CHAPTER 133
Curfew

Section

133.01    Unlawful hours

133.02    Duties of the officer

133.03    Delinquency

133.04    Affirmative defense

133.99    Penalty

133.01 UNLAWFUL HOURS.

(A)    It shall be unlawful for any person under the age of 16 years to be upon the streets or in any public place in the city between the hours of 10:00 p.m. and 5:30 a.m. during any day of the year, unless the child is in the custody of or accompanied by a parent or guardian.

(B)    It shall be unlawful for any unemancipated child over the age of 16 years and under the age of 18 years, unless accompanied by a parent, guardian or other person having the legal custody of the child, to be on any of the streets, alleys, public squares, parks or sidewalks of the city after the hour of 12:00 a.m. or before the hour of 5:30 a.m. on any day of the year unless the child is in possession of a written permit from a parent or guardian.

(Ord. 319, passed 3-7-56; Am. Ord. 2291, passed 12-9-19) Penalty, see § 133.99

133.02 DUTIES OF THE OFFICER.

If a police officer finds any child upon the streets or in any public place in violation of this chapter, and the violation is their first offense, the officer shall make reasonable efforts to contact the parent, guardian or other adult having custody of the child and may take the child into custody as provided in ORS 419C.080 or as otherwise authorized by law such as community caretaking or issue a citation in lieu of custody. (Ord. 319, passed 3-7-56; Am. Ord. 2291, passed 12-9-19)

133.03 DELINQUENCY.

Whenever a peace officer learns that a child has violated the provisions of this chapter under circumstances which tend to render them delinquent, the officer shall place an appropriate complaint with the juvenile court for further proceedings as the court deems appropriate.

(Ord. 319, passed 3-7-56; Am. Ord. 2291, passed 12-9-19)

133.04 AFFIRMATIVE DEFENSE.

It shall be an affirmative defense to a violation of § 133.01(A) if the child was actually engaged in traveling to and from a place of employment, school classes, or for attendance at activities serving persons under the age of 16 in which the person is enrolled or authorized to attend or while upon any errand of mercy, emergency or under direction of their parent, guardian or other adult person having the immediate care, custody or control of the child.

(Ord. 2291, passed 12-9-19)

133.99 PENALTY.

When a parent, guardian or other adult person in custody of a child, after having been notified that the child has violated this chapter, permits the child to violate the provisions of this chapter a second time, the parent commits a Class A violation. Any other violation constitutes a Class C violation.

(Ord. 319, passed 3-7-56; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98; Am. Ord. 2291, passed 12-9-19)

Cross-reference:

Parental responsibility for minors, see § 130.11