Chapter 9.20
OFFENSES INVOLVING MINORS

Sections:

9.20.010    Curfew.

9.20.030    Truancy.

9.20.010 Curfew.

A.    It is unlawful for any person under the age of eighteen years to be upon the public streets, sidewalks, parks, playgrounds or other unsupervised places within the city between the hours of twelve midnight and five a.m. unless the person is in the custody or, accompanied by a parent or guardian or suitable adult person selected by such parent or guardian or unless such person is at that time going directly to and without any delay the person’s home.

B.    Any person violating any provision of this section shall be punished by a fine not to exceed five hundred dollars or by imprisonment not to exceed sixty days or by both such fine and imprisonment.

(Ord. 394 §§ 1, 2, 1975)

9.20.030 Truancy.

A.    "Regular school hours" are the hours of the full-time school that the minor would attend in the school district where the minor resides, on any day that school is in session, or, if the school in the school district of residence is unknown, "regular school hours" are the school hours of the Phoenix-Talent District on any day that school is in session.

B.    A minor who is at least seven years of age and under eighteen years of age and who has not completed the twelfth grade may not be upon any public property or public right-of-way during regular school hours except while attending school as required by ORS 339.010 to 339.065, unless the minor is:

1.    Absent from the school with the school’s permission, but not including students who have been suspended or expelled; or

2.    Engaged in a lawful pursuit or activity that requires the minor’s presence somewhere other than school during regular school hours, and which is authorized by the parent, guardian, or other person having legal care and custody of the minor; or

3.    Lawfully emancipated pursuant to ORS 419B.550 to 419B.558; or

4.    Exempt from compulsory school attendance pursuant to ORS 339.030.

C.    If a police officer has reasonable suspicion to believe that a minor is in violation of this section, the officer is authorized to detain the minor and make reasonable inquiry regarding a potential violation of subdivision 1 of subsection B of this section.

D.    If a police officer has probable cause to believe that a minor is in violation of this section, the officer is authorized to return the minor to the custody of the school.

E.    This section is not intended in any way to limit the authority of a police officer to take any other action authorized by law, including taking a minor into protective custody.

(Ord. 866, 2006)