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HomeMy WebLinkAboutOrdinance 95-040-CCGRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 95-40 -CC RESOLUTION NUMBER 95 -40 -CC AN ORDINANCE RELATING TO PUBLIC SAFETY AND PROHIBITING MINORS FROM REMAINING IN ANY PUBLIC PLACE IN GRANT COUNTY; DEFINING THE DUTIES OF PARENTS AND GUARDIANS CHARGED WITH THE CUSTODY AND CARE OF MINORS, AND OTHER ADULTS; AND, PROVIDING PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, the County of Grant (the "County"), has received information from the Grant County Sheriff's Office, other law enforcement agencies, local business owners, school officials and the public, that juveniles who are not adequately supervised by their parents are engaged in criminal activity at certain times and within certain areas of the County, endangering themselves, the community, and the property of others; and WHEREAS, the Board of County Commissioners finds that the increasing violence in our county causes great concern for the immediate health, safety and welfare of our citizens; and WHEREAS, youth violence is increasing at an alarming rate, and young people between the ages of 13 and 17 are at the highest risk of being perpetrators and/or victims of crime and violence; and WHEREAS, present circumstances and recent events calls for immediate action on the part of the County to provide immediate accountability for those individuals who are currently able to ignore the juvenile justice system and the laws of this County and the State of Washington; and WHEREAS, the acts of violence by or against juveniles are occurring at such rates as to be beyond the capacity of law enforcement to assure public safety; and WHEREAS, in order to protect those juveniles who are not subject to adequate parental control from harm to themselves or others or the property of others and to foster better parental responsibility among the parents and guardians of juveniles found within the County, some regulation of parental control of juveniles found within the County is appropriate; and WHEREAS, the Board of County Commissioners, has determined that it is generally contrary to the well being of juveniles to be outside their residences in the late night and early morning hours unsupervised and with no specific purpose; and WHEREAS, control of parents and guardians of juveniles who are in danger of harm to themselves and others based upon certain proscribed conduct is to be accomplished to achieve better protection of the community and the juveniles; and WHEREAS, it is deemed by the Board of County Commissioners that, without immediate action, juvenile involvement in crime, whether as perpetrators or as victims, will continue to escalate at an alarming rate; and WHEREAS, it is in the best interest of the County, its citizens and its children to establish laws for the protection of juveniles and to alleviate the instances of criminal activity caused by unsupervised juveniles; and WHEREAS, the activity the County seeks to impact occurs between the hours of 11:00 pm and 6:00 am; and WHEREAS, removal of juveniles from the streets between the hours of 11:00 pm and 6: 00 am will reduce the presence of juvenile arrests and juvenile victims; and WHEREAS, it is a reasonable exercise of the police power of the County to make parents or others charged with the custody or care of juveniles within the County responsible for the whereabouts of their minor charges during late night and early morning hours; and WHEREAS, the United States Supreme Court has denied review of the United States Court of Appeals for the Fifth Circuit's decision, which upheld the constitutionality of a juvenile curfew ordinance and provided guidelines and suggestions for enacting curfew ordinances in OUTB v. Strauss; and WHEREAS, it is the intent of this ordinance to impose control upon parents and or guardians of juveniles who are present at certain times and certain places within the County to protect those juveniles and the community, Now, Therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, STATE OF WASHINGTON, as follows: Section 1. Chapter 6.28 of the County of Grant Code is hereby enacted as a new chapter, to read as follows: SECTIONS: 6.28.010 - DECLARATION OF POLICY 6.28.020 - DEFINITIONS 6.28.030 - JUVENILE CURFEW 6.28.040 - PARENTAL/ADULT RESPONSIBILITY 6.28.050 - AUTHORITY TO ENFORCE 6.28.060 - TEMPORARY CUSTODY PROCEDURE 6.28.070 - VIOLATIONS CITATION PROCEDURE 6.28.080 - PENALTIES 6.28.090 - THIRD PARTY LIABILITY 6.28.100 - CHAPTER SUPPLEMENTARY 6.28.110 - SEVERABILITY 6.28.010 - DECLARATION OF POLICY: It is hereby declared to be the policy of Grant County and in the public interest, and for the protection of the public health, safety, welfare and property of the residents of Grant County to minimize exposure of citizens to the potential threat of inadequately supervised juveniles and regulate same, pursuant to its police powers. 6.28.020 - DEFINITIONS: For the purpose of this chapter, the following words and phases used herein shall have the designated meaning unless a different meaning is expressly provided: (a) "Allow" shall include those situations where the parent has failed to monitor or account for the child's location between the hours of 11:00 p.m. to 6:00 a. m. on school nights and between 12: 00 a. m. and 6: 00 a. m. on other nights. (b) "Curfew hours" means: (1) 11: 00 p. m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and (2) 12: 01 a. m. until 6: 00 a. m. on any Saturday or Sunday. (c) "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, and automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. (d) "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. (e) "Extended Family Members" means grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin who is not a minor and with whom the minor (child) has relationship and is comfortable with and who is willing and available to care for the minor (child) . (f) "Guardian" means any person other than a parent who has legal guardianship of a juvenile. (g) "Juvenile" means any unemancipated person under the age of 18 years. 3 (h) "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. (i) "Parent" means the natural parent, adopted parent, step-parent, guardian or other adult person having the legal care, custody or control of a juvenile. (j) "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, office buildings, transportation facilities, malls, and shops. (k) "Remain" means to: 1. linger or stay; or 2. fail to leave the premises when requested to do so by a law enforcement officer or the owner, operator, or other person in control of the premises. (1) "Returning home" shall mean traveling, walking, biking, or otherwise moving from the point of departure to a child's home or the residence of the person having the care, custody, or control of said child for that evening. Said movement shall be directly from the point of departure tot he destination to be accomplished within a reasonable period of time. (m) "School nights" shall mean any night or early morning hours immediately preceding a regular school day as scheduled by school districts. (n) "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. 6.28.030 - JUVENILE CURFEW: (a) It shall be unlawful for any juvenile to remain in any public place or establishment within the County during curfew hours. (b) It shall be a complete defense to a prosecution under subsection (a) that the juvenile was: (1) accompanied by the juvenile's parents or guardian or any other person over the age of eighteen years who has been given custody or control of the juvenile by said juvenile's parent or guardian; or 4 (2) on an errand at the direction of the juvenile's parent or guardian or any other person over the age of eighteen years who has been given custody or control of the juvenile by said juvenile's parent or guardian without any detour or stop from the original destination, taking the most direct route; or (3) in a motor vehicle involved in interstate travel; or (4) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop, taking the most direct route; or (5) involved in an emergency; or (6) on the sidewalk abutting the juvenile's residence or abutting any residence of which the juvenile is a guest, if the owner or lawful tenant of said residence does not complain to the sheriff's office about the juvenile's presence; or (7) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the County of Grant, a civic organization, a school district, or another similar entity that takes responsibility for the juvenile, or going to or returning home from, without any detour or stop, taking the most direct route, an official school, religious, or other recreational activity supervised by adults and sponsored by the County of Grant, a civic organization, a school district, or another similar entity that takes responsibility for the juvenile; or (8) attending or returning home from, without any detour or stop, taking the most direct route, any theater, movie house or sporting event; provided, however, that the juvenile shall have in his possession and present to a police officer upon request the ticket or ticket stubs from the theater, movie house, or sporting event; or (9) 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 (10) married and thus has achieved the age of majority pursuant to RCW 26.28.020, or has become emancipated in accordance with RCW 13.64.060(2); or (11) engaged in lawful commercial activity which is commenced prior to curfew hours and the juvenile proceeds directly home upon termination of the commercial activity. 5 6.28.040 - PARENTAL/ADULT RESPONSIBILITY: (a) It shall be unlawful for the parent, guardian, or other adult person having custody or control of any juvenile to permit or knowingly permit, or, by insufficient control, allows such juvenile to remain in any public place or on the premises of any establishment within the County during curfew hours. (b) It shall be unlawful for the parent, guardian, or other adult person having custody or control of any juvenile to fail to appear to take the juvenile into custody after contact from a law enforcement officer, pursuant to the Temporary Custody Procedure, as set forth in Sections 6.28.060. (c) It shall be unlawful for a person or operator, as defined herein, to encourage, or affirmatively facilitates a violation of this ordinance by a juvenile. (d) It shall be a complete defense to a prosecution under Subsection (b) that the parent or guardian is reasonably hindered to such a degree that he/she is unable to appear and take custody of the minor after being requested to do so. (e) It shall be a complete defense to a prosecution under Subsection (a) that the juvenile was: (1) accompanied by the juvenile's parents, guardian or any other person over the age of eighteen years who has been given custody or control of the juvenile by said juvenile's parent or guardian; or (2) on an errand at the direction of the juvenile's parent or guardian or any other person over the age of eighteen years who has been given custody or control of the juvenile by said juvenile's parent or guardian without any detour or stop, taking the most direct route; or (3) in a motor vehicle involved in interstate travel; or (4) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop, taking the most direct route; or (5) involved in an emergency; or (6) on the sidewalk abutting the juvenile's residence or abutting any residence of which the juvenile is a guest, if the owner or lawful tenant of said residence does not complain to the sheriff's department about the juvenile's presence; or 0 (7) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the County of Grant, a civic organization, a school district, or another similar entity that takes responsibility for the juvenile, or going to or returning home from, without any detours or stop, taking the most direct route, an official school, religious, or other recreational activity supervised by adults and sponsored by the County of Grant, a civil organization, a school district, or another similar entity that takes responsibility for the juvenile; or (8) attending or returning home from, without any detour or stop, taking the most direct route, any theater, movie house, or sporting event; provided, however, that the juvenile shall have in his possession and present to the police officer upon request the ticket or ticket stubs from the theater, movie house, or sporting event; or (9) 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 (10) married and thus has achieved the age of majority pursuant to RCW 26.28.020, or has become emancipated in accordance with RCW 13.64.060(2); or (11) engaged in lawful commercial activity which is commenced prior to curfew hours and the juvenile proceeds directly home upon termination of the commercial activity. 6.28.050 - AUTHORITY TO ENFORCE: Law enforcement officers shall have the authority to reasonably stop and momentarily detain a juvenile to obtain his or her name, age and address, as well as the name and address of his or her parent or guardian whenever said law enforcement officer shall reasonably suspect that the parent or guardian of such juvenile, the juvenile and/or other responsible adult is (are) in violation of this Chapter. Upon determination that the such juvenile, the parent or guardian of such juvenile, or other responsible adult, is (are) in fact in violation of this Chapter and not exempt, the law enforcement officer shall direct or deliver the juvenile to the residence of his or her parent or guardian. This remedy is not exclusive to the citation process set forth herein. The remedies provided in this Chapter shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. 6.28.060 - TEMPORARY CUSTODY PROCEDURE: (a) A police officer who reasonably believes that a juvenile is violating any of the provisions as described in Section 6.28.030 shall have authority to take the minor into custody, shall inform the minor of the reason(s) for such custody, and may demand that the parent or guardian appear and take custody of the juvenile. Should the parent or guardian not appear, or should the officer otherwise 7 deem appropriate, the officer shall deliver, or arrange to deliver, as follows: (1) 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 into custody and shall inform the juvenile and the responsible adult of the nature and location of appropriate services available in the community, or (2) The officer may take the juvenile to the home of an adult extended family member after attempting to notify the parent, guardian or custodian. (b) In the event that (1) and (2) are not appropriate under the circumstances, the officer may deliver the juvenile to either of the following: (1) To the Grant County Sheriff's Office or other facility operated by the Grant County Sheriff's Office until the parent appears to take responsibility for the juvenile, or (2) In the event the parent or guardian fails to appear, the juvenile is to be referred to a juvenile program designated by the legislative body of Grant County, for consideration of further intervention and/or placement services. 6.28.070 -VIOLATIONS/ CITATION PROCEDURE: A violation of 6.28.030 or 6.28.040 is a civil infraction. (a) The procedure for responding to a notice of infraction under this ordinance shall be the same procedure prescribed for responding to traffic infractions set forth in Chapter 46.63 RCW. Any person who receives a notice of infraction shall respond in the manner prescribed in RCW 46.63.070. If any person issued a notice of infraction fails to respond to the notice as provided in RCW 46.63.070(2), or fails to appear at a hearing requested pursuant to the procedure outlined in RCW 46.67.070 (3) or (4) , the court shall enter an appropriate order assessing the monetary penalty prescribed for this infraction. (b) Procedures for the conduct of all hearings provided for in this ordinance shall be in accordance with the procedures for hearings established in RCW 46.63.080 through 46.63.100. (c) In lieu of payment for all or part of the monetary penalty, the court may provide for the performance of community service. 6.28.080 - PENALTIES: Failure to comply with the provisions of this chapter shall subject the violator to the following penalties: 1. First offense 8 $ 50.00 2. Second offense $ 100.00 3. Each subsequent offense $ 200.00 6.28.090 - 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 benefitted by the terms of this ordinance. It is the specific intent of this ordinance that no provision or term used in this ordinance is intended to impose any duty whatsoever upon the County or any of its officials, officers, employees or agents, 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 County, or its officials, officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the County related in any manner to the enforcement of this ordinance by its officials, officers, employees or agents. 6.28.100 - CHAPTER SUPPLEMENTARY: The provisions and remedies provided in this Chapter shall be supplementary, cumulative and not exclusive and shall be in addition to any other remedies provided by state law. 6.28.110 - SEVERABILITY: Each separate provision of this ordinance shall be deemed independent of all other provisions. If any provision of this ordinance, or part thereof, be declared invalid, all other provisions, or parts thereof, shall remain valid and enforceable. Section 2. This ordinance shall be published in the official newspaper of the County of Grant and shall take effect and be in full force April 21, 1995. PASSED this / p day of April, 1995. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON f� 1 Tim Sne d, 4Chair Helen Fancher, Member AoyAllison, Member �fl EST: Cierk +e Board a APPROVED ATORNLY: t9 he Hepu rosey PUBLISHED: 03/30/95; 04/06/95 10