Chapter 9.20
PROTECTION OF MINORS
Sections:
9.20.010 Tobacco purchase and possession by minors prohibited.
9.20.010 Tobacco purchase and possession by minors prohibited.
(1) Except as provided in subsection (4) of this section, no person under 18 years of age shall purchase, attempt to purchase or acquire cigarettes, cigars or tobacco in any form.
(2) Except when a person under the age of 18 years of age is in a private residence accompanied by the parent or guardian of the minor and with the consent of such parent or guardian, no person under 18 years of age shall have personal possession of cigarettes, cigars or tobacco in any form.
(3) No person shall sell, barter, trade, give or in any way furnish a person under the age of 18 years with cigarettes, cigars or tobacco in any form.
(4) A person under the age of 18 years acting under the supervision of an adult may purchase, attempt to purchase or acquire cigarettes, cigars and tobacco products for the purpose of testing compliance with a Federal law, State law, City ordinance or retailer management policy limiting or regulating the delivery of tobacco products to minors. (Ord. 687, § 1; amended by Ord. 1268, § 1, January 6, 2009. Code 1983 § 41.110.)
9.20.020 Penalty.
Any person violating any provision of MCC 9.20.010 shall upon conviction thereof be fined in any sum not exceeding $100.00. (Ord. 126, § 2; amended by Ord. 1164, June 5, 2001. Code 1983 § 41.195.)
9.20.030 Curfew.
(1) No minor under 18 years of age shall be in or upon any street, highway, park, alley, or other public place, between the hours specified in subsection (2) of this section unless:
(a) The minor 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 custody of the minor.
(b) The minor is engaged in a lawful pursuit or activity which requires the minor’s presence upon the street, highway, park, alley or other public place, and the minor has written authorization from a parent or guardian to be in a public place at that time.
(c) The minor is emancipated under ORS 419B.550 through 419B.558.
(2) For the purposes of this section, the applicable hours of curfew are between 11:00 p.m. and 4:00 a.m. of the following morning except on Friday and Saturday night the curfew hours are between 11:59 p.m. and 4:00 a.m. of the following morning.
(3) No parent, guardian, or other person having legal custody of a minor under the age of 18 years shall permit the minor to be in violation of this section.
(4) Any police officer is authorized to take a minor who is violating a provision of this section into custody as provided by ORS 419B.150.
(5) Violation of subsection (3) of this section by a parent, guardian, or person having legal custody of a minor is punishable by a fine not to exceed $100.00. (Ord. 546, § 1; amended by Ord. 1093, § 7, June 6, 1995; Ord. 1311, § 1, April 16, 2013. Code 1983 § 41.210.)
9.20.040 Truancy.
(1) Except as provided in subsection (2) of this section, all minors between the ages of seven and 18 years who have not completed the twelfth grade shall attend regularly a public full-time school, as required by ORS 339.010. For the purpose of this section, “attend regularly” means to attend school during those hours for the full-time school which the minor would attend in the school district in which the minor resides, on any day on which the school is in session.
(2) Subsection (1) of this section does not apply to:
(a) A minor being taught in a private or parochial school in the courses of study usually taught in grades one through 12 in the public schools and in attendance for a period equivalent to that required of children attending public schools;
(b) A minor who proves to the satisfaction of the district school board that he or she has acquired equivalent knowledge to that acquired in the courses of study taught in grades one through 12 in the public schools;
(c) A minor who has received a high school diploma;
(d) A minor being taught for a period equivalent to that required of children attending public schools by a private teacher the courses of study usually taught in grades one through 12 in the public school;
(e) A minor being educated in the minor’s home by a parent or legal guardian;
(f) A minor excluded from attendance as provided by law; or
(g) A minor granted an exemption from compulsory attendance by rule adopted by the State Board of Education pursuant to ORS 339.030(2).
(3) When a police officer has reasonable grounds to suspect a minor may be in violation of subsection (1) of this section, the police officer may contact the minor and make such investigation as may be necessary or appropriate to determine if the minor is in violation of subsection (1) of this section.
(4) If a police officer has probable cause to believe a minor is in violation of subsection (1) of this section:
(a) A police officer may take the minor into custody and deliver the minor to the minor’s school principal or attendance supervisor, or their designees, or to the minor’s parent or legal guardian; and
(b) A police officer may refer the minor to the Polk County Juvenile Department.
(5) Any parent, guardian or person having the care and custody of any minor between the ages of seven and 18 who has not completed the twelfth grade shall take reasonable steps to prevent such child from violating this section, and shall further send such child to and maintain such child in regular attendance at a public school during the entire school term or comply with the exemptions set forth in subsection (2) of this section.
(6) Violation of this section upon a first and second offense shall constitute a civil infraction. Violation of this section upon a third and subsequent offenses shall constitute a Class C misdemeanor. (Ord. 1315, § 1, April 16, 2013. Code 1983 § 41.215.)