Chapter 9.28
OFFENSES BY OR AGAINST MINORS
Sections:
9.28.020 Soliciting delinquent acts by a minor.
9.28.030 Unattended children in vehicles.
9.28.040 Parental supervision and responsibility.
9.28.010 Curfew.
A. No minor under the age of eighteen (18) years shall be in or upon any street, highway, alley, park or other public place between the hours of eleven p.m. and five a.m. of the following morning between Sunday evening and Friday morning, or between the hours of twelve midnight and five a.m. between Friday evening and Sunday morning, unless:
1. Such a minor is accompanied by a parent, guardian, or other person eighteen (18) years of age or over and authorized by the parent or by 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 places during the hours specified in this subsection.
B. No parent, guardian or other person having the care and custody of a minor under the age of eighteen (18) years shall allow such minor to be in or upon any street, highway, park, alley or any other public place between the hours specified in subsection A of this section, except as otherwise provided in that subsection.
C. Any minor who violates this section may be taken into custody and subjected to further proceedings as provided in ORS Chapters 419A through 419C. (Ord. 875 § 2 (part), § 3(H) (part), 1997; Ord. 763 § 5-181, 1989)
9.28.020 Soliciting delinquent acts by a minor.
No person shall solicit, aid, abet or cause a minor under the age of eighteen (18) years to:
A. Violate a law of the United States or of a state, or to violate a city or county ordinance;
B. Do an act which endangers the health, safety or welfare of the minor or of another person;
C. Run away or conceal himself from a person or institution having lawful custody of the minor. (Ord. 763 § 5-183, 1989)
9.28.030 Unattended children in vehicles.
A. No person having custody or control of a child under ten years of age shall leave the child unattended in any vehicle on a public street or alley, or a parking area that is open to the public for a period of time longer than fifteen (15) consecutive minutes.
B. For the purposes of this section, to “leave a child unattended” means to leave a child without the custody or control of a person sixteen (16) years of age or older.
C. Any officer of the Sutherlin police department, finding a minor left unattended in violation of the terms of this section, is authorized to enter the vehicle and remove the child, using such force as is reasonably necessary to effect an entrance to the vehicle in order to remove the child. (Ord. 763 § 5-210, 1989)
9.28.040 Parental supervision and responsibility.
A. A person commits the offense of failing to supervise a minor if:
1. The person is the parent or legal guardian responsible for the safety and welfare of a child under eighteen (18) years of age;
2. The child has been found in violation of a curfew or any other provision of this code or Oregon Revised Statutes which is punishable as either a felony, misdemeanor or infraction; and
3. The person has been found by clear and convincing evidence to have been neglectful or negligent in his or her responsibilities, in allowing the child to be unsupervised at the time of the offense.
B. The following are affirmative defenses for a person charged with violation of subsection A of this section:
1. If that person took reasonable steps to control the conduct of the child at the time the child committed the offense;
2. If the child is exonerated or otherwise found after a trial to be not guilty; or
3. If the parent did not have physical custody of the child, pursuant to a court order or a marital settlement agreement, at the time of the offense.
C. In interpreting and implementing this section it shall be presumed that the father and mother of a child are equally responsible for the supervision and control of such child.
D. In addition to any fine or penalty imposed pursuant to this section, the judge of the Sutherlin municipal court may order the person to pay any restitution to a victim of the minor’s unlawful conduct where the child does not have the ability to provide financially for such restitution. The amount of restitution ordered pursuant to this section shall not exceed two thousand five hundred dollars ($2,500.00).
E. 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 one hundred dollars ($100.00) if the person successfully participates and completes a parent effectiveness program to the satisfaction of the court.
F. The offense described in this section is a Class A infraction punishable by a maximum fine of one thousand dollars ($1,000.00). (Ord. 841 §§ 1–6, 1996)