Chapter 9.05
CURFEW HOURS FOR MINORS
Sections:
9.05.030 Exemption – Burden of proof.
9.05.040 Responsibility of guardian.
9.05.050 Violation – Procedure.
9.05.010 Unlawful activity.
It shall be unlawful for any minor under the age of 18 years to be, or remain, in or upon any street, highway, park, alley or other public place within the corporate limits of the city of Fairview between the hours hereafter specified, unless such minor child is accompanied by a parent, guardian or other person 21 years of age or over and authorized by the parent or by law to have the care, custody or control of the minor, or unless such minor is then and there engaged in a lawful pursuit or activity which makes it necessary for her or him to be in or upon such street, highway, park, alley or other public place between such specified hours. (Ord. 7-1963 § 1)
9.05.020 Hours specified.
The specified hours for the purpose of this chapter shall be as follows:
A. For minor children under the age of 14 years who have not begun the 9th grade the specified hours shall be 9:15 p.m. and 6:00 a.m. of the following morning, except that during the summer months when school is not in session the hours shall be between 10:15 p.m. and 6:00 a.m. of the following morning;
B. For minor children 14 years of age or over or who have begun the 9th grade, the specified hours shall be between 10:15 p.m. and 6:00 a.m. of the following morning on Sunday, Monday, Tuesday, Wednesday and Thursday; the specified hours on Friday and Saturday shall be between 12:00 midnight and 6:00 a.m. of the following morning except that during the summer months during which time regular school is not in session the hours for all days of the week shall be between 12:00 midnight and 6:00 a.m. of the following morning. (Ord. 7-1963 § 2)
9.05.030 Exemption – Burden of proof.
When a minor child under the age of 18 years must of necessity by virtue of employment, night school, school activity or other lawful pursuit be in or upon any street, highway, park, alley or other public place within the corporate limits of the city of Fairview between the above specified hours, the burden of proof thereof shall be upon the minor child or person claiming the exempt status of being engaged in a lawful pursuit. (Ord. 7-1963 § 3)
9.05.040 Responsibility of guardian.
It shall be unlawful for any parent, guardian or person having the care and custody of a minor child under the age of 18 years to allow such minor child to be in or upon any street, highway, park, alley or other public place during the hours, specified in FMC 9.05.020(A) or (B), as applicable, except as otherwise provided herein. The conviction of a minor child for violation of this chapter on three separate occasions shall be prima facie evidence that said parent, guardian or person having the care and custody of said minor has allowed or permitted said minor child to violate this chapter. (Ord. 7-1963 § 4)
9.05.050 Violation – Procedure.
Any peace officer of the city of Fairview or any other law enforcement officer may arrest any minor child under the age of 18 years for a violation of any applicable provision of this chapter and said officer may:
A. On any first violation of this chapter take or send the offending minor child to his or her residence and notify the parent, guardian or person having the care and custody of the minor of said violation; or
B. If the arresting officer has reasonable grounds to believe that the parents of the minor are failing to exercise proper control, care or custody of the minor, to take the minor directly before the court having juvenile jurisdiction in the area where the arrest was made.
C. On any second or subsequent violation of any applicable provision of this chapter the offending minor shall be taken directly before the court having juvenile jurisdiction in the area in which said offense occurred for disposition in accordance with the provisions hereof. (Ord. 7-1963 § 5)
9.05.060 Violation – Penalty.
Any person, including any minor child, who shall violate any provision of this chapter, may be, upon conviction thereof in the municipal court of the city of Fairview, Oregon, punished by a fine of not more than $50.00, or by imprisonment in the city or county jail for not more than five days, or by both such fine and imprisonment; provided, further, that in such cases where a sentence of confinement shall be ordered against a minor under the age of 18 years, in such case said minor shall be confined only in detention facilities provided for juveniles. (Ord. 7-1963 § 6)