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HomeMy WebLinkAbout02/24/2009 06 Juvenile Curfew Ordinance - Requested Infomation BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6 For Meeting Of February 24, 2009 ITEM TITLE: Response to the City Council's request for updated information concerning the feasibility, constitutionality and format proposed for establishing a juvenile curfew within Yakima. The attached information includes a Memorandum from the legal department, background provided by the Municipal Research Service Center, several ordinances offering similar restrictions from other Washington cities, the most recent draft ordinance prepared by the Legal Department and a memorandum from the Yakima Police Department regarding efforts to provide statistical support for an ordinance proposal. SUBMITTED BY: Cynthia Martinez and Kelly Rosenow CONTACT PERSON/TELEPHONE: Cynthia Martinez — 575 -6033 Kelly Rosenow — 575 -6178 SUMMARY EXPLANATION: The City Council recently requested information on the status of efforts by the City to enact a viable juvenile curfew ordinance. Cynthia Martinez of the City 0 Legal Department reviewed the current state of the law in Washington regarding this issue, updated her previous work on this issue and has provided the enclosed memorandum, together with supporting information and ordinances used by other Washington cities that address curfews. The City's most recent proposal for a constitutional curfew ordinance is also included for review. In addition to this information Kelly Rosenow, Deputy Chief of the Yakima Police Department has included a memorandum summarizing the actions currently underway by the Police Department to assemble statistical support for a juvenile curfew. The attached documents are informational only, and no Council action is anticipated at this time. Resolution Ordinance Contract Other(Specify) Attachments Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Review and discuss pending further direction. BOARD /COMMISSION /COMMITTEE RECOMMENDATION: 0 COUNCIL ACTION: CITY OF YAKIMA 410 LEGAL DEPARTMENT 200 South Third Street, Yakima, WA 98901 -2830 (Phone) 509575 -6033 (Fax) 509 - 575 -6160 MEMORANDUM February 13, 2009 TO: David Edler, Honorable Mayor Yakima City Council Members _ Dick Zais, Yakima City Manager . 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 SI 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 cur 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 op inion, 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 Tight 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. z City of Sumner v. Walsh , 148 Wn.2d 490 (2003) City of Sumner v. Walsh, 148 Wn.2d 490, footnote 5 concurring opinion, (2003). Memo to Mayor, Yakima City Council and Dick Zais 1111 February 13, 2009 page - 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 Ordin. nce: 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 review 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 "Terry 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 Terry 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, 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 explained 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 Y akima 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 4110 3 RCW 13.32A.050 4 RCW 13.32A.050(2) -(7) and RCW 13.32A.060 City of Yakima Po/%Ce e a men 200 S. ,3°' Street Yakima, Washington 98901 , ;,; Samuel Granato, Chief of Police Telephone (509)575 -6200 Fax (509)575 -6007 Memorandum February 18, 2009 TO: Honorable Mayor Edler and City Council Members Dick Zais, City Manager FROM: Kelly M. Rosenow, Deputy Chief of Police SUBJECT: Juvenile Curfew Statistics This is to inform you the police department has received the request from City Legal for statistics related to the establishment of a juvenile curfew. Police department staff is in the process of retrieving the required information. Due to the fact the police department's central Record Management System (RMS) is very limited sin its ability to automatically retrieve statistical information, we expect a completion date of February 27, 2009. While we have identified the information needed for City Legal to be retrieved from • the multiple records systems the police department must also rely on multiple records systems and sources to retrieve this information. We will strive to provide a comprehensive report to City Legal by the above date. Thank you Memo to Mayor, Yakima City Council and Dick Zais February 13, 2009 Page - 5 must also inform everyone the reason for taking the child and the nature and 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 ' 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 Zabel!, 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) 8 RCW 13.32A.060 1(c) • 9 RCW 13.32A.060. 1° Bronson Faul, Assistant City Attorney, researched the seizure and detention issues for this memorandum. Juvenile Curfews Page 1 of 2 ( ' ' - WS *. - '''l Municipal Research and Services . Center of ash ington 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 parental 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. Ai 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 • !, , 0 a .; *_, A .;.->,.-_ 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, ill 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). • W A /A iO - /// http:// www. codepublishing. com/ WA/ WallaWalla/ wallawalla09 /wallawalla0913 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. 8.109.060 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, 0 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 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 .J hours. 0 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 0 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 411 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 40 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, . 0 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. 10 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 0 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; _ 10 passed Dec. 16, 1997: Ord. 25832 § 1; passed Jan. 23, 1996: Ord. 25629 § 1; passed Nov. 15, 1994) IP , , 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= 45026 81 &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 s easonably suspect that the parent of such child is in violation of GMC 9.78.030. Upon determining that the parent of such hild 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). lb III . • . _ . . , http: / /nt5. scbbs. com /cgi- bin/om_isapi.dll ?clientID= 450268812 &headingswithhits =on &hit... 2/11/2009 Chapter 6.09 CURFEW HOURS FOR MINORS Sections: 6.09.010 Definitions. 6.09.020 Offenses. - 6.09.030 Defenses. 6.09.040 Enforcement. 6.09.050 Temporary procedure. 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. In this section: A. "Curfew hours" means a.m. until 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 Toss 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 Tess than 18 years of age. H. "Operator", means any individual, firm, association`L.partnership, or corporation operating, managing, or conducting any establishrnent 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, hospitals, apartment houses, sidewalks, alleys, parking lots, office buildings, transport facilities, and shops: cim /draftcurfewordinance /pagel of 6 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 Toss or impairment of the function of any bodily member or organ. 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 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 Yakima police officer, pursuant to the Temporary Custody Procedure. 0 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. 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 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 cim /draftcurfewordinance /page2 of 6 adults or sponsored by any of the following: the City • of Yakima, a civic organization, the Boys and Girls Clubs, the YWCA, the YMCA, Yakima Park and Recreation, 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 by the 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. 6.09.040 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 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. - 6.09.050 Temporary custody procedure. A 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 cim /draftcurfewordinance /page3 of 6 • 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 40 to either of the following: C. To the custody of location at , Yakima, 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. 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 restitution. 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 cim /draftcurfewordinance /page4 of 6 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 Yakima 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. 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 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. 6.09.090 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 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 Yakima • Police Department. 2. The impact of this chapter and support programs cim /draftcurfewordinance /page5 of 6 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 Yakima Police Department, the Yakima 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. al 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 the Yakima 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 the Yakima Municipal Code. 6.09.100 Effective date and expiration. This chapter shall be effective on , and shall expire on , unless, prior to that date, the City Council, by ordinance, extends this chapter to a date certain. ' 0 cim /draftcurfewordinance /page6 of 6