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HomeMy WebLinkAbout3419 Ordinance ORDINANCE NO. 3419 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REPEALING CHAPTER 9.84 OF THE PASCO MUNICIPAL CODE ENTITLED "JUVENILE CURFEW"; CREATING CHAPTER 9.84A OF THE PASCO MUNICIPAL CODE ENTITLED "JUVENILE CURFEW"; DECLARING CERTAIN CONDUCT TO BE UNLAWFUL AND PROVIDING PENALTIES THEREFORE; PROVIDING FOR THE ENFORCEMENT OF THE CURFEW AND RESPONSIBILITIES OF A POLICE OFFICER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 7, Laws, 1994, First Special Session, authorizes the City to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on public streets, in the public parks, or in any other public place during specified hours, provided that the ordinance does not contain any criminal sanctions for a violation of the ordinance; and further provided that an officer taking a child into custody for violating a local curfew ordinance fulfills the obligations set forth in RCW 13.32A.060; and WHEREAS, the City Council has held public hearings and conducted public meetings for the purposes of obtaining written and testimonial information and data concerning the ability of the Pasco Police Department to currently preserve the public safety or reduce acts of violence by or against juveniles without a curfew ordinance and to determine the appropriate times and conditions under which juveniles may be present on the public streets, in the public parks, or in other public places during hours specified in an appropriate curfew ordinance; and WHEREAS, Police Department reports and crime statistics entered into the public record by the Pasco Police Department together with supporting anecdotal evidence from Pasco Police Department officers show that: 1. The juvenile curfew in Chapter 9.48 PMC has proven to be an important and effective tool to law enforcement in controlling crimes by and against juveniles in Pasco. 2. Since the adoption of Chapter 9.48 PMC there has been a decrease in crimes against juveniles and an increase in the number of juvenile crime suspects having contact with Pasco Police during curfew hours; 3. Crimes by and against juveniles is a City-wide problem; and 4. Evidence is lacking in the public record of adverse effects on the protected constitutional freedoms of juveniles. WHEREAS, based upon the public record gathered by the City Council and documented in the records of the Pasco City Clerk, the City Council has determined that the retention of a juvenile curfew is appropriate and necessary for the preservation of public safety and for reducing acts of violence by or against juveniles that were occurring prior to the enactment of Ch. 9.48 PMC in Pasco at such rates as to be beyond the capacity of the police to assure public safety, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the findings contained in the recitals of this ordinance are determined to be true and correct and are hereby adopted as part of this ordinance. Section 2. Chapter 9.84 of the Pasco Municipal Code entitled "Juvenile Curfew" is hereby repealed in its entirety. Section 3. Chapter 9.84A of the Pasco City Code entitled "Juvenile Curfew" is hereby created to read as follows: Chapter 9.84A Juvenile Curfew Sections: 9.84A.010 Purpose. 9.84A.020 Definitions. 9.84A.030 Offenses. 9.84A.040 Exceptions to Curfew/Defenses. 9.84A.050 Enforcement. 9.84A.060 Violation Penalties. 9.84A.010 Purpose. The purpose of this Chapter is: (1) To protect juveniles and other citizens, residents, and visitors of the City of Pasco from the dangers of crime which occur in the vicinity of public streets, in the public parks, or in any other place during the late night and early morning hours; (2) To decrease the amount of criminal activity engaged in by juveniles; (3) To promote and enhance parental control over juveniles; and (4) To preserve the public safety and to reduce acts of violence by or against juveniles that are occurring in the City of Pasco at rates beyond the capacity of the police to assure public safety without the aid of a juvenile curfew. 9.84A.020 Definitions. In this Chapter: (1) Aid and abet means that any person, with knowledge that he or she will promote or facilitate the commission of a curfew violation, either: (a) Solicits, commands, encourages, helps, assists, or requests a juvenile to commit the violation; or (b) Aids or agrees to aid a juvenile or other person in planning or committing a violation. The word aid means all assistance whether given by words, acts, encouragement, support, presence, or neglect of parental or custodial responsibilities for a juvenile required by any existing or hereinafter enacted statute of this state. (2) Curfew hours means the hours between 12:00 a.m. and 5:00 a.m. (3) Direct route means the shortest path of travel through a public place to reach a final destination without any detour or stop along the way. (4) Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent property damage, serious bodily injury or loss of life. (5) Establishment means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any store, shop, restaurant, bowling alley, cafe, theater, drug store, golf course, poolroom, shopping center, video arcade, and any other place open to the general public and devoted to business, amusement, or entertainment. (6) Interstate travel means transportation between states of the United States or between a state of the United States and a foreign country, to which travel through the City of Pasco is merely incidental. (7) Intrastate travel means transportation between locations within the state of Washington, to which any travel through the City of Pasco is merely incidental. (8) Juvenile means any person under 18 years of age who has not been emancipated by court order. (9) Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. (10) Parent means the natural parent, adoptive parent, step-parent or judicially appointed legal guardian of a juvenile. (11) Public place means any place to which the public or substantial group of the public has access and includes, but is not limited to, streets, highways, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. The terms shall also include establishments as defined above. (12) Remain means to: (a) Linger or stay; (b) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises of any establishment or other public place. (13) Responsible adult means an adult who is at least 18 years of age and has been designated in writing by a parent or court-appointed guardian to have care and custody of a juvenile. 9.84A.030 Offenses. (1) Except as set forth in Section .040 below, it shall be a civil infraction for any juvenile to knowingly remain, walk, run, stand, drive or ride about, in or upon any public place in the City or on the premises of any establishment within the City during curfew hours. (2) Except as set forth in Section .040 below, it shall be a civil infraction for any person to aid or abet a juvenile to commit a curfew violation. (3) It shall be unlawful for the operator of any establishment, or for any person who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during curfew hours. It shall be a defense to a charge under this subsection that the operator or employee of an establishment promptly notified the police department that a juvenile was present at the establishment after curfew hours and refused to leave. 9.84A.040 Exceptions to Curfew/Defenses. (1) It shall not be a violation of Section .030 above if the juvenile was: (a) Accompanied by the juvenile's parent, guardian, or other responsible adult; (b) On an errand at the direction of the juvenile's parent, without making unnecessary detour or stop, and the minor has in his/her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s) and the hours the minor is authorized to be engaged in the errand; (c) In a motor vehicle involved in intrastate or interstate travel outside the City of Pasco to which any travel through the City of Pasco is merely incidental; (d) Engaged in lawful employment activity or going to or returning home by a direct route from a lawful employment activity, without any detour or stop; (e) Involved in an emergency or on an errand made necessary by an emergency; (f) On a sidewalk abutting the juvenile's residence or abutting the residence of a next-door neighbor; (g) Attending a school, religious, recreational or other activity supervised by responsible adults or sponsored by the City of Pasco, civic organization, or other similar entity that provides supervision by adults, or traveling by a direct route to or from such activity, without any detour or stop; (h) Going to or returning from the residence of another with the knowledge and consent of the juvenile's parent or guardian without any detour or stop; (i) Engaging in, participating or traveling without any detour or stop to or from any event, function, activity or conduct for which Section 9.84A.030 of this Chapter would contravene the juvenile's rights protected under the United States or Washington Constitutions including, but not limited to rights protected by the First Amendment to the United States Constitution so long as such conduct reasonably intends to convey a particular protected message, and the likelihood of the message being understood is great. 0) Married or had been married or had become emancipated in accordance with Chapter 13.64 RCW; (2) It shall not be a violation of Sub-Section .030(2) when any parent or guardian or other responsible adult, unable to control the whereabouts and activities of a juvenile in their care, custody, or control has contacted the City of Pasco Police Department and reported such juvenile as possibly appearing in locations and at times that would violate this Chapter; (3) It shall not be a violation of Sub-Section .030(2) when any owner, operator, or employee of an establishment promptly notifies the Pasco Police Department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave after being asked to leave. 9.84A.050 Enforcement. (1) Prior to the issuance of a verbal or written warning or a notice of civil infraction, a police officer shall ask the apparent offender's name, age, address, and the reason for being in a public place. The officer shall not issue a warning or citation or take further action under this section unless the officer reasonably believes a violation has occurred and that based on any response and other circumstances, no exemption exists under Section .040 above. (2) Pursuant to RCW 13.32A.050(1)b, a police officer, who reasonably believes that a juvenile is in violation of Section .030 above, shall have the authority to take the juvenile into custody. Pursuant to RCW 13.32A.060, an officer taking a juvenile into custody shall inform the juvenile of such custody and shall either: (a) Transport the juvenile to his or her home or to a parent or guardian at his or her place of employment if no parent or guardian is at home. The parent or guardian may request that the officer take the juvenile to the home of an adult extended family member, responsible adult, crisis residential center, the Department of Social and Health Services, or a licensed youth shelter. In responding to the request of the parent or guardian, the officer shall take the juvenile to a requested place which, in the officer's belief, is within a reasonable distance of the parent or guardian's home. The officer releasing a juvenile into the custody of a parent, guardian, an adult extended family member, responsible adult, or a licensed youth shelter shall inform the person receiving the child of the reason for taking the child into custody and inform all parties of the nature and location of appropriate services available in the community; or (b) After attempting to notify the parent or guardian, take the juvenile to a designated crisis residential center's secure facility, or a center's semi-secure facility if the secure facility is full, not available, or not located within a reasonable distance; 0) If a juvenile expresses fear or distress at the prospect of being returned to his or her home which leaves the officer to believe there is a possibility that the child is experiencing some type of child abuse or negligence, as defined in RCW 26.44.020; or (ii) If it is not practical to transport the juvenile to his or her home or place of the parent or guardian's employment; or (iii) If there is no parent or guardian available to accept custody of the child; or (c) After attempting to notify the parent or guardian, if a crisis residential center is full, not available, or not located within a reasonable distance, the officer may request the Department of Social and Health Services to accept custody of the child. If the Department determines that an appropriate placement is currently available, the Department shall accept custody and place the juvenile in an out-of-home placement. If the Department declines to accept custody of the juvenile, the officer may release the juvenile after attempting to take the juvenile to the following, in the order listed: (i) The home of an adult extended family member; (ii) A responsible adult; (iii) A licensed youth shelter. The officer shall immediately notify the Department of Social and Health Services if no placement option is available and the child is released. (3) An officer's responsibility under this section after taking a juvenile into custody for a curfew violation, shall be changed, expanded or limited without further amendment of this Chapter to be consistent with the provision of RCW 13.32A,050 and .060 as now or hereinafter amended. 9.48A.060 Violation Penalties. (1) It shall be a civil infraction to commit a violation of Section .030. The Municipal Court shall have jurisdiction over all civil infractions issued under this Chapter. Civil infractions shall be issued and processed in accordance with RCW Chapter 7.80 as currently enacted or as hereinafter amended, which is incorporated herein by this reference. (2) Any person found to have committed a civil infraction shall be accessed a monetary penalty as follows: First Violation: Not to exceed$150.00 Second Violation: Not to exceed$250.00 Third Violation: $500.00 Section 3. Severability. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 4. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Pasco, at its regular meeting, May 1, 2000. Michael L. Garriso , Mayor ATTEST/AUTHENTICATED: APPROVED AS TO FORM L Catherine D. Seaman, Deputy City Clerk and B. , City Attorney