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Home My WebLink About04/14/2009 00 Agenda and Packet - Curfew Ordinance , _7-L oY Y1 ,, David Edler, Mayor ', Micah Cawley, Assistant Mayor ? - :/.. ` Yakima Kathy Coffey • s %C.) C ' Rick Ensey �' • _` City Council Bill Lover ,,1,oR Agenda - .. Pfeil McClure 129 N. 2rid Street,Yakima,WA. 98901 Sonia Rodriguez Phone: (509) 575 -6000 • Fax (509) 576 -6614 City Manager Email: ccouncil @ci.yakima.wa.us • www.ci.yakima.wa.us Richard A. Zais, Jr. Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk YAKIMA CITY COUNCIL STUDY SESSION APRIL 14, 2009 — 8:00 — 9:30 A.M. COUNCIL CHAMBERS — YAKIMA CITY HALL 1. Roll Call 2. Review of attached curfew ordinance 3. Audience Comments (9 :15 — 9:30 a.m.) 4. Adjournment Yakima bald �o-an�cecm City of Yakima Vision Statement: To create a culturally diverse, economically vibrant, safe, and strong Yakima community. I I I Adopted March 2008 1994 Council Study Session Agenda Re: Curfew Ordinance April 14, 2009 I. Introduction. - Samuel Granato, Chief of Police II. Legal Framework. - Cynthia Martinez, Senior Assistant City Attorney III. Statistics and Practical Knowledge. - Cesar Abreu, YPD Crime and Intelligence Analyst Unit Supervisor - Nolan Wentz, YPD Lieutenant - Erik Hildebrand, YPD Gang Unit Sergeant IV. Other Issues I DSHS Approved Facility. - Rod Light, YPD Captain -R. Steven Mitchell, EPIC Interim C.E.O. -Kyler Bachofner, Director EPIC Youth Services ii. Evening Activities for Teens. - Cynthia Martinez, Sr Assistant City Attorney V. Council Discussion. o °" City • y 1 , 1' Police Yakima 200 South ce e artment Yakima, Washington 98901 . ,, �� 1 � . 1 C G7 G l /J) ]� shi ton 98901 ( 3; ��;�.. Fr..,�� •, Samuel Granato, Chief of Police ToleDhone: (509) 575 -6200 • Fax (509) 575 -6007 N To: Mayor and City Council Members From : Chief Sam Granato Ref: Juvenile Curfew Mayor and Council Members, You have in your packet the hard work of Cesar Abreu who attempted to capture data from our records management system to determine when and where juvenile crime was occurring and to see if that data would justify a curfew ordinance being enacted that would withstand scrutiny by Washington Courts. "It is clear we would benefit amore stringent enforcement of the Truancy law already available to us since data reflects significant crime committed by juveies�` occurs during those ho» It does not reflect that there is significant juvenile crime being committed during the hours of the curfew. There are many factors to consider why that is but while we may have very good reason to believe the acts of vandalisms that we call Graffiti are occurring late at night and are being committed by juveniles, we cannot prove it by the records system we currently have in place. Most of the reports corrl''in after . people are going to work or coming home from work and very little data to indicate when it actually occurred. There are other considerations especially the cost of housing juveniles who are picked and that costs could be significant based on contacting with CRC or EPIC. Hiring our own staff would be equally prohibitive. Utilizing officers to locate responsible adults to take the child to will take our officers away from the streets. While the experience of other cities like Tacoma may differ, it appears they already have a system in place for taking children they encounter to and drop them off. I would as I cautioned the Council when this issues was resurrected, that the Sumner decision is clear that if we proceed contrary to the statistical data, we would could encounter punitive awards in a a judgment if the ordinance is challenged and we lose. The Police Department will continue to work to prevent juvenile crime in any constitutional manner we can and should there be change in Washington State Law, I would certainly want a curfew strictly enforced. q s9( (n aila _�iM- CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street, Yakima, WA 98901 -2830 (Phone) 509- 575 -6033 (Fax) 509 -575 -6160 MEMORANDUM April 10, 2009 TO: David Edler, Honorable Mayor Yakima City Council Members CC: Dick Zais, Yakima City Manager FROM: Cynthia I. Martinez, Senior Assistant City Attorney SUBJECT: Curfew Ordinance On February 24, 2009, Council unanimously voted to "direct staff to craft a juvenile curfew ordinance that has adequately defined terms, has exceptions to cover constitutionally protected behavior, is a stated compelling government interest that is backed by data, has a system for periodic review that has alternative housing and brings together programs for youth dealing with parks and recreation or existing services that we have." The Juvenile Curfew Ordinance included in your packet is modeled after the previously provided City of Tacoma Ordinance. Slight changes have been made to address issues raised in different Court opinions. I have collaborated with Daniel Clark, Yakima County Deputy Prosecuting Attorney, to produce the draft Ordinance in your packet. The attached ordinance contains curfew hours and applies the curfew to the entire City limits. Should Council choose to adopt a juvenile curfew, I will need clear direction from Council regarding the preferred hours and locations. Also included in your packet is the ordinance to repeal the no longer enforced curfew ordinance currently on the books, the study session agenda, the report of Lieutenant Nolan Wentz, the data and statistical analysis compiled by Cesar Abreu, Crime and Intelligence Analyst Supervisor for the Yakima Police Department and previously distributed materials. LEGAL OPINION: The attached ordinance contains some of the features requested by Council, such as adequately defined terms, a number of exceptions to cover some constitutionally protected behavior and a system for periodic review. Memo to Mayor and Yakima City Council April 10, 2009 Page - 2 However, the ordinance does not contain exceptions to cover all constitutionally protected rights, the statistical data fails to support that a juvenile curfew will address any stated compelling City interest, and there are a limited number of night youth activities. Washington, like all other states, recognizes the fundamental right to move freely in public places.' The freedom to move and the freedom to be still are fundamental freedoms, enjoyed by adults and children.? Ordinances that infringe upon fundamental rights are given strict scrutiny by the Courts. An ordinance imposing a juvenile curfew will be subject to strict scrutiny. Strict scrutiny is the highest burden to overcome and in order to survive a strict scrutiny analysis, the classification created by the juvenile curfew ordinance must be narrowly tailored to promote a compelling government interest. The City must be able to provide "evidence that correlates directly with the specific problems of the specific community sought to be addressed by the ordinance. " I have reviewed the data gathered and analyzed by Cesar Abreu, Crime Analyst for the Yakima Police Department. If it is the Council's goal to solve or reduce the graffiti problem raised most recently by Ms. Jette, clearly reducing vandalism to private and public property is a compelling City interest. However, the data does not support the idea that a juvenile curfew will solve or reduce in any significant means the graffiti problem. It is important to note that a small percent of the juvenile arrests are occurring during the proposed juvenile curfew hours. In 2008 only 10 percent of juvenile arrests occurred during curfew hours, and mainly for drinking and driving offenses (not occurring together). While there is some evidence of juvenile arrests for vandalism during curfew hours, the number of juveniles engaged in safe and innocent activities greatly outnumber those engaged in criminal activity. Confining all juveniles to their home or to a few designated places and activities without evidence that such restrictions are necessary or will address a problem, is not narrowly tailored to serve the needs of public safety or child protection. Anecdotal evidence may support the theory that the vandalism is occurring during the evening hours; but, whether that vandalism is occurring during the attached curfew hours or is being committed by juveniles, is at best a guess. We prosecute a number of adult offenders in Municipal Court for graffiti offenses and recently two men in their twenties went to prison for a graffiti spree. Rather than burdening the entire City of Yakima juvenile population, the Court could find that targeting those hot spots of graffiti with cameras, sting operations Papachristou v. City ofJacksonville, 405 U.S. 156, 164, 92 S.Ct. 389, 31 L.Ed.2d 110 (1972) 2 City of Seattle v. Pullman, 82 Wash.2d 794, 799 -800, 514 P.2d 1059 (1973) 3 City of Sumner v. Walsh, 148 Wash.2d 490, 61 P.3d 1111 (2003) 4 Sumner at 505, quoting Nunez v. City of San Diego, 114 F.3d 935, 940 (9 Cir. 1997) 5 Sumner at 506. Memo to Mayor and Yakima City Council April 10, 2009 Page -3 or the like are forms of narrowly tailored governmental intrusions to directly address the problem. I understand Council's frustration with the graffiti problem and I myself am a regular victim of that crime. Reducing graffiti is a noble goal, but not at all cost or risk. For the reasons stated above the attached ordinance can not be narrowly tailored to address a compelling City interest and I, respectfully, do not recommend Council adopt the attached Ordinance. City of Sumner liability: Bret Vinson, the Sumner City Attorney, informs me that no damages were paid as a result of the Sumner v. Walsh case. The defendant did not file a § 1983 lawsuit. A prevailing plaintiff in a § 1983 lawsuit may receive an award of attorney fees and under certain circumstances, punitive damages. ti City of Yakima 200 S. 3r Street Police Department Yakima, Washington 98901 Sam Granato, Chief of Police . Telephone (509)575 -6200 Fax (509)575 -6007 Memorandum April 10, 2009 TO: Cynthia Martinez FROM: Lt Nolan Wentz SUBJECT: City of Yakima Curfew Proposal The purpose of a curfew ordinance should be to protect juveniles from harm, and to reduce juvenile crime and violence occurring in the city. The Washington State Court of Appeals prompted some cities in the state of Washington to modify their curfew ordinances to address certain constitutional issues. Subsequent to court opinion, the following information is important for a viable city curfew ordinance. 1) The ordinance must be "narrowly tailored" to prevent juvenile crime or prevent minors from becoming victims. The first step in this process would be to: - a) Conduct a statistical analysis of the pattern of juvenile crime in a city, b) Determine where that crime occurs, c) Identify thetype of crime, d) Identify the times violent crime occur 2) The ordinance must establish a link or relationship between the compelling governmental purposes of the ordinance and the curfew prohibition. 3) The purpose of the ordinance must be clearly stated and show that it is to reduce juvenile crime and juvenile victimization. Yakima Police statistics indicate a variety of factors concerning juvenile arrests, from age, (with age 17 showing the highest number), time of day, District of occurrence, and crime type. The analysis also is unable to show whether the arrests made of juveniles were by a call for service, or by an independent observation made by officers, which would be the circumstances most affected by a curfew. Given the numbers provided by the analysis, the majority of arrests would have been generated by an officer responding to a call for service. The majority of activity conducted by the Police Department has been historically reactionary, although there have been more opportunities for officers to operate in a pro- active role in the past few years. The type and amount of activity does have a weather and time of year component, but in general, activity remains consistent. It has been my personal experience, and that of other officers I have worked with, that most observed encounters and arrests of juveniles take place during non - curfew hours, with more serious offenses taking place during early evening under the cover of darkness. Conversely, the majority of reported crimes, such as graffiti, are reported during the day, when the victim discovers the damage. Additionally, a curfew violation would be a Status Offense. A Status Offense is an offense that would not be a crime if the arrested person was an adult. Examples include runaway, truancy, possession of tobacco, and minor in possession or consumption of alcohol (under age 18). By Federal Statute, Status Offenders cannot be securely held in a police facility for any period of time. Status Offenders can be held, in handcuffs, while in the back seat of a patrol car, but cannot be placed into a room in the Police Department that is locked. The arresting officer must locate a parent or guardian, juvenile facility such as CRC, or a responsible adult extended family member willing to accept custody of the juvenile in order to release the juvenile. As a result, a juvenile taken into custody will effectively remove the arresting officer from service for however long it will take to locate and place the juvenile. This has been from one to several hours at a time. Additionally, current practice has been for officers to use all current methods available to develop reasonable suspicion, and subsequently probable cause in dealing with all subjects found within the city. Currently, most juveniles found during the proposed curfew hours would normally be stopped and questioned as a result of these methods. It is a concern that a curfew ordinance, which has constitutional questions, would be used to base stops upon, and any additional criminal activity or charges resulting from the curfew violation alone, would be lost in court should the curfew be challenged. Respectfully submitted, Nolan Wentz City of Yakima 200 S. r Street Police Department Yakima, Washington 98901 San, Granato, Chief of Police Telephone (509)575 -6200 Fax (509)575 -6007 Memorandum Date: 04/10/09 TO: Sam Granato, Chief of Police FROM: Cesar Abreu, Crime and Intelligence Analyst Supervisor SUBJECT: Curfew Study The Yakima City Juvenile Arrests were divided into Part I Crimes (Felony Offenses) and Part II Crimes (Misdemeanors). Examples: arrests for violent crimes (homicide, rape, robbery, aggravated assault and simple assault); arrests for property crimes (larceny, burglary and auto theft) and arrests for misdemeanor offenses that include drug/narcotics, weapons violations, and disorder -type offenses such as vandalism, disorderly conduct, liquor violations, drunk in public and trespassing. The final variables are the number of arrests per 1,000 youth in the study age group (i.e., 12 -17) Findings: One of the most conclusive findings was from analyzing and comparing series for arrests of youth ages 11 to 17. The overall findings indicate that arrests increased significantly in a number of crime categories for older youth. The arrest rate for violent crimes and property offenses during the non - curfew hours increased significantly for the juveniles 17 or older noteworthy, at the same time the arrests for these crimes significantly decreased during the proposed curfew hours. A high rate of law violations during school hours exists in the City of Yakima that significantly contributes to the number of incidences of juvenile crime, juvenile violence, and juvenile gang activity. Monitoring and providing constant patrol to the hotspots areas will help combat truancy, thereby reducing juvenile crime, juvenile violence and juvenile gang activity during school hours. Annual Juvenile Arrests 1600 1465 1370 1370 1400 — — — — — 1269 1200 _ — — — — - - - -- - 1073 - - -__ I 1000 - - -- - - -- — t: 800 — — = 600 z 400 — 191 200 -- 0 — — - 2004 2005 2006 2007 2008 2009 Year Subject: Curfew Study The number of arrests for 2009 comprised of 1 Jan to 17 Mar 09. The figure above provides an overview of the number of arrests the City of Yakima for the time period studied. It is no surprise that the number of arrests during non - curfew hours far outnumbers arrests dining the proposed curfew hours for all crimes and age categories. In 2008, the rate of arrest for all juvenile crimes was .012% per person or 12 arrests per 1000 population. The rate of juvenile arrests during the proposed curfew hours was .001% per person or 1 per 1000 population. Arrests conducted during Curfew and Non Curfew Hours: YEAR CF NON -CF Percentage HOURS HOURS Change 2004 231 1234 17% 2005 128 1242 9% 2006 157 1112 12% 2007 255 1115 19% 2008 121 1073 10% 2009 21 191 10% Total 913 5967 13% Annual Arrests CF vs. Non -CF Hours Juveniles 1400 1234 1242 1200-- ttt2 1115 1073 �I 1000 A R 800 R ® CF HOUR E 600 • NCF Hours S T 400 s 231 255 191 20 r ard 21 iv 2004 2005 2006 2007 2008 2009 Year The number of arrests during non - curfew hours far outnumbers arrests during the proposed curfew hours for all crimes and age categories. A disproportionate percentage (13 %) of arrests of youth ages 12 -17 occurred during non - curfew hours versus the proposed curfew hours. Data reviewed from our Records Management System (RMS) indicates that Wednesdays, Thursdays and Fridays have a higher volume of juvenile arrests made in comparison with the rest of the week. In the age category, a spike of arrest is observed in 17 year old juveniles during both curfew and non - curfew hours. The data reflected a somewhat even trend for juveniles ages 16 and 17. 2 Subject: Curfew Study Furthermore, we observe that for 2008, the majority of juvenile arrests are being affected between the hours of 12:00 P.M. to 12:00 A.M. A breakdown of the data depicted that 360 juveniles were arrested from 1:00 P.M. - 4:00 P.M.; 194 juveniles arrested from 4:01 P.M. – 8:00 P.M. and 219 juveniles arrested from 8:01 P.M – 12:00 AM Juvenile Arrests - By Hour During 2008 400 - 360 350 — -- --- — — a 300- m 250 — — --2t9 194 0 200 d 146 150 — 120 Z 100 50 r `" -- 34 -- 0 1-4 AM 5 -8 AM 9 -12 AM 1 -4 PM 5-8 PM 8 -12 PM Time of Arrests In contrast, 120 juveniles were arrested from 0:01 A.M. – 4:00 A.M. hours as depicted below: By Age 2008 Juveniles Arrests During Proposed CF Hours 60 - 53 E II 1I II J -- — — — -- 20 20 10 17` 111 ` 14' 1 g ` 5 3 0 Age ® Times Arrested Taking into consideration the different hours and days of the week where juveniles are being arrested most frequently, we observed that Wednesdays, Thursdays and Fridays consistently were the peak days for juvenile arrests. 3 Subject: Curfew Study Juvenile Arrests by Day of the Week 300 — — 250 220 222 22 3 214 220 207 200 fill 18199 c 1R7 f79- -- ❑ 2005 13939 — 2006 E 150 — 17 -- '— ❑ 2007 z s ❑ 2008 50 -- — 0 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Days of Week Juvenile Arrests During Non - Curfew Hours 400 - 350 3 .311 - - -- -- — 300 286 283 286 — 55 258 251 236 250 — ' - 202 200 - — — — 17 85 195 172 1 150 — -- - 38 10 100 - -- — — — 50 - -- — 6 5 939 0 - 17 16 15 14 13 12 11 2005 286 311 258 170 104 54 20 • 2006 139 188 166 236 195 172 173 0 2007 340 286 251 185 82 39 9 ❑ 2008 283 255 202 138 46 39 11 4 Subject: Curfew Study Age and Year Depicting Juvenile Arrests During Projected CF Hours 70 i 60 59 —54 -- 51 53 w 50 — ❑17 A4 ®16 E Q 40 — ,.. 36 .. -- ❑ 15 C q 33 31 ❑ 14 gk, ��.. 1 4a - - - -- - 2G – ■ 13 Z 20 — 18 17 _ "` 20 D12 — 14 13 011 9 — — 4 5 b 1 0 3 0 MI---. Nor, —� 0 � l 0 2005 2006 2007 2008 017 51 54 59 53 • 16 37 33 _ 44 26 0 1 18 36 31 20 ❑ 14 17 17 14 13 IN 13 4 9 2 5 ❑ 12 1 5 2 3 • 11 0 3 0 0 Year The separate charts included in the body of this report provide a summary of the juveniles arrested during the proposed curfew hours. Considering the time of arrest, the top three ages being arrested were 17, 16 and 15 respectively. The age group of 17 years old was consistently being arrested more frequently than any other age group regardless of time of the day. Further analysis of the data extracted and collated from our RMS indicates that regardless of time of the day or day of the week, the age group most frequently arrested was 17 years old. In the age range between 16 and 15, both age groups were almost identical in the frequency of arrests. I have noticed that the vast majority of "Crime" is committed by a very, very small proportion of the population. Even in the poorest neighborhoods, only a small minority of the population are being documented as committing any crimes. However, analyzing it at an aggregate level, both geographically and temporally (whole years), is muddling up the behavior of this very small proportion of the population with macro- economic /societal trends. While there may be statistical correlations, we have to keep in mind that we are just trying to model this small proportion. 5 Subject: Curfew Study Smooth Comparison 30 30 25 f 20 0 18 — 0001 -0400 g 15 4 2100 -2400 ..o.- 10 1 6 9 5 . 3 0 , Dist 1 Dist 2 Dist 3 Dist 4 Dist 5 Dist 6 Dist 7 Dist 8 Dist 9 The smoothed chart above depicts a comparison of violent crimes committed by juveniles by district and time of occurrence. The below chart provides an overview of all violent crimes committed by juveniles during 2008. Although the chart depicts a spike of crimes in district one, the distribution of serious crimes showed that between the hours of 09:00 A.M. -12:00 P.M., there were 94 violent crimes committed by juveniles: from 1:00 P.M. — 4:00 P.M. there were 140 violent crimes conunitted by juveniles: from 5:00 P.M. — 8:00 P.M. there were 182 violent crimes committed by juveniles and 140 violent crimes committed by juveniles from 9:00 P.M. - 12:00 A.M. A marked decline of major crimes committed by juveniles was observed from 0:01 A.M. to 4:00 A.M. with 47 crimes recorded and from 5:00 A.M. to 8:00 A.M. with 24 violent crimes recorded. The total violent crimes committed by juveniles for 2008 were 627 occurrences. Violent Crimes by juveniles by Districts and time of occurrence 35 30 25 c 20 g 4 ii ,.., ri 1 . , I 10 t - AM 5 � � ■ .1 ,4 0` Dist 1 Dist 2 Dist 3 Dist 4 Dist 5 Dist 6 Dist 7 Dist 8 Dist 9 • 0001 -0400 • 0500 -0800 ❑ 0900 -1200 0 1300 -1600 • 1700 -2000 0 2100 -2400 Descriptive Statistics for Arrest: Total arrests conducted of 12 to 17 year olds, per 1,000 population from 2004 to present: Total juvenile arrests, curfew hrs 913. 6 Subject: Curfew Study Total juvenile arrests, non - curfew hrs 5967. The arrest rate for violent crimes, during proposed curfew lus in 2008 was 6% per 1000 population. Arrest rate for violent crimes, during non - curfew hrs in 2008 was 7% per 1000 population. Arrest rate for property offenses, curfew hrs in 2008 was 3% per 1000 population. Arrest rate for property offenses, non - curfew hrs in 2008 was 12% per 1000 population. Arrest rate for misdemeanor offenses, curfew hrs in 2008 was 4% per 1000 population. Arrest rate for misdemeanor offenses, non - curfew hrs in 2008 was 26% per 1000 population. 2008 Burglary Arrests: • 2008 Juvenile Arrests for Burglary was 38. None were arrested during the proposed Curfew Hours. • 2008 Juvenile Arrests rate for Burglary per dwellings was .001 %. None were arrested during the proposed Curfew Hours • Of those 19 arrests, 50% occurred during school hours during the week while the remaining 50% were divided between 4:00 A.M. to 7:00 A.M. and 4:00 P.M. to 12:00 A.M. • Juveniles made up 73 % of all Burglary arrests in the city in 2008. • 2008 Adult Arrests for Burglary was 52. Adult arrests rate for Burglary per dwellings was .001% as well. A breakdown of the arrests is as follows: 5 burglaries from 0:01A.M.- 4:00 P.M.: 4 burglaries from 4:01 A.M. to 8:00 A.M: 16 burglaries from 8:01A.M. -12:00 P.M.: 12 burglaries from 12:01 A.M. — 4:00 P.M: 5 burglaries from 4:01 P.M. to 8:00 P.M. and 10 burglaries from 8:01P.M. to 12:00 A.M. The total number of adult arrests for 2008 was 5715. The data shows a significant disparity between adult arrests vs. juvenile arrests. The top ten offenses committed by juveniles from Jan 2004 to present were: During Curfew Hours Offense During Non - Curfew Hours 1— Liquor Law Violations 1- Theft — General 2 — Vehicle Code Violations 2 - Vandalism 3 — Vandalism 3 - Vehicle Violations 4 — Missing - Runaway 4 - Misdemeanor Assault 5 — Other Municipal /Code Violations 5 - Possession of Marijuana 6 — Possession of Marijuana 6 - Domestic Violence 7 — Disorderly Conduct 7 - Disorderly Conduct 8 - Theft 8 - Burglary 9 - Misdemeanor Assault 9 - Liquor Laws Violations 10 — Domestic Violence 10 - Other Drug Violations YPD Monthly patterns: Analysis conducted of monthly patterns, the smallest data period that I examined, allowed me to account for seasonal variations. Also, it allowed for analysis of short-term changes. Observation indicated a rather stable yearly cluster patterns, and even the six -month clusters. can mask month -to -month variation. Graphic presentation of maps involving large number of months is cumbersome and multiple maps would be needed to demonstrate the patterns, as a result, no maps for this section are provided. The data extracted from the YPD's RMS provided the following statistical information: • Juvenile delinquency increases proportionally with age between the ages of 11 and 17 years. 7 Subject: Curfew Study • In 2008, Yakima Police Department recorded 1073 juvenile arrests, including sex offenses. robberies, burglaries offenses and aggravated assaults • In 2007, there were 1370 juvenile arrests, including murders. sex offenses. robberies, burglaries offenses and aggravated assaults. Juvenile Citations by 200 — Year and Day of the Week 1501 - i 100 — .ci ii 50 . - i 0 S M T ' W TH FR SA 012009 9 19 23 15 20 38 17 ■ 200 61 94 143 135 109 135 87 ❑ 200 95 106 136 131 172 150 91 ❑ 200 96 69 133 136 111 121 96 1 200 85 116 133 118 97 107 101 0 200 88 79 93 120 109 135 88 i 8 Subject: Curfew Study Y Yearly Juvenile Citations 1000 - 900 -. 881 - - - - -- - — 800 757 761 -__._ ._--- -- 784 - - - -- - - _ -_ -- --- - - - --- 712 700 - -- -- -- - --_........__._.- --- -- -- ----- -- ----- - --- -- .1 600 - -- A 500 .. -__- JA • • 400 300 __. - 200 - - 141 100 .- .- ._..._.. -_ -. -- . -_ - - -- ---- - - -- -- -- -- ... -- - --- 0 2004 2005 2006 2007 2008 2009 Year 2008 Part I Crimes by Juveniles. These charts document the occurrences by districts and the average associated with the time of occurrences: 2008 Part I Crimes by Juveniles 80 70 - -- — 60 - I 30 20 — — 11-1; 0 Dist 9 Dist 8 Dist 7 Dist 6 Dist 5 Dist 4 Dist 3 Dist 2 Dist 1 Districts 0 0001 -0400 ■0401 -0800 00801 -1200 01201 -1600 ■1601 -2000 02001 -2400 9 Subject: Curfew Study Average Part I Crimes by time of occurrences for 2008 45.0 — - - -- - - -- 42.1 --- 40.0 40.0 - F 35.0 E Q 30.0 11..3 - - - - — — 26.9 U E 25.0 - — N C 20.0 15.0 10.9 10.0 6.9 5.0 - -- 0.0 - - - -- 0001 -0400 0401 - 0800 0801 -1200 1201 -1600 1601 -2000 2001 -2400 Time of the Day Frequency Polygon - Vandalism Arrests 2007 - 2008 700 661 600 - - - -- 500 Q 400 ,10 - -- 2008 300 291 2007 Z 200 240 88 110 100 22 0 - 16 85 38 0001 -0400 0401 - 0800 0801 -1200 1201 -1600 1601 -2000 2001 -2400 Time of the Day The Spatial Analysis: The objective of the spatial analysis is to examine whether the proposed curfew will affect the dynamics in areas of high crime concentration. This analysis will answer the following questions: 1) Did we observe any crime clustering in hotspot areas during the proposed curfew hours? 2) Has there been a transfer in any hotspot areas in the recent past? 3) If there was a marked reduction of juveniles' hotspots area, what was the outcome of previous studies? 4) Based on the research, will the examination of proposed curfew hour hotspot areas generate any hypotheses regarding behavior or victimization of youth and young adults? The design is based on the creation of geographic information system (GIS) that plots the spatial location of the victimization events that occurred to youth between the 10 Subject: Curfew Study ages 11 and 17. Curfews are designed to stop behaviors (i.e. loitering or hanging out in groups in public spaces.) We must then hypothesize that if the curfew is implemented, patterns of victimization events would change more extensively in high crime areas than elsewhere after the curfew is implemented. Various high concentration areas were identified using an excel spreadsheet and the application of a methodology learned to discover Nearest Neighbor clustering technique. The Nearest Neighbor clustering is a hierarchical technique that begins by assembling points based on the next closest point (Nearest Neighbor). The police districts with the most concentration of juvenile crimes were 4, 3 and 2. The hotspots that are identified in this analysis are all located within these police districts. The analysis indicates that the clusters are constant and they remain very stable over the previous years. There is some movement, but looking closely to the data, we can discern that almost all hotspots locations were very active in more than one year; some of the locations were active for much longer than a year, giving an indication that crime was much higher in these locations. Looking at the correlation at an aggregate level will not tell you anything about the reason the relationship exists. Nevertheless, supposing there is a positive relationship between crime and the economy, I will then suggest that drug sales will continue to increase; therefore, juveniles and gangs will become more aggressive about their business, which, in turn, causes more crimes. As we have been reading, more `bad guys' from abroad arrive and commit more crimes. Young offenders get part-time jobs and will start driving more, thus committing more crimes in other places than where they live and where there are more opportunities. We also need to realize that during bad economic times, more people can not earn a living and turn to crime instead. Alcoholism and drug use increases encouraging criminal behavior; lastly, during economic downturns, gangs get more social power because they are seen as vehicles for getting out of poverty. Hence, recruitment - into gangs in - _._ - which, in turn, causes more crime. Cesar • - Supervisor Crime Intelligence Analyst Unit Yakima Police Department 11 ORDINANCE NO. 2009- AN ORDINANCE relating to Public Safety; enacting Chapter 6.09 of the City of Yakima Municipal Code, entitled, "Curfew Hours for Minors and Parental Responsibility," which contains applicable definitions, describes offenses, enumerates defenses, provides a temporary custody procedure, describes an infraction penalty amount, and provides for ongoing evaluation by a Council appointed committee. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 6.09 of the City of Yakima Municipal Code is hereby enacted as a new chapter to read as follows: "CHAPTER 6.09 CURFEW HOURS FOR MINORS AND PARENTAL RESPONSIBILITY Sections: 6.09.010 Definitions 6.09.020 Offenses 6.09.030 Defenses • 6.09.040 Enforcement • 6.09.050 Temporary custody procedures 6.09.060 Violations 6.09.070 Severability 6.09.080 Third party liability 6.09.090 Evaluation 6.09.100 Effective date and expiration 6.09.010 Definitions. The following definitions apply to this Chapter: A. "Curfew hours" means 12:00 p.m. until 5:00 a.m. 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. "Errand" means to take a short trip to perform a specific task at the direction of the minor's parent or guardian. cim/ordinance /curfew/ page 1 of 8 D. "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. E. "Extended family members" means grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin, who is not a minor and with whom the minor has a relationship and is comfortable with and who is willing and available to care for the child. F. "Guardian" means: 1. A person who, under court order, is the guardian of the person of a minor; or 2. A public or private agency with whom a minor has been placed by a court; or 3. A person at least 18 years of age who is authorized by a parent or legal guardian to have the care and custody of a minor. G. "Interstate travel" means transportation between states of the United States or between a state of the United States and a foreign country, to which travel . through the City of Yakima is merely incidental. H. "Intrastate travel" means transportation between locations with the state of Washington, to which any travel through the City of Yakima is merely incidental. I. "Minor" means any person under the age of 18 years old. J. "Operator" means any individual; firm, association, partnership, or corporation operating, managing, or conducting any establishment open during curfew hours. The term includes the members or partners of an association or partnership and the officers of a corporation. K. "Parent" means a person who is a natural parent, adoptive parent, judicially appointed legal guardian, foster parent, or step - parent of another person. L. "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, sidewalks, alleys, parking lots, office buildings, transport facilities, shops, and automobiles (whether moving or not). M. "Remain" means to fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. N. "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. cim /ordinance /curfew/ page 2 of 8 O. "Errand at the direction of the minor's parent or guardian, or other adult person having custody or control of the minor" means a short trip in duration of time or distance taken to perform a specified task, for or on behalf of a person who is the minor's parent or guardian, or other adult person having custody or control of the minor. It shall be conclusively presumed that an errand was taken on behalf of a person who is the minor's parent or guardian, or other adult person having custody or control of the minor, if such person (who is the minor's parent or guardian, or other adult person having custody or control of the minor) states that the minor was, at the time in question, on an errand on his /her behalf. (Ord. _-2009 §_, 2009; passed • , 2009). 6.09.020 Offenses. A. A minor commits an offense if he or she goes to, is at, or remains in any public place or on the premises of any establishment within the City of Yakima - during curfew hours. B. A parent or guardian of a minor commits an offense if he or she knowingly permits, or, by insufficient lawful control, allows the minor to go to, be at, or remain in any public place or on the premises of any establishment within the City of Yakima within the curfew hours. C. A parent or guardian commits an offense if he or she fails to appear to take the minor into custody after contact from a Yakima police officer pursuant to the Temporary Custody Procedure. • D. A person or operator, as defined herein, commits an offense if that person or operator encourages, or affirmatively facilitates, a violation of this Chapter by a minor. (Ord. _-2009 §_, 2009; passed , 2009). 6.09.030 Defenses. A. It is a defense that the minor was: 1. Accompanied by the minor's parent, guardian, or extended family member who is not also a minor; or 2. On an errand at the direction of the minor's parent or guardian, without any unnecessary detour or stop; or 3. In a motor vehicle involved in interstate or intrastate travel; or 4. Engaged in a legal employment activity, or going to or returning home from a legal employment activity without any unnecessary detour or stop; or • cim /ordinance /curfew/ page 3 of 8 • 5. Involved in an emergency; or 6. On the sidewalk, abutting the minor's residence or abutting the residence of a next -door neighbor, if the neighbor did not complain to the Yakima Police Department, or other authorized law enforcement agency about the minor's presence; or 7. Attending, going to, or returning home, without any detour or unnecessary stop, from an official school, religious, or other activity supervised by adults, or sponsored by any of the following: City of Yakima, a civic organization, the Boys and Girls Clubs, the YWCA, the YMCA, or another similar entity which takes responsibility for the minor and provides adult supervision; or 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. Married and thus has achieved the age of majority pursuant to the Revised Code of Washington.(RCW) 26.28.020, or has become emancipated in accordance with RCW 13.64.060(2); or 10. Engaged in lawful commercial activity which is commenced prior to curfew hours and the minor proceeds directly home upon termination of the commercial activity. 11. Going to or returning from the residence of another with the knowledge and consent of the juvenile's parent or guardian without any detour or stop. B. It is a defense to this Chapter that the parent or guardian is reasonably hindered to such a degree that he /she is unable to appear and take custody of the minor after being requested to do so. C. It is a defense to prosecution under this Chapter, that a person or operator of an establishment promptly notified the police department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave. D. It shall not be a violation of this Chapter when any parent or guardian or other responsible adult, unable to control the whereabouts and activities of a juvenile in their care, custody, or control has contacted the Yakima Police Department or another law enforcement agency and reported such juvenile as possibly appearing in locations and at times that would violate this Chapter. (Ord. _-2009 §_, 2009; passed , 2009). cim /ordinance /curfew/ page 4 of 8 6.09.040 Enforcement. Before taking any enforcement action under this section, a Yakima Police Department Officer or other law enforcement personnel shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or take further action under this section unless the officer • reasonably believes an offense has occurred, and that, based on any response and other circumstances, no defense under Section 6.09.030 is present. No citation shall be issued until attempts have been made to place the minor according to the Temporary Custody Procedure. (Ord. _- 2009 §_, 2009; passed 2009). 6.09.050 Temporary Custody Procedure. A Yakima Police Officer who reasonably believes that a minor is violating any of the provisions as described in Section 6.09.020 shall have authority to take the minor into custody, shall inform the minor of the reason(s) for such custody, and may demand that the parent or guardian appear and take custody of the minor. Should the parent, guardian, custodian, or other adult person having custody or control of such minor not appear, or should the officer otherwise deem appropriate, the officer shall deliver, or arrange to deliver, the minor as follows: A. To minor's parent, guardian, custodian, or other adult person having custody or control of such minor. The officer releasing a minor into the custody of an adult person having custody or control shall inform the adult of the reason(s) for the taking of the minor into custody and shall inform the minor and the responsible adult of the nature and location of appropriate services available in the community; or B. The officer may take the minor to the home of an adult extended family member after attempting to notify the parent, guardian, or custodian. In the event that A and B are not appropriate under the circumstances, the officer may deliver the minor to either the following: C. After attempting to notify the parent or guardian, the officer may take the minor to a designated crisis residential center's secure facility, or a center's semi- secure facility if the secure facility is full, not available, or not located within a reasonable distance; (i) If . a minor expresses fear or distress at the prospect of being returned to his or her home which leaves the deputy to believe there is a possibility that the minor is experiencing some type of child abuse or negligence, as defined in RCW 26.44.020; or (ii) If it is not practical to transport the juvenile to his or her home or place of the parent or guardian's employment; or (iii) If there is no parent or guardian available to accept custody of the child; or cim /ordinance /curfew/ page 5 of 8 D. After attempting to notify the parent or guardian, if a crisis residential center is full, not available, or not located within a reasonable distance, the deputy may request the Department of Social and Health Services to accept custody of a child. If the Department determines that an appropriate placement is currently available, the Department shall accept custody and place the juvenile in an out - of -home placement. If the Department declines to accept custody of the juvenile, the officer may release the juvenile after attempting to take the juvenile to the following, in the order listed: (i) The home of an adult extended family member; (ii) A responsible adult; or (iii) A licensed youth shelter. E. In the event the parent fails to appear, the minor is to be referred to the Department of Social and Health Services for consideration of further intervention and /or placement services. (Ord. _-2009 §_, 2009; passed , 2009). 6.09.060 Violations. A. A violation of any of the provisions of this Chapter is designated a civil infraction. B. A person found to have committed an infraction under this Chapter may be assessed a monetary penalty. No penalty may exceed $250.00 for each offense, including all statutory assessments and costs. In lieu of payment for all or part of the monetary penalty, the court may provide for the performance of community service. (Ord. _-2009 §_, 2009; passed , 2009). 6.09.070 Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this Chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Chapter or its application to any other person or situation. The Yakima City Council hereby declares that it would , have adopted this Chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. (Ord. _-2009 §_, 2009; passed , 2009). cim /ordinance /curfew/ page 6 of 8 6.09.080 Third Party Liability. It is expressly the purpose of this Chapter to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Chapter. It is the specific intent of this Chapter that no provision or term used in this Chapter is intended to impose any duty whatsoever upon the City of Yakima or any of its officers or employees, for whom the implementation and enforcement of this Chapter, shall be discretionary and not mandatory. Nothing contained in this Chapter is intended nor shall be construed to create or form the basis of any liability on the part of the City of Yakima, its officers, employees, or agents, for any injury or damage resulting from any action or inaction on the part of the City of Yakima related in any manner to the enforcement of this Chapter by its officers, employees or agents. • (Ord. _ -2009 §_, 2009; passed , 2009). 6.09.090 Evaluations. . . A. This Chapter and the need for it shall be reviewed at the end of each renewal period, or more often at the request of a quorum of the Yakima City Council, by November ,1 of the year in which this Chapter expires. The Yakima City Attorney shall review this Chapter and report and make recommendations to the Yakima City Council concerning the effectiveness of and the continuing need for this Chapter. The report shall include, but not be limited to, the following information: 1. The practicality of enforcing the Chapter and any problems with enforcement identified by the Yakima Police Department. 2. The impact of this Chapter and support programs on juvenile crime statistics and the public perception of juvenile crime and victimization. 3. Number of juveniles taken into custody for curfew violations. 4. Number of official citizen complaints filed regarding the enforcement of • this Chapter. B. Committee Review. As part of the evaluation process, the Yakima City Council shall appoint a committee with a representative from the City of Yakima Legal Department, Yakima County Juvenile Court, the Yakima County Human Services Department, a provider of services to juveniles, and other individuals, as deemed appropriate by the City Council. This committee shall review implementation of this Chapter and report to the Yakima City Council. The report shall be issued once a year, by November 1, and shall include the following information: cim/ordinance /curfew/ page 7 of 8 1. An assessment of the impacts of this Chapter and programs on the furtherance of the goals and objectives of reducing juvenile crime and victimization. 2. The effectiveness of the youth /family support programs offered in support of the curfew Chapter. 3. Review and analysis of statistical data regarding the number of juveniles taken into custody identified based on gender and racial ethnic background to ensure a non - discriminatory impact on any particular group of minor. (Ord. _-2009 §_, 2009;. passed , 2009). 6.09.100 Effective date and expiration. This Chapter shall expire on unless, prior to that date, the Yakima City Council by a quorum vote, extends this Chapter to a date certain." (Ord. _-2009 §_, 2009; passed , 2009). • Section 2. 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 day of 2009. ATTEST: David Edler, Mayor City Clerk Publication Date: Effective Date: cim /ordinance /curfew/ page 8 of 8 ORDINANCE NO. 2009- AN ORDINANCE relating to public safety; repealing Chapter 6.09 of the City of Yakima Municipal Code entitled Juvenile Curfew and Parental Responsibility. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 6.09 of the City of Yakima Municipal Code entitled Juvenile Curfew and Parental Responsibility which reads as follows is hereby repealed; "Chapter 6.09 JUVENILE CURFEW AND PARENTAL RESPONSIBILITY Sections: 6.09.010 Definitions. 6.09.020 Juvenile curfew. 6.09.030 Parental responsibility. 6.09.040 Severability. 6.09.010 Definitions. As used in this section, the following words shall have the following meanings: (a) "Curfew hours" means: (1) Eleven -thirty p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until five a.m. of the following day; and (2) 12:01 a.m. until five 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 eighteen 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, cim/Repeal Curfew Ordinance /page 1 of 4 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. - 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) of this section that the juvenile was: (1) Accompanied by the juvenile's parent or guardian or any other person 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 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; (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 year period shall be fifty dollars; for a second offense within a one year period the cim /Repeal Curfew Ordinance /page 2 of 4 penalty shall be one hundred dollars; and for a third or subsequent violation within a one year period, the penalty shall be two hundred dollars. 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) of this section that the juvenile was: (1) Accompanied by the juvenile's parent, guardian, or any other person 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 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; (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 -year period shall be one hundred dollars; for a second offense within a one- year period the penalty shall be two hundred fifty dollars; and for a third or cim /Repeal Curfew Ordinance /page 3 of 4 subsequent violation within a one -year period, the penalty shall be five hundred dollars. 6.09.040 Severability. Each separate provision of this chapter shall be deemed independent of all other provisions. If any provision of this chapter, or part thereof, be declared invalid, all other provisions, or parts thereof, shall remain valid and enforceable." Section 2. 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 day of April, 2009. ATTEST: David Edler, Mayor Debbie Moore Publication Date: Effective Date: cim /Repeal Curfew Ordinance /page 4 of 4 CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street, Yakima, WA 98901 -2830 (Phone) 509= 575-6033 (Fax) 509 -575 -6160 MEMORANDUM February 13, 2009 TO: David Ed ler, Honorable Mayor Yakima City Council Members Dick Zais, Yakima City Manger FROM: Cynthia I. Martinez, Senior Assistant City Attorney - -- SUBJECT: Legal Analysis of the Proposed Juvenile Curfew Ordinance Introduction: This memo is an update to a memo dated May 11, 2006 regarding a proposed juvenile curfew. Since that time there have been no new cases of note regarding juvenile curfews. My recollection is that the 2006 curfew effort was stalled due to lack of supporting statistics. At the time, although Sgt. Brenda George put together some useful statistics, we found that the Yakima Police Department was not tracking the sort of data that may support a juvenile curfew. For example, Yakima collects data on gang related crime but does not track whether crime is . being committed by a juvenile or involves a juvenile. I have met with Cesar Abreu, Yakima Police Department Crime and Intelligence Analyst, regarding the compiling of data pertaining to juvenile crime. He explained that the Yakima Police Department RMS system is not designed to allow him to easily compile statistics. It will take time for him to pull a report together. Before the Yakima City Council acts, it is recommended that the relevant data be reviewed to determine if the statistics support the need for a juvenile curfew and ensure the ordinance is narrowly tailored to meet the identified need. I understand that a Walla Walla juvenile curfew was mentioned at the City Council business meeting. I have reviewed the Walla Walla Municipal Code and talked to Preston Frederickson at the Walla Walla City Attorney's office about the existence of a juvenile curfew. The City of Walla Walla does not have a juvenile curfew. They do have a crime entitled, "Failure to supervise child." See attached. Mr. Fredrickson explained that they have successfully* prosecuted parents for failing to supervise their minor children. He recounted a recent case in which a high school student was pointing a laser during a basketball game at Memo to Mayor, Yakima City Council and Dick Zais February 13, 2009 Page -2 the opposing team players. The student was sitting next to his mother while engaging in this behavior which is prohibited by the Walla Walla Municipal Code. The mother was charged and convicted of failing to supervise her child. The City of Yakima Municipal Code currently contains a juvenile curfew ordinance (see attached A) which has not been enforced since the 2003 Washington Supreme Court decision of City of Sumner v. Walsh.' City of Sumner v. Walsh: The Washington Supreme Court found the City of Sumner's Juvenile Curfew Ordinance unconstitutional in a 2003 decision. When analyzing the ordinance, the majority of the Sumner Court applied the most stringent constitutional test, the strict scrutiny test. Strict scrutiny was applied because the ordinance infringed upon the fundamental right to move freely in a public place. Specifically, the Sumner Court found . the ordinance to be unconstitutionally vague because there were a number of terms undefined or inadequately defined. In a concurring opinion, a majority of the Court also found the ordinance overbroad because the ordinance was not narrowly tailored to meet a compelling state purpose. The . Sumner Court was concerned that the City of Sumner ordinance criminalized innocent conduct. The Sumner Court attempted to provide some guidance as to how an ordinance may be drafted to meet constitutional muster. In the concurring opinion joined by four (4) Justices, the Court states, "Certainly, a narrow and constitutionally permissible curfew could be crafted to meet a compelling need to address high crime, drug use, congregation, or runaways, or other specific problem in a specific area. However, given constitutional protections, a permanent, blanket curfew covering every public place in a jurisdiction and every young person within that jurisdiction will unlikely ever satisfy the narrowly tailored test." In light of Sumner v. Walsh, a Juvenile curfew ordinance that may pass constitutional muster should contain: 1. Adequately defined terms. 2. Exceptions to cover constitutionally protected behavior. 3. A stated compelling government interest that is backed with data. 4. A narrowly defined time and area that fits the data. 5. A system for periodic review. • ' City of Sumner v. Walsh , 148 Wn.2d 490(2003). 2 City of Sumner v. Walsh, 148 Wn.2d 490, footnote 5 concurring opinion, (2003). • Memo to Mayor, Yakima City Council and Dick Zais February 13, 2009 Page - 3 When we last attempted to draft a curfew ordinance, the crime pattern statistics did not support a juvenile curfew. A search of the pertinent crime patterns today may yield a different result. Furthermore, the gang unit may have collected relevant data on juvenile gang criminal activity. A summary of reports detailing juvenile gang criminal activity during the targeted hours and in the targeted locations may constitute the compelling data needed to satisfy the courts. The Supreme Court: Sumner v. Walsh was a 5 to 4 decision. Since the Sumner v. Walsh opinion, two members of the Supreme Court, Justice Charles Smith and Justice Faith Ireland, have been replaced. Looking at other recent constitutionally significant court decisions, I believe the philosophies of the two new justices, in regards to this issue, have not significantly changed the makeup of the Supreme Court. In other words, if Sumner v. Walsh were argued before the Supreme Court today, the result would probably be the same. The City of Tacoma Juvenile Curfew Ordinance: The City of Tacoma, the City of Toppenish and the City of Grandview have each adopted a juvenile curfew ordinance since the Sumner v. Walsh opinion. Attached is copy of the ordinance for the City " of Tacoma (the Toppenish ordinance was modeled after the Tacoma ordinance). The City of Grandview has taken a slightly different approach by choosing to fine only the parent instead of the juvenile. - Attached is a copy of the Grandview ordinance. The City of Tacoma ordinance endeavors to meet the constitutional requirements presented in Sumner v. Walsh, however, it applies to the entire city and to every juvenile; two conditions the Supreme Court expressly disfavored. A curfew violation in the City of Tacoma is a civil infraction. The Tacoma Ordinance also contains a parental responsibility component and a plan for periodic review. Tacoma has an advisory panel that performs a periodic review to determine the continuing need for the curfew ordinance. A reviewed of the 2007 advisory panel report evaluating Tacoma's curfew ordinance reveals, like Yakima, Tacoma's data supports a curfew during the after - school hours (2 to 6 pm). Tacoma looks to the location of violent crimes occurring at night and the hours of juvenile victimization to support the imposition of a curfew. Three out of the top five violent crime locations at night are covered by the Tacoma curfew. Recent Tacoma statistics indicate low juvenile victimization at night. The review committee attributes the low victimization numbers to the curfew, stating that they would expect to see a spike in juvenile victimization if the curfew were abolished. This conclusion is not supported by any data. • Memo to Mayor, Yakima City Council and Dick Zais February 13, 2009 Page - 4 In 2006, I spoke to the Chief Pierce County Juvenile Court Prosecutor, Fred Wist, regarding enforcement of the City of Tacoma curfew ordinance. He stated that the Pierce County Prosecutor declines to prosecute any non - traffic infractions committed by juveniles. His office does defend "Teny stops" for the purpose of investigating suspected curfew violations. A call last week revealed no change to this policy by the Pierce County Prosecutor. I asked if they had received any serious legal challenge to the Teny stops based on curfew and I was told that they are just not seeing Terry stops based on curfew violations. I also spoke with Jean Hayes, she 'is the supervisor of the City of Tacoma's prosecutor's office, in 2006 she explained that Tacoma police officers generally bring violating juveniles home and that her office sends a letter to the juvenile's parents informing them of the juvenile curfew ordinance. In a recent conversation with Ms. Hayes, she stated that she was not aware of a parent being cited for violating the curfew and explains that they are no longer sending out the letter to parents. If the Council is convinced that there is data to support the adoption of a juvenile curfew, I would recommend we follow the Tacoma model. Attached is a preliminary draft of a Yakima Juvenile Curfew Ordinance. That is not to say that the Tacoma model is safe. Curfews are clearly not favored. by the Washington Supreme Court. Legal uncertainty and the possibility of civil liability come with any curfew enacted and enforced in the State of Washington. Issues to Consider: Seizure: The law is very specific as to what steps an officer must take when contacting a juvenile. If an officer reasonably believes, a juvenile is violating a local curfew, an officer can only detain the individual long enough to determine if a violation has occurred. Once a violation is confirmed, the officer shall take the juvenile into custody. Detention: The Revised Code of Washington is very clear on the procedure an officer must follow once a juvenile is taken into custody. The officer shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination. The officer must first attempt to take the child to his or her home or to a parent at their work place. The parent may request the officer take the child to a family member or other responsible adult if within a reasonable distance. The officer must also inform everyone the reason for taking the child and the nature and RCW 13.32A.050 4 RCW 13.32A.050(2) -(7) and RCW 13.32A.060 Memo to Mayor, Yakima City Council and Dick Zais February 13, 2009 Page - 5 location of appropriate services available in the community. If the officer cannot notify the parent, the child goes to a designated crisis residential center's secure facility, or semi- secure facility, or to the department! and 7 If the department refuses custody, the officer must attempt in this order: home of an adult extended family member; .a responsible adult; or a licensed youth shelter. The impending CRC eliminates one of these options. Depending on where the child is placed, there are other procedures an officer must follow. There is nothing in the statute that would allow an officer to transport a child to the police station for holding /detention until parents are found. Jurisdiction: The City of Yakima Municipal Court does not have jurisdiction over juveniles for non - traffic matters. Therefore, the City of Yakima would have to rely on the County Prosecutor to prosecute violations of the curfew law against the juveniles. Civil Liability: If the City of Yakima adopts and enforces a juvenile curfew ordinance and the ordinance is found unconstitutional, the City of Yakima may be exposed to a civil liability lawsuit. Curfew ordinances have also been challenged in the Federal Courts, for example in Nunez v. City of San Diego, 114 F.3d 935 1997, the City of San Diego was sued under the Federal Code 42 U.S.C. § 1983. The United States Ninth Circuit Court of Appeals concluded that the City of San Diego's curfew ordinance was not constitutional because it was not narrowly tailored and did not have adequate exceptions to authorize legitimate activity. In a § 1983 lawsuit, plaintiffs receive an award of attorney fees if they prevail. In addition under certain circumstances, plaintiffs are able to request punitive damages in a § 1983 lawsuit. cc: Jeff Cutter, City Attorney Sam Granato, Chief of Police Dave Zabell, Assistant City Manager 5 RCW 13.32A.060 (1)(a) 6 Department refers to DSHS, RCW 13.32A.030(9) RCW 13.32A.060 1(a) RCW 13.32A.060 1(c) 9 RCW 13.32A.060. 10 Bronson Faul, Assistant City Attorney, researched the seizure and detention issues for this memorandum. Juvenile Curfews Page 1 of 2 • r M unicipal Research aryl Services. Center of Washington Working Together for Excellence in Local Government Updated 07/03 Juvenile Curfews Robert R. Meinig MRSC Legal Consultant Revised July 2003 In Washington State, the enactment of juvenile curfews and Iraren'taI responsibility ordinances has been accompanied by concerns about their validity ever since the state supreme court's 1973 decision in Seattle v. Pullman, 82 Wn.2d 794 (1973). In that decision, the court held a Seattle curfew ordinance to be unconstitutional, while stating that juvenile curfew ordinances "may be permissible where they are specific in their prohibitions and necessary in curing a demonstrated social evil." In 1994, the Washington State Legislature provided specific statutory authority for cities and towns to enact juvenile curfews "for the purpose of preserving the public safety or reducing acts of violence by or against juveniles at such rates as to be beyond the capacity of the police to assure public safety." RCW 35.21.635; RCW 35A.11.210; RCW 13.32A.050. These "statutes prohibit criminal penalties for curfew violations. Despite legislative approval, curfew ordinances have not fared well in Washington courts. In January 2003, the state supreme court in City of Sumner v. Walsh, 148 Wn.2d 490 (2003), invalidated Sumner's juvenile curfew and parental responsibility ordinance on the ground that it was unconstitutionally vague. The court held that Sumner's ordinance, which makes it unlawful for juveniles to "remain" in a public place during certain hours, was unconstitutionally vague because "it does not provide 'ascertainable standards for locating the line between innocent and unlawful behavior'." The court noted that "it may be difficult for a city to draft a curfew ordinance that is not unconstitutionally vague." The court did not address the other constitutional arguments raised by the plaintiff. Previously, in June 1997, Division One of the Washington State Court of Appeals held that the City of Bellingham's juvenile curfew ordinance "infringes on minors' fundamental freedom of movement and expression and is not narrowly tailored to address the problem of juvenile crime" and is unconstitutionally vague. State v. J.D., 86 Wn. App. 501 (1997). Under the Bellingham ordinance, minors 15 years old or younger were prohibited from being in any public area of the city's central business district between 10 p.m. and 5 a.m. Sunday through Thursday and 11 p.m. to 5 a.m. Friday and Saturday. Minors in certain specified situations were exempt from the curfew. Shortly after the state court of appeals decision in State v. J.D., the Ninth Circuit Court of Appeals declared a City of San Diego, California juvenile curfew ordinance to be unconstitutional for reasons similar to those relied upon by the state court of appeals in State v. J.D. See Nunez v. City of San Diego, 114 F.3d 935 (9th Cir. 1997). Nevertheless, curfew ordinances have survived judicial scrutiny in other jurisdictions. For example, in Qutb v. Strauss, 11 F.3d 488 (5th Cir. 1993), cert. denied, 511 U.S. 1127 (1994), the Fifth Circuit Court of Appeals upheld a Dallas, Texas juvenile curfew ordinance, rejecting a challenge based upon grounds of equal protection and a parent's right to rear children without undue governmental interference. The court decisions from this state and the Ninth Circuit (in which Washington State is located) striking down juvenile curfew ordinances call into question the constitutional validity of the curfew and parental http: / /www.mrsc.org/ Subjects /Legal /curfew /juvenile.aspx 2/5/2009 Juvenile Curfews Page 2 of 2 responsibility ordinances that have been enacted by many cities and towns in this state. Nevertheless, they do not close the door entirely on the possibility of enacting a valid juvenile curfew or parental responsibility ordinance. If a city or town has enacted or is considering enacting a curfew or parental responsibility ordinance, MRSC recommends that the city or town attorney beconsulted concerning the impact of these court decisions, on whether there may be sufficient legal justification for a juvenile curfew, and on how an ordinance may be properly crafted or amended to comply with constitutional limitations. http : / /www.mrsc.org /Subjects/Legal /curfew /juvenile.aspx 2/5/2009 Chapter 9.13 OFFENSES AGAINST PUBLIC ORDER Page 1. of 1 To u Chapter 9.13 OFFENSES AGAINST PUBLIC ORDER Sections: 9.13.010 Disruption of school activities. 9.13.020 Littering. 9.13.030 Failure to supervise child unlawful. 9.13.040 Violation — Penalty. 9.13.010 Disruption of school activities. A person is guilty of disruption of school activities if he or she comes into, or remains in, any school building or classroom, upon any school ground, or street, sidewalk, or public way adjacent thereto, and intentionally causes undue disruption of the activities of the school. Disruption of school activities is a misdemeanor. (Ord. 94 -34 § 1(part), 1994). 9.13.020 Littering. It is unlawful for any person to wilfully or negligently throw from any vehicle, or to place or deposit upon or along any street or alley, upon public or private property, excepting containers provided therefor, any debris, paper, litter, glass bottle, glass, can, nail, tack, wire, trash or garbage, lighted materials, or other waste substance. Littering is a misdemeanor. (Ord. 94 -34 § 1(part), 1994). 9.13.030 Failure to supervise child unlawful. It is unlawful for any parent, parents, or legal guardians, or any other person having the care or custody of a child under the age of eighteen, to fail to properly supervise and care for such child, if such failure of supervision or care contributes to the child violating any law of the United States, state of Washington, or any ordinance of the city or county. Failure to supervise a child is a misdemeanor. (Ord. 94 -34 § 1(part), 1994). 9.13.040 Violation — Penalty. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in Section 1.24.010. of this code. (Ord. 94 -34 § 1 (part), 1994). s:3 http : / /www. codepublishing. corn /WA/ WallaWalla /wallawalla09 /wallawall a0913 .html 2/11/2009 Chapter 8.109 CURFEW HOURS FOR MINORS Sections: 8.109.010 Definitions. 8.109.020 Offenses. 8.109.030 Defenses. 8.109.040 Enforcement. 8.109.050 Temporary custody procedure. 8.109.0'60 Violations. 8.109.070 Severability. 8:109.080 Third party liability. 8.109.090 Evaluation. 8.109.100 Effective date and expiration. 8.109.010 Definitions. In this section: A. "Curfew hours" means 12:01 a.m. until 6:00 a.m. 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. "Errand" means to take a short trip to perform a specific task at the direction of the minor's parent or guardian. D. "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. E. "Extended family members" means grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin who is not a minor and with whom the minor has a relationship and is comfortable with and who is willing and available to care for the child. F. "Guardian" means: 1. A person who, under court order, is the guardian of the person of a minor; or 2. A public or private agency with whom a minor has been placed by a court; or • 3. A person at least 18 years of age who is authorized by a parent or legal guardian to have the care and custody of a minor. G. "Minor" means any person under 18 years of age. H. "Operator" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment open during curfew hours. The term includes the members or partners of an association or partnership and the officers of a corporation. I. "Parent" means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person. J. "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, Ike ei1449- hospitals, apartment houses, sidewalks, alleys, parking lots, office buildings, transport facilities, and shops. K. "Remain" means to fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. L. "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. (Ord. 27112 § 1; passed Jul. 1, 2003: Ord. 25832 § 1; passed Jan. 23, 1996: Ord. 25629 § 1; passed Nov. 15, 1994) 8.109.020 Offenses. A. A minor commits an offense if he or she goes to, is at, or remains in any public place or on the premises of any establishment within the City during curfew hours. B. A parent or guardian of a minor commits an offense if he or she knowingly permits, or, by insufficient lawful control, allows the minor to go to, be at, or remain in any public place or on the . premises of any establishment within the curfew hours. C. A parent or guardian commits an offense if he or she fails to appear to take the minor into custody after contact from a Tacoma police officer, pursuant to the Temporary Custody Procedure. D. A person or operator, as defined herein, commits an offense if that person or operator encourages, or affirmatively facilitates, a violation of this chapter by a minor. (Ord. 27112 § 2; passed Jul. 1, 2003: Ord. 25832 § 1; passed Jan. 23, 1996: Ord. 25629 § 1; passed Nov. 15, 1994) 8.109.030 Defenses. A. It is a defense that the minor was: 1. Accompanied by the minor's parent, guardian, or extended family member who is not also a minor; or Tacoma Municipal Code City Clerk's Office 8 -113 (Revised 11/2008) 2. On an errand .at the direction of the minor's parent or guardian, without any unnecessary detour or stop; or 3. In a motor vehicle involved in interstate travel; or 4. Engaged in a legal employment activity, or going to or returning home from a legal employment . activity without any unnecessary detour or stop; or 5. Involved in an emergency; or 6. On the sidewalk abutting the minor's residence or abutting the residence of a next -door neighbor, if the neighbor did not complain to the police department about the minor's presence; or 7. Attending, going to, or returning home, without any detour or unnecessary stop, from an official school, religious, or other activity supervised by adults or sponsored by any of the following: the City of Tacoma, a civic organization, the Boys and Girls Clubs, the YWCA, the YMCA, Pierce County, Metropolitan Park District of Tacoma, or another similar entity which takes responsibility for the minor; or 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. Married and thus has achieved the age of majority pursuant to the Revised Code of Washington (RCW) 26.28.020, or has become emancipated in accordance with RCW 13.64.060(2); or 10. Engaged in lawful commercial activity which is commenced prior to curfew hours and the minor proceeds directly home upon termination of the commercial activity. B. It is a defense to this chapter that the minor is lawfully on the premises of an establishment that is an authorized "Safe Place," as designated through the Pierce County Alliance Safe Place Program, and approved by the City of Tacoma Chief of Police, and that the juvenile is on the premises of the establishment in need of the services of a "Safe Place." C. It is a defense to this chapter that the parent or guardian is reasonably hindered to such a degree that he /she is unable to appear and take custody of the minor after being requested to do so. (Ord. 25832 § 1; passed Jan. 23, 1996: Ord. 25629 § 1; passed Nov. 15, 1994) 8.109.040 Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or take further action under this section unless the officer reasonably believes an offense has occurred, and that, based on any response and other circumstances, no defense under Section 8.109.030 is present. No citation shall be issued until attempts have been made to place the minor according to the Temporary Custody Procedure. (Ord. 25832 § 1; passed Jan. 23, 1996: Ord. 25629 § 1; passed Nov. 15, 1994) 8.109.050 Temporary custody procedure. A police officer who reasonably believes that a minor is violating any of the provisions as described in Section 8.109.020 shall have authority to take the minor into custody, shall inform the minor of the reason(s) for such custody, and may demand that the parent or guardian appear and take custody of the minor. Should the parent, guardian, custodian, or other adult person having custody or control of such minor not appear, or should the officer otherwise deem appropriate, the officer shall deliver, or arrange to deliver, the minor as follows: A. To minor's parent, guardian, custodian, or other adult person having custody or control of such minor. The officer releasing a minor into the custody of an adult person having custody or control shall inform the adult of the reason(s) for the taking of the minor into custody and shall inform the minor and the responsible adult of the nature and location of appropriate services available in the community; or • B. The officer may take the minor to the home of an adult extended family member after attempting to notify the parent, guardian, or custodian. In the event that A and B are not appropriate under the circumstances, the officer may deliver the minor to either of the following: C. To the custody of Metropolitan Development Council staff at the Metropolitan Development • Council's location at 721 South Fawcett Street, Tacoma, until the parent, guardian, custodian, or extended family member of such minor appears to take responsibility for the minor; or D. In the event the parent fails to appear, the minor is to be referred to Family Reconciliation Services for consideration of further intervention and/or placement services. (Ord. 27244§ 1; passed Jun. 15, 2004: Ord. 25832 § 1; passed Jan. 23, 1996: Ord. 25629 § 1; passed Nov. 15, 1994) - Tacoma Municipal Code (Revised 11/2008) 8 -114 City Clerk's Office 8.109.060 Violations. A. A violation of any of the provisions of this chapter is designated a civil infraction. B. A person found to have committed an infraction under this chapter may be assessed a monetary penalty. No penalty may exceed $250.00 for each offense, including all statutory assessments and costs. In lieu of payment for all or part of the monetary penalty, the court may provide for the performance of community service. (Ord. 25832 § 1; passed Jan. 23, 1996: Ord. 25629 § 1; passed Nov. 15, 1994) 8.109.070 Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Tacoma hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, . or portions be declared invalid or unconstitutional. (Ord. 25832 § 1; passed Jan. 23, 1996: Ord. 25629 § 1; passed Nov. 15, 1994) 8.109.080 Third party liability. It is expressly the purpose of this chapter to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. It is the specific intent of this chapter that no provision or term used in this chapter is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the . implementation and enforcement of this chapter shall be discretionary and not mandatory. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the City, its officers, employees, or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees, or agents. (Ord. 25832 § 1; passed Jan. 23, 1996: Ord. 25629 § 1; passed Nov. 15, 1994) 8.109.090 Evaluation. A. This chapter and the need for it shall be reviewed at the end of each renewal period, or more often at the request of the City Manager. By November 1 of the year in which this chapter expires, the City Manager shall review this chapter and report and make recommendations to the City Council concerning the effectiveness of and the continuing need for this chapter. The report shall include, but not be limited to, the following information: 1. The practicality of enforcing the chapter and any problems with enforcement identified by the Tacoma Police Department. 2. The impact of this chapter and support programs on juvenile crime statistics and the public perception of juvenile crime and victimization. 3. Number of juveniles taken into custody for curfew violations. 4. Number of official citizen complaints filed regarding the enforcement of this chapter. B. Committee Review. As part of the evaluation process, the City Manager shall appoint a committee with a representative from the Human Rights Commission, the Human Services Commission, the Tacoma Police Department, the Human Rights and Human Services Department, the Tacoma Municipal Court, a provider of services to juveniles, and other individuals, as deemed appropriate by the City Manager. This committee shall review implementation of this chapter and report to the City Manager and the City Council. The report shall include the following information: 1. An assessment of the impacts of this chapter and programs on the furtherance of the goals and objectives of reducing juvenile crime and victimization. 2. The effectiveness of the youth/family support programs offered in support of the curfew chapter. 3. Review and analysis of the data regarding the number of juveniles taken into custody for racial disproportionality and compliance with Chapter 1.29 of the Tacoma Municipal Code (law against discrimination). 4. The number and disposition of complaints filed with the Human Rights and Human Services Department regarding unlawful practices prohibited by Chapter 1.29 of the Tacoma Municipal Code. (Ord. 27661 Ex A; passed Dec. 4, 2007: Ord. 26386 §24; passed Mar. 23, 1999: Ord. 25832 § 1; passed Jan. 23, 1996: Ord. 25629 § 1; passed Nov. 15, 1994) Tacoma Municipal Code City Clerk's Office 8 - 115 (Revised 11/2008) 8.109.100 Effective date and expiration. This chapter shall be effective on January 1, 1995, and shall expire on December 31, 2012, unless, prior to that date, the City Council, by ordinance, extends this chapter to a date certain. (Ord. 27661 Ex A; passed Dec. 4, 2007: Ord. 27572 § 1; passed Dec. 19, 2006: Ord. 27171 § 1; passed Dec. 9, 2003: Ord. 26524 § 1; passed Nov. 2, 1999: Ord. 26168 § 1; passed Dec. 16, 1997: Ord. 25832 § 1; passed Jan. 23, 1996: Ord. 25629 § 1; passed Nov. 15, 1994) Document Page 1 of 2 Chapter 9.78 PARENTAL RESPONSIBILITY FOR JUVENILES Sections: 9.78.010 Title. 9.78.020 Definitions. 9.78.030 General provisions. 9.78.040 Exemptions. 9.78.050 Authority to enforce. 9.78.060 Violation — Penalty. 9.78.010 Title. This chapter shall be known as the "parental responsibility law." (Ord. 2007 -18 § 2). 9.78.020 Definitions. For the purpose of this chapter, the following words shall have the following meanings: A. "Child" means any unemancipated person, male or female, under the age of 18 years. B. "Parent" means the mother, father, both (both being referred to in the singular as "parent "), guardian or other adult person having the legal care, custody, and control of a child. C. "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, sidewalks, alleys, parking lots, office buildings, transport facilities, and shops. D. "Remain" means to fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. E. "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. F. "Errand" means to take a short trip to perform a specific task at the direction of the minor's parent or guardian. G. "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. (Ord. 2007 -18 § 2). 9.78.030 General provisions. No parent shall allow his or her child to remain in, on, or occupy any area of the public streets, roads, alleys, parks, playgrounds, any other public grounds, places of amusement, or any unsupervised area between the hours of 12:00 midnight and 5:00 a.m., except as allowed under this chapter. (Ord. 2007 -18 § 2). 9.78.040 Exemptions. A parent of the following children shall be exempt from the enforcement provisions of this chapter: A. A child accompanied by his or her parent; B. A child engaged in lawful employment; C. A child on an errand or on legitimate business pursuant to instructions from his or her parent which instructions shall be in writing, signed by the parent and dated with the date and time of the errand or business; D. A child involved in an emergency concerning the person or property of himself or another; E. A child returning home from school- or church - sponsored activities, or from other activities supervised by an adult. The term "returning home" means immediately and directly after participation in such activity, without a broken chain of sequences and time between the end of such event and the time such child returns to his or her residence or such other place as shall be authorized in writing by his or her parent. (Ord. 2007 -18 § 2). 9.78.050. Authority to enforce. Law enforcement officers of the city shall have authority to reasonably stop and momentarily detain a child to obtain his or http: / /nt5.scbbs.com/cgi- bin/om _ isapi.dll ?clientID= 450268812 &headingswithhits =on &hit... 2/11/2009 Document Page 2 of 2 her name, age, and address, as well as the name and address of his or her parent whenever said law enforcement officer shall reasonably suspect that the parent of such child is in violation of GMC 9.78.030. Upon determining that the parent of such child is in fact in violation of GMC 9.78.030 and not exempt under GMC 9.78.040, the law enforcement officer shall direct or deliver the child to the residence of his or her parent. (Ord. 2007 -18 § 2). 9.78.060 Violation — Penalty. Violation of this chapter is a civil infraction. Upon a parent's first violation, a summons shall be served on the parent and a hearing shall be held before the city municipal court, at which time the parent shall appear and answer to the charge of violating this chapter. Upon a determination by the judge that a violation has occurred, a fine of not less than $150.00 nor more than $300.00 shall be imposed upon the parent. Upon a second or subsequent violation, within a 24 -month period, involving the same child, the parent shall be subject to a fine of not less than $250.00 nor more than $500.00. Upon a third or more subsequent violation within a 24 -month period, the parent shall be subject to a fine of not less than $500.00. (Ord: 2007 -18 § 2). ht isapi.dll?clientID=450268812&headingswithhits=on&hit... 2/11/2009 NOTICE OF SPECIAL MEETING YAKIMA CITY COUNCIL YAKIMA, WASHINGTON NOTICE IS HEREBY GIVEN that a special meeting of the Yakima City Council will be held at the time, date and place specified below, for the purpose of considering the matters specified below. Dated this 10 day of April, 2009. /s/ Deborah Moore, City Clerk Date and time of Special Meeting:, Tuesday, April 14, 2009 at 9:30 — 11:00 a.m. Place of Special Meeting: Yakima City Hall Council Chambers or CED Conference Room 129 North Second Street Yakima, Washington Special Meeting called by: David Edler, Mayor Agenda: Continuation of Council Study Session regarding Review of Priorities of Government budget process o' Y!� "'',, David Edler, Mayor 4# 1 - i' , , , Micah Cawley, Assistant Mayor s 4- Yakima Kathy Coffey A � ,. , . 1 a h " City Council Rick Ensey Rill Lover , R; " Agenda Neil McClure 129 N. 2nd Street,Yakima,WA.98901 Sonia Rodriguez Phone: (509) 575 -6000 • Fax (509) 576 -6614 City Manager Email: ccouncil©ci.yakima.wa.us • www.ci.yakima.wa.us Richard A. Zais, Jr. Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk • YAKIMA CITY COUNCIL SPECIAL MEETING —STUDY SESSION APRIL 14, 2009 — 9:30 —11:00 A.M. COUNCIL CHAMBERS OR CED CONFERENCE ROOM YAKIMA CITY HALL 1. Roll Call 2. Review of Priorities of Govemment budget process 3. Audience comments (10:45 — 11:00 a.m.) 4. Adjournment to April 21, 2009 at 5:00 p.m. in the CED Conference Room for Council Workshop regarding Council committees Yakima NI- areothy City of Yakima Vision Statement: To create a culturally diverse, economically vibrant safe, and strong Yakima community. IF ` D P Adopted March 2008 1994 (csrfe,,j ord . Sh Sess . -man A s s f • C.•fy /4 zYy C yrt M �rh'rt� L ate Night Programs • YMCA- - Friday Night Live -Free to High School Students, 9 -12 p.m. — Saturday Night Live -Free to youth under 16, 7 -9:30 p.m. • South -East Community Center- - Night Action -Free to grades 6 -12, Monday- Friday, 2:30 -9 p.m. • YPAL- - Friday Movie Night -YPAL Members only, ages 11 -18, 8 -10 p.m. • YPAL membership - students & nominal fee Crisis Residential Center -Epic- • DSHS approved facility. • Second highest utilized facility in the state. • 17 full -time staff members. • 5 Beds. • Wrap around services.