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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 That Chapter 9.84A entitled "Juvenile Curfew" of the Pasco Municipal Code, shall be and hereby is repealed in its entirety.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