HomeMy WebLinkAbout4312 Ordinance ORDINANCE NO. q 3/2-
AN
AN ORDINANCE of the City of Pasco, Washington, Repealing
Chapter 9.84A"Juvenile Curfew"
WHEREAS, the legislature has provided specific statutory authority to enact juvenile
curfew laws for the purpose of preserving public safety and reducing acts of violence by and
against juveniles by enactment of RCW 35A.11.210; and
WHEREAS, the City has based on this legislative authority, enacted juvenile curfew
under the present Chapter 9.84A; and
WHEREAS, through subsequent Court decisions, juvenile curfews have been ruled
unconstitutionally vague and unenforceable as infringing upon minor's fundamental freedom of
movement and expression, and in failure to provide ascertainable standards for locating the line
between innocent and unlawful behavior and, as characterized by the Washington Supreme
Court Opinion in City of Sumner vs. Walsh, that it may be difficult for a city to draft a curfew
ordinance that is not constitutionally vague; and
WHEREAS, enforcement and issuance of civil infractions under the existing juvenile
curfew ordinance have been rare, and potential enforcement of the juvenile curfew may cause
confusion in the minds of the residents which is, and which is not, prohibited behavior and to
limit potential liability of the City which may result from the inappropriate enforcement of such
an Ordinance; and
WHEREAS, the interest of the City may be best served by repeal of the Juvenile Curfew
Chapter. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 9.84A entitled "Juvenile Curfew" of the Pasco Municipal
Code, shall be and hereby is repealed in its entirety.
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 15th day of August, 2016.
Matt Watkins, Mayor
7
ATTEST; � APP D AS TO FORM:
I
i •ra . Clark, City Clerk — Leland B. Kerr, City Attorney