Chapter 9.35
OFFENSES RELATING TO MINORS
Sections:
9.35.010 Endangering welfare of a minor.
9.35.030 Providing liquor to minors.
9.35.040 Purchase or possession of liquor by a minor.
9.35.050 Purchase of property from minors.
9.35.080 Refusal of parent or guardian to take custody.
9.35.090 Failing to supervise a minor.
9.35.010 Endangering welfare of a minor.
1. 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 HMC 9.35.020(3).
2. No person shall solicit, aid or cause a person under 18 years of age to:
a. Violate a law of the United States or a state, or to violate a City or county ordinance.
b. Run away or conceal himself from a person or institution having lawful custody of the minor. [Ord. 688 § 41, 1995.]
9.35.020 Places of amusement.
1. No person under 18 years of age shall enter, visit or loiter in or about a public cardroom, poolroom or billiard parlor.
2. No person operating or assisting in the operation of a public cardroom, poolroom or billiard parlor shall permit a person under 18 years of age to engage in a game of cards, pool, billiards, dice or games of chance, for amusement or otherwise.
3. This section shall not apply to playing billiards or pool in a recreational facility. As used in this section, “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:
a. Is clean, adequately supervised, adequately lighted and ventilated;
b. No alcoholic liquor is sold or consumed; and
c. Where access does not require passing through a room where alcoholic liquor is sold or consumed. [Ord. 688 § 42, 1995.]
9.35.030 Providing liquor to minors.
No person shall sell, give, serve or otherwise make available any alcoholic liquor to a minor except as provided in HMC 9.35.040. [Ord. 688 § 43, 1995.]
9.35.040 Purchase or possession of liquor by a minor.
1. Except as provided in this section, no minor shall attempt to purchase, acquire or have in his/her possession alcoholic liquor.
2. For the purposes of this section, possession of alcoholic liquor includes acceptance or consumption of a bottle of such liquor, or any portion thereof, or a drink of such liquor. However, this section does not prohibit a person from accepting or consuming sacramental wine as part of a religious rite or service. [Ord. 688 § 44, 1995.]
9.35.050 Purchase of property from minors.
No person shall purchase any property or article of value from a minor or have dealings respecting the title of property in the possession of a minor without the written consent of the parent or guardian of the minor. [Ord. 688 § 45, 1995.]
9.35.060 Curfew.
1. No person under the age of 18 years shall be on any city property, including a public right-of-way or other unsupervised place, between the hours of 10:00 p.m. and 4:00 a.m. unless:
a. Such minor person is accompanied by a parent or legal guardian.
b. Such minor is directly en route from a job or scheduled public activity, such as a movie at a theater, to the person’s home or other location where a parent or legal guardian will be.
c. The minor is emancipated under ORS 419B.550 through 419B.558.
2. No adult person having the care and custody of a minor under the age of 18 years shall permit such minor to violate the provisions of subsection (1) of this section, except as otherwise provided in that subsection. [Ord. 906 § 1, 2012; Ord. 698 § 5, 1995; Ord. 688 § 46, 1995.]
9.35.070 Police custody.
Any police officer is authorized to take a minor violating a provision of this chapter into custody. [Ord. 906 § 1, 2012; Ord. 688 § 47, 1995.]
9.35.080 Refusal of parent or guardian to take custody.
No parent, guardian, or other person having legal custody of a minor taken into police custody as provided in HMC 9.35.070 shall refuse to come immediately and take custody of the minor upon being notified to do so by the police. [Ord. 688 § 48, 1995.]
9.35.090 Failing to supervise a minor.
1. A person commits the offense of failing to supervise a minor if: The person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child under 15 years of age and the child has been found on private property or premises open to the public and is cited for any violation of any provision of this code or State law and sufficient facts exist to find that the child committed the offense.
2. It shall be a defense to the offense of failure to supervise a minor if the child’s citation for violation of any provision of this code occurred in the presence of the person. It shall be a defense to the offense of failure to supervise a minor if the citation was issued pursuant to an occurrence on private property of the person. It is a defense that the parent, legal guardian or person with legal responsibility for the safety and welfare of the child took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.
3. In addition to any fine or penalty imposed pursuant to this section, the Court may order the person to pay any restitution to a victim of the minor’s conduct, not to exceed $2,500. The Court shall credit the person ordered to pay restitution the actual dollars paid by the minor pursuant to any juvenile court order or juvenile code agreement.
a. On the first conviction, the Court shall warn the person of the penalty for future convictions of failing to supervise the child and shall suspend imposition of sentence. The Court shall not order restitution upon the first conviction for this offense.
b. Where there has been one prior conviction, the Court, with the consent of the person, may suspend imposition of sentence and order the person to complete a parent effectiveness program approved by the Court. Upon the person’s completion of the parent effectiveness program to the satisfaction of the Court, the Court may discharge the person. If the person fails to complete the parent effectiveness program to the satisfaction of the Court, the Court may impose a sentence. There may only be one suspension of conviction with respect to the parent, legal guardian or person with legal responsibility for the child.
4. The offense described in this section of failure to supervise a minor is a violation punishable by a maximum fine of $750.00. [Ord. 946 § 2, 2016; Ord. 723 §§ 1 – 4, 1996.]