Chapter 9.20
OFFENSES AGAINST MINORS
Sections:
9.20.020 Children confined in vehicles.
9.20.030 Endangering welfare of minor.
9.20.060 Misrepresentation of age by minor.
9.20.070 Failing to supervise a child.
9.20.010 Child neglect.
No person having custody or control of a child under 10 years of age shall, with criminal negligence, leave the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child. [Ord. 1703, 8-20-73. Code 2001 § 133.01.]
Penalty: See NMC 9.20.080.
9.20.020 Children confined in vehicles.
A. No person who has under their control or guidance a child under 10 years of age shall lock or confine, or leave the child unattended, or permit the child to be locked or confined or left unattended in a vehicle for a period of time longer than 15 consecutive minutes or such a period of time as may be likely to endanger the health or welfare of such child.
B. It shall be lawful and the duty of a policeman or other peace officer, finding a child confined in violation of the terms of this section, to enter the vehicle and remove the child, using such force as is reasonably necessary to effect an entrance to the vehicle where the child may be confined in order to remove the child. [Ord. 2733 Att. A, 2-7-11; Ord. 1703, 8-20-73. Code 2001 § 133.02.]
Penalty: See NMC 9.20.080.
9.20.030 Endangering welfare of 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 NMC 9.20.050(C).
B. 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 the minor’s self from a person or institution having lawful custody of the minor. [Ord. 1703, 8-20-73. Code 2001 § 133.03.]
Penalty: See NMC 9.20.080.
9.20.040 Curfew.
A. Prohibition. No minor under the age of 18 years shall be in or upon any street, highway, park, alley, or other public place between the hours specified in subsection (B) of this section, 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 a 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 place during the hours specified in this section; or
3. The minor is emancipated pursuant to ORS 419B.550 through 419B.558.
B. Hours of Curfew. The following hours of curfew apply to the minors under the ages specified:
1. For minors under the age of 15 years:
a. 9:30 p.m. and 4:00 a.m. of the following morning on nights preceding a day in which school is scheduled to be held in the Newberg School District 29JT;
b. 10:30 p.m. and 4:00 a.m. of the following morning on nights preceding a day in which school is not scheduled to be held in the Newberg School District 29JT.
2. For minors 15 years of age or older:
a. 10:30 p.m. to 4:00 a.m. of the following morning on the night preceding a day in which school is scheduled in a high school of the Newberg School District 29JT;
b. 12:00 a.m. to 4:00 a.m. of the following morning on nights preceding a day in which school is not scheduled to be held in a high school of the Newberg School District 29JT. [Ord. 2458, 12-2-96; Ord. 1703, 8-20-73. Code 2001 § 133.04.]
Penalty: See NMC 9.20.080.
9.20.050 Places of amusement.
A. No person under 18 years of age shall enter, visit or loiter in or about a public cardroom, poolroom or billiard parlor.
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 therein in any game of cards, pool, billiards, dice, darts, pinball, games of like character or games of chance, either for amusement or otherwise.
C. This section shall not apply to the playing of billiards or pool in a recreational facility. As used in this section, a “recreational facility” means an area, enclosure or room in which facilities are offered to the public to play billiards or pool for amusement only, and which is clean, adequately lighted and ventilated; in which no alcoholic liquor is sold or consumed; and access to which does not require passing through a room where alcoholic liquor is sold or consumed. [Ord. 1703, 8-20-73. Code 2001 § 133.05.]
Penalty: See NMC 9.20.080.
9.20.060 Misrepresentation of age by minor.
No person shall:
A. Being less than a certain, specified age, knowingly represent the person’s self to be of any age other than the person’s true age with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain, specified age.
B. Being unmarried, knowingly represent that the person is married with the intent of securing a right, benefit or privilege which by law is denied to unmarried persons. [Ord. 1703, 8-20-73. Code 2001 § 133.06.]
Penalty: See NMC 9.20.080.
9.20.070 Failing to supervise a child.
A. A person commits the offense of failing to supervise a child if the person is a custodial parent, or the parent having physical custody at the time the child commits the act, lawful guardian, or other person lawfully charged by a court of competent jurisdiction with the care or custody of a child under 18 years of age, and the child:
1. Violates NMC 9.20.040, Curfew;
2. Violates ORS 167.400 prohibiting tobacco possession by minors;
3. Violates ORS 471.430 prohibiting the purchase or possession of liquor by a person under 21; entry of licensed premises by a person under 21; community service and suspension of driving privileges; or
4. Fails to attend school as required under ORS 339.010, which, in turn, refers to ORS 339.030, which notes the following exceptions:
a. Children 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. Children being taught for a period equivalent to that required of children attending public schools by a parent or private teacher in the courses of study usually taught in grades one through 12 in the public school.
c. Children excluded from attendance as provided by law.
d. A child excluded by rule of the State Board of Education from compulsory education when said child is 16 or 17 years of age and who is lawfully employed full-time, lawfully employed part-time and enrolled in school, or enrolled in a community college or other state-registered alternative education program. Such exemption also may be granted to any child who is an emancipated minor or who has initiated the procedure for emancipation under ORS 419B.550 through 419B.558.
B. Nothing in this section applies to a child-caring agency as defined in ORS 418.205 or to foster parents.
C. A person shall not be in violation of this section if the person:
1. Reported the act to the appropriate authorities; or
2. Took reasonable steps to control the conduct of the child that is complained of in subsection (A) of this section.
D. The first time a person is convicted of an offense described in subsection (A) of this section, the person shall not be required to pay a fine exceeding $100.00 if the person successfully participates and completes a parent effectiveness program as designated by the court. [Ord. 2459, 12-2-96. Code 2001 § 133.07.]
Penalty: See NMC 9.20.080.
Cross-reference: For other exceptions to attendance, see ORS 339.030(b), (c), (e) and (f); and ORS 433.267 for immunization requirements. Also, see Chapter 34 ORS pertaining to juveniles.
9.20.080 Penalty.
A. Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the penalty provided in NMC 9.05.120.
B. Any minor who violates the provisions of NMC 9.20.040 may be fined up to $100.00 and/or be taken into custody as provided in ORS 419C.080, 419C.085 and 419.088. The minor may be subjected to further proceedings as provided by law.
C. Violation of any provisions of NMC 9.20.070 is punishable by a Class 1 civil infraction. [Ord. 2459, 12-2-96; Ord. 2458, 12-2-96; Ord. 1703, 8-20-73. Code 2001 § 133.99.]
Cross-reference: For further juvenile proceedings, see ORS 419C.680(5).