:
\ 'A ,¿~Qi¿!J.a~.A~'
anielle E. Daskam,
City Clerk
Daniel B. 'd;
City Attorney
PUBLISHED: Co I 2.5 f of·
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June 14, 2004
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