1574_00001ORDINANCE NO.1574
ANORDINANCECREATINGANEWCHAPTER8.44 OFTHE MOSESLAKEMUNICI-PALCODE ENTITLED"PARENTALRESPONSIBILITYFOR JUVENILES"
THE CITYCOUNCILOF THE CITYOF MOSESLAKE,WASHINGTONDOORDAINASFOLLOWS:
Section 1.Chapter 8.44 ofthe Moses Lake Municipal Code entitled"Parental Responsibility for Juveniles"is created as follows:
8.44.010 Statement of Purpose:
A.The CityCouncil ofthe CityofMosesLake,Washington,has determined that it is generallycontrarytothewellbeingofjuvenilestobeoutsidetheirresidencesinthelatenightandeartymorninghoursunsupervisedandwithnospecificpurpose.
B.In older to protect those juvenileswho are not subject to adequate parental contml fromharmtothemselvesorothersorthepropertyofothersandtofosterbetterparental
responsibilityamong the parents and guardiansof juvenilesfound within the Cityof Moses
take,some regulation of parentalcontmlofjuvenilechildrenis appropriate.
C.Controlofparents and guardiansofjuvenileswho are indanger ofharm to themselvesandotheitbaseduponcertainproscribedconductistobeaccomplishedtoachievebetter
protection of the community and the juveniles.
D.The City Council has received informationfrom the police department that juvenileswho arenotadequatelysupervisedbytheirparentsand/or guardians have become engaged in
criminal activityat certain times and withincertain areas ofthe city.It is the intent of thischaptertoimposecontrolupontheparentsand/or guardians ofjuvenileswho are presentatcertaintimesandcertainplaceswithinthecitytoprotectthosejuvenilesandthecommu-nity
8.44.020 Definitions:For the purpose of this chapter,the following words shall have the followingmeanings:
0 A."Child"or "juvenile"means any unemancipated person,male or female,under the age ofeighteen(18)years.
B."Pamnt"means the mother,father,or both (bothbeing referred to in the singular as"parent"),guardlanor other adultperson having the legalcare,custody,or contmlofa child.
C."Returning home"shallmean traveling,walking,biking,or otherwise movingfrom the pointofdeparturetoachild's home or the residence ofthe peraon havingthe care,custody,orcontrolofsaidchildforthatevening.Said movement shall be directly from the point ofdeparturetothedestinationtobeaccomplishedwithinareasonableperiodoftime.
D."School nights"shall mean any night or early morning hours immediately preceding aregularschooldayasscheduledbytheMosesLakeSchoolDistrict.
E."Allow"shall Include those situationswhere the parent has failed to monitor or account forthechild's location between the hours of 10:00 p.m.to 5:00 a.m.on school nights andbetween12:00 a.m.and 5:00 a.m.on other nights.
8.44.030 General Prohibition:No parent or custodian shall allowor permit any child he or she isresponsiblefortoremaininoruponthepublicstreets,roadways,alleys,parks,playgrounds,or in or upon private property,other than the child's usual place of residence,which isunoccupied,vacant,abandoned,or Is not otherwisesupervised by a masonable adult betweenthehoursof10:00 p.m.to 5:00 a.m.on school nights or between the hours of 12 midnight to5:00 a.m.on non-school nights,except as otherwise permitted under the provisions of thischapter.
8.44.040 Exemptions:A parent or guardian ofthe following juvenilesshall be exempt from theenforce-ment provisionof this chapter:
A.Ajuvenileaccompanied by his or her parent or guardian.
B.A juvenileengaged inlawfulemployment.
C.A juvenileon an errand or on legitimate business pursuantto instructions from his or herparentorguardian.
D.A juvenileinvolved in an emergency concemingthe person or propertyof himself,hetself,
or another.
E.Ajuvenileretuming home fom sctioolor churchsponsoredactivities,orfrom other activities
supervised by an adult.The term "retuminghome"means immediately and directlyafter
participationinsuch activity,withouta brokenchain of sequences and timebetweenthe end
of such eventand the time such juvenileretums to his or her residence or such other place
as shall be authorizedby his or her parent.
8.44.050 Authority to Enforce:Lawenfomementofficers of the city shall have authority to reasonably stopandmomentarilydetainajuvenlietoobtainhisorhername,age and address,as well as the
name andiddoss of his or her parent or guardianwhenever said law enforcement officer shall
reasonably suspect that the parent of such juvenileis in violationof Section 8.44.030.Upon
determination that the parent or guardian of such juvenileis in fact in violation of Section
8.44.030 and not exempt under Seation 8.44.040,the law enforcement officer shall direct ordeliverthejuveniletotheresidencÑhisorherparentorguardian.
8.44.060 Violation -Penaltv:
A.Upon a parent or gualtiiaris firstviolationper child,notice thereof shall be givento the
parentor guardianand a record of the violationshallbe made withthe policedepartment.
Uponthe second violation involvingthe same child,a Notice of Infraction shall be served
on the parent or guardlan requiring the parent or guardian to appear for a hearing to be
held inthe MunicipalCourt,at which timethe parent or guardian shall appear and answer
to the charge of violating this chapter.Upon determination by the Court that a second
violationhas occurred Involvingthe same child,a C-7penalty shall be imposed upon the
parent or guardian,together withall requiredsurcharges and assessments.Upon a thirdviolationinvolvingthesamechild,the parent or guardianshall be subject to a C-4 penalty
togethef with all required surcharges and assessments.Upon a fourth or subsequent
violationinvolvingthe same child,the parent or guardianshall be subjectto a C-1penalty
together withallrequiredsurcharges and assessments.
B.The policedepartment shallmaintain a record of alljuvenilesfound in those locations and
at those times prohibited by this chapter.Such record shall be conclusive proof that ajuvenilqhaspreviouslybeenthesubjectofinquirypursuanttothischapter.The policedepäitmentshallmaintainarecordofallparentsorguardianscontactedanddetermined
to haveviolated thischapter.Such listshall be made availableto anyjuvenilecourtor child
welfareor childprotective agency upon request.
C.Any parentor guardianunable to control the whereaboutsand activltlesof a juvenileintheir
care,custody,or control shallcontact the police department and reportsuch juvenileaspossiblyappearinginlocationsandattimesthatwouldviolatethischapter.In such case,the parent or guardian shall not be responsible for actions ofthe juvenilefor purposes of
this chapter,but the police department may consider reporting such juvenileto the
Department of Social and Health Servicesas a dependent or runaway child.
D.At the time the police department issues a wamingor notice of infraction to any parent orguardianforviolationofthischapter,the police department may consider reporting the
circumstancesof such juvenileas needing the interventlon of childprotective services.
Section2.This ordinanceshall take effect and be in force five (5)days after its passage and publication
of its summary as providedby law.
Adopted by the CityCounciland signed by
ATTEST:
Finance Director
AC yAS FO
Publication Date:April30,1993