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HomeMy WebLinkAbout3035 OrdinanceORDINANCE NO 3o3S-' AN ORDINANCE Creating a Juvenile Curfew, imposing a civil penalty for violation, and creating new Chapter 9 84 of the Pasco Municipal Code WHEREAS, Section 503, Ch 7, Laws 1994 provides statutory authority to the City to enact a juvenile curfew ordinance for the purpose of preserving public safety or reducing acts of violence by or against juveniles that are occurring at rates beyond the capacity of the police to assure public safety, and WHEREAS, the City Council has been presented with statistics and antidotal evidence from its police department which shows that criminal activity by and against juveniles is occurring in numbers and kind that threaten public safety in the City and is beyond the ability of the police department to control and assure public safety, and WHEREAS, those same statistics demonstrate that juvenile crime is not limited to any particular area of the city and that the gross numbers of crimes by and against juveniles remains reasonably high after eleven PM when in the interest of the health, education and safety of juveniles they should be off the city streets unless their presence is required by school, employment, church or other organized activities or when in the accompany of their parent or other guardian, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. The City Council Finds the following a The City of Pasco is experiencing a serious juvenile crime problem that is continuing to escalate in physical violence and the use of deadly weapons, and b Based upon crime statistics reviewed by the Council at its workshop meeting on June 20, 1994, petitions from citizens, and reports from the Chief of Police, the Pasco City Council finds that (i) The manpower and resources of the Pasco Police Department cannot provide sufficient surveillance of all areas of the City to prevent criminal conduct from occurring or catch the perpetrator in the act with enough frequency and reliability to prevent the repeated criminal conduct of those juveniles dispose to engage in such conduct, and (ii) Graffiti is largely done under the cover of darkness and is the work of juvenile gang members marking what they perceive as their territory contributing to violence in the city and damage to property c The City of Pasco has responded to the Juvenile crime problem by the assignment of additional police officers to a special "gang patrol", by participating actively both with money and participation in the Safe Streets Community Task Force, and by hiring a juvenile specialist for the Police Department, and d Despite the many efforts of the City of Pasco and the community to abate the growing problem of youth violence, juvenile crime continues as a menace to public safety in the community, and e Work, sports, and recreation activities for juveniles are largely concluded by 11 00 PM, and f The Pasco City Council believes that it has exhausted other less drastic measures and that a need exists to aid law enforcement and the parents of youth seeking further help to control their children §2. New Chapter 9 84 is hereby added to the Pasco Municipal Code, which chapter shall read as follows CHAPTER 984 JUVENILE CURFEW Sections 9 84 010 Curfew 9 84 020 Law Enforcement Officer Responsibilities 9 84 030 Exceptions 9 84 040 Penalties 9 84 010 CURFEW No person seventeen years of age or under shall remain in or upon the public streets, roadways, alleys, parks, playgrounds, or cemeteries, or in or upon private property, other than the child's usual place of residence, which is unoccupied, vacant, abandoned, or is not otherwise supervised by a responsible adult between the hours of 12 00 AM and 5 00 AM, except as otherwise permitted under the provisions of this chapter 9 84 020 LAW ENFORCEMENT OFFICER RESPONSIBILITIES A law enforcement officer who reasonably believes that a person is violating the curfew shall take the person into custody and shall inform the person of the reason for such custody and shall either a Transport the child to his or her home The officer releasing a child into the custody of the parent shall Ordinance No. 0.35--Page 2 of 4 inform the parent of the reason for the taking of the child into custody and shall inform the child and the parent of the nature and location of appropriate services available in their community, or b Take the child to the home of an adult extended family member, a designated crisis residential center, or the home of a responsible adult after attempting to notify the parent or legal guardian (i) If the child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing in the home some type of child abuse or neglect, as defined in RCW 26 44 020, as now law or hereafter amended, or (ii) If it is not practical to transport the child to his or her home, or (m) If there is no parent available to accept custody of the child An "extended family member" means a grandparent, brother, sister, step-brother, step-sister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable and is willing and available to care for the child The officer releasing a child into the custody of an extended family member or a responsible adult shall inform the child and the extended family member or responsible adult of the nature and location of appropriate services available in the community An officers responsibilities under this section shall be changed, expanded or limited to be consistent with and as defined in RCW 13 32A 050 and 060 as now or hereafter amended 9 84 030 EXCEPTIONS The curfew restriction in section 010 above shall not apply under the following circumstances a When the child is accompanied by a parent, guardian, custodian, or other adult person having custody or control of such child Ordinance No..8035 - Page 3 of 4 n•n• ,61 ATTEST: b When the juvenile is engaged in employment at a city licensed business or is traveling by direct route to or from his/her place of employment , trade, profession or occupation c When the juvenile is in a motor vehicle and engaged in interstate travel with the consent of a parent, guardian or other adult having custody or control of such juvenile d When the juvenile is within one block of his/her legal residence e When the juvenile is traveling by direct route to or from an adult supervised or licensed commercial activity including, but not limited to, a dance, theater presentations and sporting events Juveniles who attend such activities shall return to their homes or usual place of abode within one-half hour after the activity has ended 9 84 040 PENALTIES The intentional violation of the curfew set forth in section 010 above shall be a civil and code infraction A civil penalty of Fifty Dollars ($50 00) shall be assessed for a first violation against the violator For a second violation the penalty shall be $100 00 and for a third violation the penalty shall be $150 00 §3. This Ordinance shall take effect August 1, 1994 at 12 01 a m Passed by the City Council of the City of Pasco, at a regular meeting this 18th day of July, 1994 City of Pasco: APPROVED AS TO FOR 0'W ', CATHERINE D SEAMAN Deputy City Clerk RUBSTELLO ttorney Ordinance No3035 - Page 4 of 4 JUVENILE CURFEW ORDINANCE Summary Publication City of Pasco Ordinance No. 3035 An Ordinance creating a juvenile curfew, imposing a civil penalty for violation, and creating new chapter 9 84 of the Pasco Municipal Code This summary contains a brief description succinctly describing the main points of the Ordinance The full text of the Ordinance will be mailed upon request to the Deputy City Clerk Section 1 of the Ordinance sets forth the Findings made by the Pasco City Council concerning the seriousness and the nature of crimes by and against juveniles in the City of Pasco It relates the inability of the Pasco Police Department to efficiently control crimes by and against juveniles and finds that the curfew imposed is in furtherance of public safety Section 2 of the Ordinance creates new chapter 9 84 to the Pasco Municipal Code titled JUVENILE CURFEW The essential elements of the curfew are as follows a. Who is affected. All persons seventeen years of age or under are "juveniles" subject to the curfew b. Curfew hours. The hours between 12 00 a m and 5 00 a m c. Curfew requirement. During the curfew hours no juvenile is allowed to be on the public streets, roadways, alleys, parks, playgrounds, or cemeteries or in or upon any private property, other than the child's usual place of residence There are several exceptions to the curfew restriction The curfew restriction does not apply under the following circumstances a If the juvenile is accompanied by a parent, guardian, custodian, or other adult person having custody or control of the juvenile b If the juvenile is employed at a City licensed business or is traveling by direct route to or from his/her place of employment, trade, profession or occupation c If the juvenile is in a motor vehicle and engaged in interstate travel with the consent of a parent, guardian, or other adult having custody or control of the juvenile Summary Publication/Ordinance No. 3035 - Page 1 of 2 d If the juvenile is within one block of his/her legal residence e If the juvenile is traveling by a direct route to or from an adult supervised or licensed commercial activity, including, but not to, a dance, theater presentations and sporting events Juveniles who attend such activities must return to their home within one-half hour after the activity has ended A law enforcement officer who reasonably believes that a juvenile is violating the curfew is required by the Ordinance to take the juvenile into custody, inform the juvenile of the reason for their custody, and transport them to their home or other authorized location A juvenile who intentionally violates the curfew is guilty of a civil infraction and subject to prosecution in Pasco Municipal Court A civil penalty of $50 00 is to be assessed for a first violation The penalty for a second violation is $100 00 The penalty for a third violation is $150 00 Section 3 of the Ordinance makes the effective date of the curfew August 1, 1994 at 12 01 a m Ordinance No 3035 was approved by the Pasco City Council at its regular meeting on July 18, 1994 Catherine D Seaman Deputy City Clerk Summary Publication/Ordinance No. 3035 - Page 2 of 2 DAY OF Nota public in and for the State of Wash- ington, residing at PASCO WA COMMISSION EXPIRES 7— 650 II LEGALS Council at its regular meeting on July 18 1994 s Catherine D Seaman Deputy City Clerk #1322 - 7/24/94 NOTICE OF HEARING NOTICE IS HEREBY EN That the Board o County Comm s of Benton County shington has under consideration a proposal to adopt an ordi- nance relating to the disposi- tion of human remains as fol lows An ordinance relating to the disposition of human re mains creating a new title 6A and adding a new chapter to Title 6A of the Benton County Code The full text of the proposed ordinance will be mailed upon request by the Benton Coun ty Board of Commissioners or the Benton County Auditor or the Clerks of the cities of Prosser West Richland Richland Kennewick or Ben ton City NOTICE IS FURTHER GIV EN That a hearing will be held on the proposal to adopt the above ordinance bn Au gust 8 1994 at 10 30 AM in the Commissioners Confer- ence Room Benton County Courthouse Prosser Wash ington at which hearing any person or persons may ap pear and be heard either for or against the adoption of said ordinance as proposed DATED at Prosser Washing ton this 20th day of July 1994 Board Of Benton County Commissioners s Joan Heintz Clerk of the Board #1315 - 7/24/94 NOTICE OF HEARING NOTICE IS HEREBY GIV EN That the Board of Benton County Commissioners has before it a proposal for the es tablishment of a budget for the 1994 Courthouse Facilita \kir Fund PtindNo 0136 101 in the amount of $9 659 00 NOTICE IS FURTHER GIV EN That a hearing will be conducted on Monday Au- A .ti„\IS 110-b (,SNIC* _PO BOX 2608 > PASCO WASHINGTON 99302 2608 I PHONE (509) 582 1500 Iffaad, ADVEPTZUM INVOICE SOLD TO PASCO, CITY OF LEGALS P.O. BOX 29: FASCO WA 99701 DATE 07/24/94 LEGAL No 1$17_22 ACCOUNT NO 50550 DESCRIPTION 1722 JUVENILE CURFEW ORD [ TIMES 001 INCHES J 0 -70 TOM, 4. 114.70 L\10411CIE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFilDZYll'if PUE311.75DAYI100 COUNTY OF BENTON SS STATE OF WASHINGTON CARLA ALFORD , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a 182 JUVENILE CURFEW ORDI as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 07/24/3 41 , and ending on 07/24/ciz4 , and that said newspaper was regulary distributed to its subscribers during all of this period 9 2ALL 4iZTnxt_ SUBSCRIBED AND SWORN BEFORE ME THIS I , --- / _D SUND Y,JULY?4,1994 LEGALS than five percent (5%) of the amount of the bid The suc- cessful bidder will be required to furnish a performance bond and payment bond each in full amount of the con- , tract pnce I The K I D reserves the right I to reject any or all bids to waive technicalities to accept any bid which it deems in the best 'Mere'''. he District s-•son etary-Manager #1330 7/24,31/94 JUVENILE CURFEW ORDINANCE Summary Publication City of Pasco Ordinance No 3035 An Ordinance creating a juve- nile curfew imposing a civil penalty for violation and cre- ating new chapter 9 84 of the Pasco Municipal Code This summary contains a brief description succinctly describing the main points of the Ordinance The full text of the Ordinance will be mailed upon request to the Deputy City Clerk Section 1 of the Ordinance sets forth the Findings made by the pasco City Council concerning the seriousness and the nature of crimes by and against juveniles in the City of Pasco It relates the in- ability of the Pasco Police De- partment to efficiently control crimes by and against juve niles and finds that the curfew imposed is in furtherance of public safety Section 2 of the Ordinance creates new chapter 9 84 to the Pasco Municipal Code ti- tled JUVENILE CURFEW The essential elements of the curfew are as follows a Who is affected All per- sons seventeen years of age or under are juveniles sub- ject to the curfew b Curfew hours The hours between 12 00 a m and 5 00 am c Curfew requirement Dur- ing the curfew hoGzs no juvs,f- nile is allowed to be on the public streets roadways al- leys parks playgrounds or cemeteries or in or upon any 630 LEGALS private property other than the child s usual palace of res idence There are several exceptions to the curfew restriction The curfew restriction does not apply under the following cur cumstances a If the juvenile is accompa nied by a parent guardian custodian or other adult per son having custody or control of the juvenile b If the juvenile is employed at a City licensed business or is traveling by direct route to or from his/ her place of em ployment trade profession or occupation c If the juvenile is in a motor vehicle and engaged in inter state travel with the consent of a parent guardian or other adult having custody or con- trol of the juvenile d If the juvenile is within on e block of his/her legal resi- dence If the juvenile is traveling by a direct route to or from an adult supervised or licensed commercial activity includ ing but not to a dance the ater presentations and sport- ing events Juveniles who at tend such activities must re turn to their home within one- half hour after the activity has ended A law enforcement officer who reasonably believes that a juvenile is violating the cur- few is required by the Ordi- nance to take the juvenile into custody inform the juvenile of the reason for their custody and transport them to their home or other authonzed lo- cation A juvenile who intentionally vi- olates the curfew is guilty of a civil infraction and subject to prosecution in Pasco Munici- pal Court A civil penalty of $5000 is to be assessed for a first violation The penalty for a second violation is $100 00 The penalty for a third viola- tion is $15000 Section 3 of the Ordinance makes the effective date of the curfew August 1 1994 at 12 01 a m Ordinance No 3035 was ap- proved by the Pasco City