HomeMy WebLinkAbout1994-011 Public safety and morals ® r ,
, ORDINANCE NO. 94- 11
AN ORDINANCE relating to public safety and morals; prohibiting minors
from remaining in any public place in the downtown area,
defining the duties of parents and guardians charged with
the custody or care of minors, providing penalties for
violations thereof; adding a new Chapter 6 09, and adding
Sections 6.09 010, 6 09 020, 6.09 030, and 6.09 040 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 ands 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 charged with a crime; and
II 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 09 010 of the City of Yakima Municipal Code is
hereby enacted as a new section to read as follows:
"6.09.010 Definitions.
As used in this section, the following words shall have the
following meanings
ri. (a) 'Curfew hours' means:
(1) 11 p.m. on any Sunday, Monday, Tuesday,
Wednesday, or Thursday until 5 00 a.m. of the
following day; and
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(2) 12 a.m. until 5 a.m. on any Saturday or
Sunday
(b) '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 serious bodily injury or loss of life.
(c) 'Establishment' means any privately owned place of
business operated for a profit to which the public is invited,
including but not limited to, any place of amusement or
entertainment.
(d) 'Guardian' is any person other than a parent who
has legal guardianship of a juvenile.
(e) 'Juvenile' means any unemancipated person under
the age of 18 years.
(f) 'Parent' means the natural parent, adopted parent,
or step - parent of a juvenile.
• (g) 'Public place' means any place to which the public
or a substantial group of the public has access and includes, but is
not limited to, streets, highways, and the common areas of
schools, hospitals, apartment houses, office buildings, transport
facilities, malls, and shops.
(h) 'Remain' means to linger or stay
(i) 'Serious bodily injury' means bodily injury that
creates a substantial risk of death or that causes death, serious
permanent disfigurement, or protracted loss or impairment of
the function of any bodily member or organ."
Section 2 Section 6 09 020 of the City of Yakima Municipal Code is
hereby enacted as a new section to read as follows:
"6.09 020 iuvenile Curfew.
(a) It shall be unlawful for any juvenile to 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 over the age of
eighteen years who has been given custody or
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control of the juvenile by said juveniles parent or
guardian,
(2) on an errand at the direction of the juvenile's
parent or guardian or any other person over the
age of eighteen years who has been given custody
or control of the juvenile by said juveniles 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;
• (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 Fifty
Dollars (S50 00), for a second offense within a one
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• (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).
(d) Duration. This ordinance shall be in full force and effect
for one full rear from the effective date of this ordinance. After
one full year has elapsed, this ordinance shall terminate unless
the city council acts to extend the curfew due to the planned
juvenile justice facility not being completed within the expected
one year time frame or other good cause."
Section 3 Section 6 09 030 of the City of Yakima Municipal Code is
hereby enacted as a new section 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 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 the age of
eighteen years who has been given custody or
control of the juvenile by said juveniles parent or
guardian,
(2) on an errand at the direction of the juvenile's
parent or guardian or any other person over the
age of eighteen years who has been given custody
or control of the juvenile by said juveniles parent
or guardianwithout 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
(S500 00)
(d) Duration. This ordinance shall be in full force and effect
for one full year from the effective date of this ordinance. After
one full year has elapsed, this ordinance shall terminate unless
the city council acts to extend the requirement of parental
responsibility due to the planned juvenile justice facility not
being completed within the expected one year time frame or
other good cause."
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• action A: Section 6 09 040 of the City of Yakima Municipal Code is
hereby enacted as a riew section to read as follows:
"6.09.040 Severability.
Each separate provision of this ordinance shall be deemed
independent of all other provisions If any provision of this
ordinance, or part thereof, be declared invalid, all other
provisions, or parts thereof, shall remain valid and enforceable."
Section 5 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 ist day of Ntirdz
1994
G
ATTEST Mayor
/8T c
City Clerk
Publication Date. 394
Effective Date. 3
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