Chapter 9.15
Offenses Relating to Minors

Sections:

9.15.010    Endangering the welfare of a minor.

9.15.020    Unattended children in vehicles.

9.15.030    Curfew.

9.15.040    Parental responsibility – Offenses – Remedy – Effective date.

9.15.010 Endangering the welfare of a minor.

A. No person shall employ a person under 18 years of age in or about a cardroom, poolroom, billiard parlor or dance hall, unless the establishment is a “recreational facility” as defined in subsection (E) of this section.

B. No person operating or assisting in the operation of a public cardroom, poolroom, billiard parlor or public place of amusement shall permit a person under 18 years of age to engage in a game of cards, pool, billiards, dice, darts, pinball, games of like character, or games of chance, for amusement or otherwise.

C. No person shall solicit, aid, abet or cause a person under 18 years of age to:

1. Violate a law of the United States or a state, or to violate a City or county ordinance.

2. Run away or conceal himself from a person or institution having lawful custody of the minor.

D. No person under 18 years of age shall enter, visit or loiter in or about a public cardroom, poolroom or billiard parlor.

E. This section shall not apply to dancing or playing billiards, pool, pinball or electronic games in a recreational facility. As used in this section, “recreational facility” means an area, enclosure or room in which facilities are offered to the public and:

1. Is clean, adequately supervised, adequately lighted and ventilated.

2. No alcoholic liquor is sold or consumed.

3. Where access does not require passing through a room where alcoholic liquor is sold or consumed.

F. Violation of this section constitutes a violation. [Ord. 601 § 15, 1990; 1981 Compilation § 4-4.15.]

9.15.020 Unattended children in vehicles.

A. No person having custody or control of a child under 10 years of age shall leave the child unattended in any vehicle on a public street or alley, or a parking area that is open to the public. For the purposes of this section, to “leave a child unattended” means to leave a child without the custody or control of a person 14 years of age or older.

B. Violation of this section constitutes a violation. [Ord. 601 § 16, 1990; 1981 Compilation § 4-4.16.]

9.15.030 Curfew.

The City of Brownsville has adopted and implements the Oregon Revised Statutes pertaining to the process and procedures for curfew within the City of Brownsville. [Ord. 797 § 2, 2023; Ord. 621 §§ 1 – 6, 1993; 1981 Compilation §§ 4-1.1 – 4-1.6.]

9.15.040 Parental responsibility – Offenses – Remedy – Effective date.

A. 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 15 years of age and the child has committed an act which brings the child within the jurisdiction of a juvenile court under ORS 419(C).005 or which violates any provision of the Brownsville Municipal Code.

B. The following shall be defenses to the offense of failure to supervise a minor:

1. The child’s citation for violation of any provision of the municipal code occurred in the presence of the person.

2. The citation was issued pursuant to an occurrence on private property of the person.

3. The parent, legal guardian or person with legal responsibility for the safety and welfare of the child took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.

4. The person reported the child’s violation of law to the appropriate authorities.

C. In addition to any fine or penalty imposed pursuant to this chapter, the Court may order the person to pay any restitution to a victim of the minor’s conduct, not to exceed $2,500. The Municipal Court shall credit the person ordered to pay restitution the actual dollars paid by the minor pursuant to any juvenile court order or juvenile code agreement.

1. On the first conviction, the Court shall warn the person of the penalty for future convictions of failing to supervise the child and shall suspend imposition of sentence.

2. Where there has been one prior conviction, the Court, with the consent of the person, may suspend imposition of sentence and order the person to complete a parent effectiveness program approved by the Court. Upon the person’s completion of the parent effectiveness program to the satisfaction of the Court, the Court may discharge the person. If the person fails to complete the parent effectiveness program to the satisfaction of the Court, the Court may impose a sentence. There may only be one suspension of conviction with respect to the parent, legal guardian or person with legal responsibility for the child.

D. The offense described in this section of failure to supervise a minor is a violation punishable by a maximum fine of $750.00. [Ord. 654 §§ 1 – 4, 1997; 1981 Compilation §§ 4-6.1 – 4-6.4.]