A. Offense Described: A person commits the offense of failing to supervise a minor if the person is the parent, legal guardian, or person with legal responsibility for the safety and welfare of a child under eighteen (18) years of age and the child has been found on private property or premises open to the public in violation of any city ordinance and/or any misdemeanor offense as provided for by Washington state statutes.
B. Defense: It shall be a defense to the offense of failure to supervise a minor if the child’s violation of the city ordinance occurred in the presence of the person. It shall be a defense to the offense of failure to supervise a minor if the violation occurred on private property of the person.
C. Court Ordered Restitution: In addition to any fine or penalty imposed pursuant to this section, the court may order the person to pay any restitution to a victim of the minor’s conduct. The amount of restitution ordered pursuant to this section shall not exceed two thousand five hundred dollars ($2,500.00).
D. Issuance Of Citation; Penalties Imposed:
1. If a child in violation of subsection A of this section is eleven (11) years of age or younger, any citation issued shall be issued to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation of this section, rather than to the child for violation of any provision of any city ordinance and/or any misdemeanor offense as provided for by Washington state statutes.
2. The first time a person is convicted of an offense described in subsection A of this section, the person shall pay a fine not exceeding one hundred and fifty dollars ($150). If the person successfully participates and completes a parent effectiveness program to the satisfaction of the court, the entire fine may be suspended for up to a period of one year.
3. The offense described in this section of failure to supervise a minor is a civil infraction punishable by a maximum fine of one thousand dollars ($1,000.00).
4. The procedure for disposition of infractions issued under this section shall be the same as utilized in Revised Code of Washington chapter 46.63, and infraction rules for courts of limited jurisdiction as adopted and amended by the Washington supreme court.
5. Any police officer issuing a notice of infraction under this section shall indicate the bail amount on such citation to be one thousand dollars ($1,000.00), unless: a) the police officer has personal knowledge that it is the person’s first offense; or b) the municipal court of Long Beach sets a different bail amount by court rule. (Ord. 694, 6-17-1996; amd. Ord. 991, 1-19-2021)