Chapter 9.15
CURFEW
Sections:
9.15.040 Parent or guardian not to allow curfew violation.
9.15.060 Duty of parent or guardian to get minor.
9.15.010 Short title.
This chapter shall be known as the Marion County curfew ordinance and shall be so cited and pleaded. [Ord. 1016 § 1, 1995.]
9.15.020 Purpose.
This chapter is enacted in accordance with the provisions of ORS 203.035 and 419C.680 in order to protect the well-being of minors and to protect the good order and welfare of the community. [Ord. 1016 § 2, 1995.]
9.15.030 Minors curfew.
A. No minor under the age of 16 years shall be in or upon any street, highway, park, alley or other public place between the hours of 10:00 p.m. and 6:00 a.m. of the following morning, unless:
1. Such minor is accompanied by a parent, guardian, or other person 18 years of age or over and authorized by the parent or by law to have care and custody of the minor;
2. Such minor is then engaged in a lawful pursuit or activity which requires the presence of the minor in such public places during the hours specified in this section; or
3. The minor is emancipated pursuant to ORS 419B.550 through 419B.558.
B. No minor 16 or 17 years of age shall be in or upon any street, highway, park, alley or other public place between the hours of 12:00 midnight and 6:00 a.m. of the following morning, unless:
1. Such minor is accompanied by a parent, guardian, or other person 18 years of age or over and authorized by the parent or by law to have care and custody of the minor;
2. Such minor is then engaged in a lawful pursuit or activity which requires the presence of the minor in such public places during the hours specified in this section; or
3. The minor is emancipated pursuant to ORS 419B.550 through 419B.558. [Ord. 1016 § 3, 1995.]
9.15.040 Parent or guardian not to allow curfew violation.
A parent, guardian, or person having the care and custody of a minor under the age of 18 years shall not knowingly allow a minor to be in or upon any street, highway, park, alley or other public place between the hours specified in MCC 9.15.030. [Ord. 1016 § 4, 1995.]
9.15.050 Enforcement.
Any law enforcement officer may take any minor into custody for being in violation of the provisions of MCC 9.15.030 or ORS 419C.680(5) as provided in ORS 419C.080, 419C.085 and 419C.088. [Ord. 1016 § 5, 1995.]
9.15.060 Duty of parent or guardian to get minor.
No parent, guardian or other adult person having the legal care and custody of the minor shall refuse to come to the place of the minor’s detention and take the minor into his or her custody immediately upon being notified by the Marion County sheriff’s office. [Ord. 1016 § 6, 1995.]
9.15.070 Presumption.
A presumption exists and imposes upon the parent, guardian or other adult person having the legal care and custody of the minor as follows:
A. The parent, guardian or other adult person having the legal care and custody of the minor knew and allowed the minor to violate MCC 9.15.030; and
B. This is a rebuttable presumption having the same application and definition as found in ORS 40.120. [Ord. 1016 § 7, 1995.]
9.15.080 Penalty section.
Any parent, guardian or other adult person having the legal care and custody of the minor, who knowingly allows any minor to violate MCC 9.15.030, shall be subject, upon judgment, to a civil fine of not more than $500.00 for a noncontinuing violation and a fine of not more than $1,000 for a continuing violation. [Ord. 1016 § 8, 1995.]