CHAPTER 130: GENERAL OFFENSES
Section
General Provisions
   130.01   Automatic communication devices
   130.02   Curfew hours for minors
   130.025   Daytime loitering by minors
   130.03   Discharge of firearm
   130.04   Permitted hours of construction
   130.05   Filing false statements regarding city officers or employees
   130.06   Interference with police dogs
   130.07   Prohibited acts
   130.08   Powers of law enforcement officers not limited
   130.09   Parental control
Invitation-at-Large Parties
   130.15   Definitions
   130.16   Invitation-at-large parties prohibited
   130.17   Termination of party
   130.18   Violations
Noise Control
   130.30   Policy declaration
   130.31   Definitions
   130.32   Sound level measurement
   130.33   Noise measurement procedures
   130.34   Ambient base noise levels
   130.35   Loud, unnecessary and unusual noise
   130.36   Violations; additional remedies; injunctions
   130.37   Special noise sources
   130.38   Vehicles
   130.39   Sound amplifying equipment; applicability
   130.40   Commercial activities
   130.41   Noncommercial activities
   130.42   Use of sound amplifying equipment; compliance with law
   130.43   Loud or unruly assemblages
   130.44   Sound amplification systems
Alcoholic Beverages
   130.45   Alcoholic beverage containers
   130.46   Posting signs
   130.47   Consumption of alcoholic beverages
Fortunetelling
   130.60   Definition
   130.61   Identification; certificate
   130.62   Display of certificate
Guns and Ammunition
   130.70   Reserved
   130.71   Reserved
   130.72   Reserved
   130.99   Penalty
Cross-reference:
   Emergency response cost recovery when criminal act involved, see §§ 38.30 et seq.
GENERAL PROVISIONS
§ 130.01 AUTOMATIC COMMUNICATION DEVICES.
   (A)   No person, except a public utility engaged in the business of providing communication services and facilities, shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install any device or combination of devices that will upon activation, either mechanically, electronically or by other automatic means, initiate an intrastate call and deliver a recorded message to any telephone number assigned to any subscriber by a public telephone company, without the prior written consent of the subscriber.
   (B)   The term TELEPHONE NUMBER includes any additional numbers assigned by a public utility company engaged in the business of providing communication services and facilities to be used by means of a rotary or other system to connect with the subscriber to the primary number when the primary telephone number is in use.
('83 Code, § 9.24.020) Penalty, see § 10.99
§ 130.02 CURFEW HOURS FOR MINORS.
   (A)    Definitions.
      (1)    CURFEW HOURS means 10:00 p.m. of any day until 6:00 a.m. the following day.
      (2)    EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action to prevent serious bodily injury or loss of life. 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.
      (3)    ESTABLISHMENT means any privately owned place of business to which the public is invited, including but not limited to any place of amusement, entertainment, or recreation.
      (4)    GUARDIAN means:
         (a)   A person who, under court order, is the guardian of the person of a minor;
         (b)   A public or private agency with whom a minor has been placed by a court; or
         (c)   A person who is at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.
      (5)    MINOR means any person under eighteen years of age.
      (6)    PARENT means a person who is a natural parent, adoptive parent, or step-parent of a minor.
      (7)    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, office buildings, transport facilities, and shops.
      (8)    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.
   (B)   Offenses.
      (1)   A minor commits an offense by being present in any public place or on the premises of any establishment within the city during curfew hours.
      (2)   A parent or guardian of a minor commits an offense by knowingly permitting, or by insufficient control allowing, the minor to be present in any public place or on the premises of any establishment within the city during curfew hours.
   (C)   Defenses. It is a defense to prosecution under subsection (B) that the minor was:
      (1)   Accompanied by the minor's parent or guardian;
      (2)   On an errand at the direction of the minor's parent or guardian, without any detour or stop;
      (3)   In a motor vehicle involved in interstate travel;
      (4)   Engaged in a lawful employment activity, or going to or returning home from a lawful employment activity, without detour or stop;
      (5)   Acting in response to an emergency;
      (6)   On the sidewalk abutting the minor's residence or abutting the residence which is immediately adjacent to the minor's residence;
      (7)   Attending an official school, cultural, religious, sports, amusement, entertainment, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning directly home from, without detour or stop, an official school, cultural, religious, sports, amusement, entertainment, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
      (8)   Exercising First Amendment rights protected by the United States Constitution as it pertains to minors, such as the free exercise of religion, freedom of speech, and the right of assembly, but subject to all other applicable laws, rules, and regulations; or
      (9)   Emancipated in accordance with applicable state law.
   (D)   Enforcement. Before taking action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in division (C) is present or applicable.
('83 Code, § 9.28.010) (Am. Ord. 1126, passed 7-2-96) Penalty, see § 10.99
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