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Home My WebLink AboutO-2122 - Adds Ch. 6.80, curfew (Expired)I ~cu»:p..J, (,Th-..-.~. l~*,,~ I~~ CITY OF MARYSVILLE Marysville, Washington ORDINANCE NO.2122 AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON RELATING TO REGULATIONS PROMOTING YOUTH SAFETY AND ADDING A NEW CHAPTER TO MARYSVILLE MUNICIPAL CODE TITLE 6 (PENAL CODE). WHEREAS,the City highly values the safety and welfare of its minors,and has a vested interest in preserving and nurturing this valuable investment;and WHEREAS,the physical,psychological and moral well being of minors is threatened by the 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 Marysville has few effective tools to protect minors from the dangers and temptations that exist in public places late at night;and WHEREAS,the City of Marysville believes that parental responsibility and supervision for minors must be encouraged and promoted;and WHEREAS,the City Council has heard testimony from the Marysville Police Department,from members of the public, members of a Citizens Committee,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 youth safety ordinance which establishes a juvenile curfew and parental responsibility regulations will preserve the public safety and reduce acts of violence by and against juveniles that occur during the late night hours as proscribed herein;and WHEREAS,the City Council finds that reasonable regulations on the hours which minors under the age of eighteen (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; jwpf/mv/curfew.ord 1 ·1 NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Curfew.No minor who is under the age of 18 years shall be in or upon any public street,highway,alley, park,vacant lot or other public place between the hours of 10:00 p.m.and 5:00 a.m.Provided,however,on nights when the following day is not a school day and during times when school is not in session due to vacations,no minor who is under the age of 18 years shall be in or upon any public street,highway,alley,park,vacant lot or other public place between the hours of 11:00 p.m.and 5:00 a.m. Provided,further,any person who is age 16 or 17 and who has on his/her person a State-approved picture identification shall be exempt from all provisions of this ordinance. Section 2.Definitions."Public place,"as used in this ordinance,means an area generally visible to public view,and includes,but is not limited to,streets, sidewalks,bridges,alleys,plazas,parks,driveways,parking lots,automobiles (whether moving or not),and buildings open to the general public,including those which serve food or drink or provide entertainment,and the doorways and entrances to buildings or dwellings and the grounds enclosing them. Section 3.Exemptions.The provisions of this ordinance shall not apply in the following situations: a.At anytime,if the minor is accompanied by his or her parent,legal guardian,or other responsible person who is over the age of twenty-one (21)and approved by the minor's parent,guardian,custodian or other adult person having custody or control of such minor to accompany said minor. b.If the minor is on an errand as directed by his or her parent,guardian,custodian or other adult person having custody or control of such minor. c.If the minor is legally employed,for the period 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 minor is in a public place during curfew hours in the course of his or her employment. d.If the minor is within one block of his/her residence. /wpf/mv/curfew.ord 2 e.If the minor is coming directly home from an adult organized/supervised activity or a place of public entertainment,such as movie,play or sporting event. This exception will apply for one-half hour after the completion of such event. f. directed or other minor. If the minor is on an emergency errand or permitted by his parent,guardian,custodian adult person having custody or control of such g.If the minor is traveling by direct routes to or from an event sponsored by an accredited educational institution. h.If the minor is in a motor vehicle and engaged in interstate travel with the consent of a parent, guardian,custodian or other adult person having custody or control of such minor through the State of Washington. Section 4.Temporary Custody Procedure.A police officer who reasonably believes that a minor is violating any of the provisions of this ordinance shall have the authority to take the minor into custody and deliver or arrange to deliver the minor either to: a.The minor's parent,guardian,custodian or other adult person;or b. facility or c. The Marysville Police station or other operated by the Marysville Police Department; The appropriate juvenile authority. Section 5.Parental Responsibility.It shall be unlawful for the parent,guardian or other adult person having custody or control of a minor under the age of eighteen (18)years to permit or by inefficient control to allow a violation of this ordinance by a minor in his or her custody or control. Section 6.Violations. a.A violation of any of the provisions of this ordinance is designated a civil infraction. b.A person found to have committed an infraction under this ordinance shall be assessed a monetary /wpf/mv/curfew.ord 3 penalty.No penalty may exceed $250.00 for each offense.In lieu of payment for all or part of the monetary penalty,the court may provide for the performance of community service. Section 7.Review.The City Council may,in its discretion,review the effects of this ordinance every six months following adoption of this ordinance. Section 8.Sunset.This ordinance shall automatically be repealed from and after three years of the effective date hereof unless extended by action of the City Council. Section 9.Codification. ordinance shall be codified as the Marysville Municipal Code. Sections 1 through 6 of this a new chapter of Title 6.80 of Section 10.Third-Party Liability.It is expressly the purpose of this ordinance 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 ordinance. It is the specific intent of this ordinance that no provisions nor any term used in this ordinance is intended to ~mpose any duty whatsoever upon the City or any of its officers or employees,for whom the implementation and enforcement of this ordinance shall be discretionary and not mandatory. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City,or its officers,employees or agents and elected officials,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 ordinance by its officers,employees or agents. Section 11.Severability.Should any section, subsection,paragraph,sentence,clause or phrase of this ordinance 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 ordinance or its application to any other person or situation.The City Council of the City of Marysville hereby declares that it would have adopted this ordinance and each section,subsection,sentence,clause, phrase or portion thereof irrespective of the fact that any /wpf/mv/curfew.ord 4 ,;' one or more sections,subsections,sentences,clauses, phrases or portions be declared invalid or unconstitutional. Section 12.Effective Date:This ordinance shall become effective on June 1,1997. PASSED by the City Council and APPROVED by the Mayor this 7th day of April,1997. CITY OF MARYSVILLE ATTEST: B~rnK Approved as to form: By h~:r-K.(.lj,rrP CITY A ORNEY MAYOR Date of Publication: /wpf/mv/curfew.ord 5