HomeMy WebLinkAbout1995-012 Curfew for minors J
• - ORDINANCE NO. 95- 12
AN ORDINANCE relating to public safety and morals, prohibiting minors from
remaining in any public place; defining the duties of parents and
guardians charged with the custody or care of minors, providing
penalties for violations thereof; amending Sections 6.09.020 and
6 09 030, all of the City of Yakima Municipal Code.
WHEREAS, the City of Yakima has experienced an alarming increase in the
seriousness and intensity of violent crimes committed by and /or directed at
juveniles; and
WHEREAS, these juvenile crimes have damaged property and increased the
demand on limited police resources; and
WHEREAS, juveniles are the victims of violence, threats, property crimes, and
the aura of fear and violence created thereby; and
WHEREAS, The current juvenile justice facility can only house 24 juveniles at
one time, and has up to a six month waiting list for available space, and
WHEREAS, Due to the cumbersome nature of current juvenile charging
procedures and the extensive caseload, it takes up to eight weeks for a juvenile to be
411 charged with a crime, and
WHEREAS, the current juvenile justice system is unable to make juveniles
immediately accountable for their acts; and
WHEREAS, This combination of ;circumstances and events calls for immediate
action on the part of the City to prevent any further violence, relieve the aura of
fear created for the children of the City, and provide immediate accountability for
those individuals who are currently able to ignore the juvenile justice system and
the laws of this City and the State of Washington; and
WHEREAS, it is in the best interest of the City of Yakima, 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, it is a reasonable exercise of the police power of the City of Yakima
to make parents or others charged with custody or care of minors within the City of
Yakima responsible for the whereabouts of their minor charges during late night
and early morning hours, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Section 6.09.020 of the City of Yakima Municipal Code is hereby
amended to read as follows:
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"6 09 020 Juvenile Curfew.
(a) It shall be unlawful for any juvenile to be or remain in
any public place or establishment within the City of Yakima during
curfew hours.
(b) It shall be a complete defense to prosecution under
Subsection (a) that the juvenile was:
(1) accompanied by the juvenile's parent or guardian
or any other person ovcr thc agc of eighteen years of age or .
older who has been given custody or control of the juvenile by
said juvenile's parent or guardian;
(2) on an errand at the direction of the juvenile's
parent or guardian or any other person ovcr thc agc of eighteen
years of age or older who has been given custody or control of
the juvenile by said juvenile's parent or guardian without any
detour or stop;
(3) in a motor vehicle involved in interstate travel,
(4) engaged in an employment activity, or going to or
returning home from an employment activity, without any
detour or stop,
(5) involved in an emergency;
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(6) on the sidewalk abutting the juvenile's residence or
abutting the residence of a next -door neighbor if the neighbor
did not complain to the police department about the juvenile's
presence;
(7) attending an official school, religious, or other
recreational activity supervised by adults and sponsored by the
City of Yakima, 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, an official
school, religious, or other recreational activity supervised by
adults and sponsored by the City of Yakima, a civic organization, a
school district, or another similar entity that takes responsibility
for the juvenile;
(8) 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
(9) attending or returning home from, without any
detour or stop, 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.
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$
40- (c) Penalties. A violation of this section is an infraction. The
civil infraction penalty for a first violation of this section within a one
(1) year period shall be Fifty Dollars ($50 00), for a second offense
within a, one (1) year period the penalty shall be One Hundred Dollars
($100 00), and for a third or subsequent violation within a one (1) year
period, the penalty shall be Two Hundred Dollars ($200 00)
within thc expected one year tirne frame or other good cause. "
Section 2 Section 6 09 030 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6.09.030 Parental 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 allow such juvenile to be or remain in any public place or
on the premises of any establishment within the City of Yakima during
curfew hours.
• (b) It shall be a complete defense to prosecution under
Subsection (a) that the juvenile was:
(1) accompanied by the juvenile's parent, guardian, or
any other person over thc agc of eighteen years of age or older
who has ( been given custody or control of the juvenile by said
juvenile's parent or guardian;
(2) on an errand at the direction of the juvenile's
parent or guardian or any other person over thc agc of eighteen
years of age or older who has been given custody or control of
the juvenile by said juvenile's parent or guardian without any
detour or stop;
(3) in a motor vehicle involved in interstate travel,
(4) engaged in an employment activity, or going to or
returning home from an employment activity, without any
detour or stop;
(5) involved in an emergency;
(6) on the sidewalk abutting the juvenile's residence or
abutting the residence of a next -door neighbor if the neighbor
did not complain to the police department about the juvenile's
presence,
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(7) attending an official school, religious, or other •
recreational activity supervised by adults and sponsored by the
City of Yakima, 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, an official
school, religious, or other recreational activity supervised by
adults and sponsored by the City of Yakima, a civic organization, a
school district, or another similar entity that takes responsibility
for the juvenile;
(8) 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
(9) attending or returning home from, without any
detour or stop, 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.
(c) Penalties. A violation of this section is an infraction. The
civil infraction penalty for a first violation of this section within a one
(1) year period shall be One Hundred Dollars ($100 00), for a second
offense within a one (1) year period the penalty shall be Two Hundred
Fifty Dollars ($250 00), and for a third or subsequent violation within a
one (1) year period, the penalty shall be Five Hundred Dollars ($500 00)
(d) Duration. This ordinance shall be in full force and effect for one
year time frame or other good cause. "
Section 3 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this 7thday of March, 1995
ATTEST Mayor
City Clerk
Publication Date: 3/10/95
Effective Date. 4/9/95
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