Chapter 9.12
CURFEW FOR MINORS

Sections:

9.12.010    Hours of curfew.

9.12.020    Violation by parent or custodian.

9.12.030    Taking child into custody.

9.12.040    Exemption.

9.12.050    Permit for expressive activity.

9.12.060    Severability clause.

9.12.010 Hours of 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. the following morning unless such a minor is:

1. Accompanied by a parent, guardian or other person 21 years of age or over and authorized by the parent or by law to have care and custody of the minor; or

2. Engaged is a lawful pursuit or activity which requires the presence of the child, or there exists a reasonable necessity for the presence of the child during the hours specified in this section; or

3. Such a child is emancipated pursuant to ORS 419B.550 and 419B.558.

B. No minor who has attained the age of 16 years, but is under the age of 18 years, 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., the following morning, unless such minor is:

1. Accompanied by a parent, guardian or other person 21 years of age or over and authorized by the parent or by law to have care and custody of the minor; or

2. Engaged in a lawful pursuit or activity which required the presence of the child, or there exists a reasonable necessity for the presence of the child during the hours specified in this section; or

3. Such child is emancipated pursuant to ORS 419B.550 and 419B.558.

Violation of this section is a civil infraction. (Ord. 98-120, 1998)

9.12.020 Violation by parent or custodian.

Any parent, guardian or person having the care and custody of any child under the age of 18 years shall not knowingly allow such minor to be in or upon any street, highway, park, alley or other public place between the hours specified in SMC 9.12.010, except as otherwise provided in that section. Violation of this section is a civil infraction. (Ord. 98-120, 1998)

9.12.030 Taking child into custody.

Any police officer is authorized to take into custody a minor violating any provisions of SMC 9.12.010 as provided in ORS 419C.080, 419C.085 and 419C.088. The officer shall use due diligence to find the parents or guardian or person having custody of the minor and shall release the minor to the parent, guardian, juvenile authorities or other authorized custodian. (Ord. 98-120, 1998)

9.12.040 Exemption.

It shall be a defense to any prosecution under this chapter if the court finds that a minor was in violation at such time as the minor has received a permit for expressive activity from the city. (Ord. 98-120, 1998)

9.12.050 Permit for expressive activity.

A minor who desires to engage in “expressive activity” at such times as would otherwise be prohibited by the “curfew” ordinance may do so by first obtaining a permit from the city. The application for the permit shall describe the type of expressive activity. It shall also describe the time(s) when such activity shall be undertaken. A permit shall be obtained at least 48 hours prior to the activity. The application for the permit shall be signed by the minor, and countersigned by the minor’s parents/guardians. There shall be no fee for the permit. As used in this chapter, the term “expressive activity” shall include those forms of religious, associational, or speech activity that are beyond the ability of the city to prohibit by virtue of the federal and state constitutions. This definition shall not be constructed to expand the scope of the term “expressive activity.” The permit shall be issued for a period not to exceed 24 hours. (Ord. 98-120, 1998)

9.12.060 Severability clause.

Should any section or portion of this chapter be held unlawful and unenforceable by any court of competent jurisdiction, such decision shall apply only to the specific section, or portion thereof, directly specified in the decision. All other sections or portions of this chapter shall remain in full force and effect. (Ord. 98-120, 1998)