Not an official copy.
ALGONA, WA.
ORDINANCE NO. 830
AN ORDINANCE OF THE CITY OF ALGONA, WASHINGTON, RELATING TO CURFEW REGULATIONS FOR MINORS AND PROVIDING FOR PENALTIES.
WHEREAS, the City highly values the safety and welfare of our minors, and has a vested interest in preserving and nurturing this valuable investment; and
WHEREAS, the physical, psychological and moral well being of our minors is threatened by the increasing presence of gangs and street crime; and
WHEREAS, late at night minors in public places are particularly vulnerable to being victimized and abused; and
WHEREAS, the City of Algona has no effective tools at this time to protect minors from the dangers and temptations that exist in public places late at night; and
WHEREAS, the City of Algona believes that parental responsibility and supervision must be encouraged and promoted; and
WHEREAS, the City Council has heard testimony from the Algona Police Department, from members of the public and the business community, concerning the need to have effective tools to protect minors from the dangers and temptations that exist in public places late at night; and
WHEREAS, the City Council finds that a juvenile curfew and parental responsibility ordinance will preserve the public safety and reduce acts of violence by and against juveniles that are occurring at rates beyond the capacity of the police to assure public safety; and
WHEREAS, the City Council finds that reasonable regulations on the hours which minors under the age of 18 may be in or upon public streets, parks or other public places will protect the minors of this municipality, and reinforce parental responsibility and authority; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF ALGONA, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. Definitions. As used in this section, the following words shall have the following meanings:
A. "Curfew hours" means:
1. 10:30 P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, unless said days are holidays and/or non school days, until 6:00 A.M. of the following day, except on evenings preceding recognized holidays and/or non school days; and
2. 12:30 A.M. until 6:00 A.M. on any Friday, Saturday, holiday, or non-school day.
B. "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.
C. "Establishment" means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to any place of amusement or entertainment.
D. "Guardian" is any person other than a parent who has legal guardianship of a juvenile.
E. "Juvenile" means any unemancipated person under the age of 18 years.
F. "Parent" means that natural parent,, adopted parent or step-parent of a juvenile.
G. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and common areas of schools, apartment houses, office buildings, transportation facilities, and shops.
H. "Remain" means to linger or stay.
I. "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Section 2. Juvenile Curfew.
A. It shall be unlawful for any juvenile to remain in any public place or establishment within the City of Algona during curfew hours.
B. It shall be a complete defense to prosecution under subsection A that the juvenile was acting with the provisions of Section 4 of this ordinance.
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 $75.00; for a second offense within a one year period the penalty shall be $150.00; and for a third or subsequent violation within a one year period the penalty shall be $300.00 .
Sentencing to community service in lieu of monetary fine shall be within the discretion of the Court.
Section 3. Parental Responsibility.
A. It shall be unlawful for the parent, guardian or other adult person having custody or control of any juvenile to permit or knowingly allow such juvenile to remain in any public place or on the premises of any establishment within the City of Algona during curfew hours.
B. It shall be a complete defense to prosecution under subsection A that the juvenile was acting within the provision of Section 4 of this ordinance.
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 $75.00; for a second offense within a one year period the penalty shall be $150.00; and for a third or subsequent violation within a one year period the penalty shall be $300.00.
Sentencing to community service in lieu of monetary fine shall be within the discretion of the Court.
Section 4. Exemptions. The provision of this ordinance shall not apply to the following situations.
A. At any time, if the juvenile is accompanied by his or her parent, legal guardian or other responsible person who is over the age of 21 and approved by the juvenile's parent, guardian, custodian or other adult person having custody or control of the juvenile to accompany said juvenile.
B. If the juvenile is on an errand as directed by his or her parent, guardian, custodian or other adult person having custody or control of the juvenile.
C. If the juvenile is legally employed, for the period of one-half hour before to one-half hour after work, while going directly between his or her home and place of employment. This exception shall also apply if the juvenile is in a public place during curfew hours in the course of his or her employment.
D. If the juvenile is coming directly home from an adult organized/supervised activity or place of public entertainment, such as a movie, play or sporting event. This exception will apply for one-half hour after completion of such event.
E. If the juvenile is on an emergency errand directed or permitted by his or her parent, guardian, custodian or other adult person having custody or control of the juvenile.
F. If the juvenile is traveling by direct routes to or from an event sponsored by an accredited educational institution.
G. If the juvenile is in a motor vehicle and engaged in interstate travel with the consent of a parent, guardian, custodial or other adult person having custody or control of the juvenile through the State of Washington.
H. 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.
I. 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).
Section 5. Temporary Custody procedure. A police officer who reasonably believes that a juvenile is violating any of the provisions of this ordinance shall have the authority to take the juvenile into custody and deliver or arrange to deliver the juvenile either to:
A. The juvenile's parent, guardian, custodian or other adult person having custody or control of the juvenile; or
B. A friend or neighbor of the juvenile, over the age of 18 years, who is willing to assume temporary custody of the juvenile; or
C. The Algona Police station or other facility operated by the Algona Police Department; or
D. The appropriate juvenile authority.
Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 7. Effective Date. This ordinance shall become effective five (5) days from and after its passage, approval and publication as provided by law.
Passed by the City Council and approved by the Mayor of the City of Algona,
Washington, at a regular meeting thereof this 20th day of May, 1997.
Glenn Wilson, Mayor
ATTEST:
Danielle M. Stafford, City Clerk
APPROVED AS TO FORM:
George Kelley, City Attorney