A. 
No person shall, while operating or otherwise in charge of any motor vehicle, park or allow such vehicle to stand or remain in any public place, leaving a child or children under the age of twelve years unattended therein. The crime of leaving minor children in an unattended vehicle is a misdemeanor.
B. 
Probable cause for this offense is established only in circumstances where an officer on the scene:
1. 
Believes there is an imminent threat of property damage or bodily injury or death to any person; or
2. 
Is able to articulate reasons from personal observation tending to establish some threat to the safety of persons or property. Articulated reasons sufficient to establish probable cause under this subsection shall include without limitation excessive heat or cold, age of the occupants in the vehicle under observation, the existence of the ignition key for that vehicle in the ignition switch, or the fact that the engine of the vehicle under observation is running.
(Ord. 1535 § 1, 1989)
A. 
A person is guilty of contributing to the delinquency of a child if, by act or omission, he knowingly causes or encourages a child to commit, or otherwise contributes to a child’s commission of, any delinquent act. Contributing to delinquency of a child is a misdemeanor.
B. 
For purposes of this section, the following definition shall apply:
1. 
“Child” means any person under the age of 18 years at the time of the act complained of; and
2. 
“Delinquent act” means any act or omission for which an adult could be charged with a crime.
(Ord. 1363 § 1 (part), 1985; Ord. 1531 § 1, 1989)
A. 
A parent of a child is guilty of custodial interference in the second degree if:
1. 
The parent takes, entices, retains, detains, or conceals the child, with the intent to deny access from the other parent having the lawful right to time with the child pursuant to a court-ordered parenting plan; or
2. 
The parent has not complied with the residential provisions of a court-ordered parenting plan after a finding of contempt under RCW 26.09.160(3); or
3. 
The court finds that the parent has engaged in a pattern of willful violations of the court-ordered residential provisions.
B. 
Nothing in TMC Section 8.06.030A.2 prohibits conviction of custodial interference in the second degree under TMC Section 8.06.030A.1 & A.3 in absence of findings of contempt.
C. 
The first conviction of custodial interference is a gross misdemeanor.
(Ord. 1569 § 1 (part), 1990)
A. 
Any reasonable expenses incurred in locating or returning a child or incompetent person shall be assessed against a defendant convicted under TMC Section 8.06.030.
B. 
In any prosecution of custodial interference, it is a complete defense, if established by the defendant by a preponderance of the evidence, that:
1. 
The defendant’s purpose was to protect the child, incompetent person, or himself or herself from imminent physical harm; that the belief in the existence of the imminent physical harm was reasonable; and that the defendant sought the assistance of the police, sheriff’s office, protective agencies, or the court of any state before committing the acts giving rise to the charges or within a reasonable time thereafter;
2. 
The complainant had, prior to the defendant committing the acts giving rise to the crime, for a protracted period of time failed to exercise his or her rights to physical custody or access to the child under a court-ordered parenting plan or order granting visitation rights, provided that such failure was not the direct result of the defendant’s denial of access to such person;
3. 
The acts giving rise to the charges were consented to by the complainant; or
4. 
The offender, after providing or making a good faith effort to provide notice to the person entitled to access to the child, failed to provide access to the child due to reasons that a reasonable person would believe were directly related to the welfare of the child, and allowed access to the child in accordance with the court order within a reasonable period of time. The burden of proof that the denial of access was reasonable is upon the person denying access to the child.
C. 
Consent of a child less than 16 years of age or of an incompetent person does not constitute a defense to an action under TMC Section 8.06.030.
(Ord. 1569 § 1 (part), 1990)
A. 
A person commits the crime of exposing children to domestic violence when he or she:
1. 
Commits a crime against a family or household member, as defined in RCW 10.99.020; and
2. 
The crime is committed in the immediate presence of, or is witnessed or heard by, the person’s or the victim’s minor child, minor stepchild, or a minor child residing within the household of the person or victim.
3. 
For the purposes of this section, “minor” shall mean under 18 years of age on the date of the violation.
B. 
Exposing children to domestic violence is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment of not less than 30 days.
(Ord. 2614 § 1, 2019)