Chapter 5.14
CURFEW
Sections:
5.14.005 Short Title.
5.14.010 Definitions.
5.14.015 Prohibition of Certain Minors Being in Public Places During Certain Times.
5.14.020 Hours of Curfew.
5.14.025 Prohibition of Parents from Allowing Minors to Be in Public Places During Curfew Hours.
5.14.030 Custody of Minors Violating Curfew.
5.14.035 Affirmative Defenses.
5.14.040 Penalty.
5.14.005 Short Title.
BC 5.14.005 through 5.14.040 shall be known and may be cited as the “Curfew Ordinance,” and may also be referred to herein as “this ordinance”. [BC 5.14.005, added by Ordinance No. 3633, 8/15/88]
5.14.010 Definitions.
For purposes of this ordinance, the following mean:
Minor – A person who is under 18 years of age.
Parent – the natural or adoptive father or mother of a dependent child or the stepfather or stepmother of a dependent child, when such stepparent has a legal obligation to support the child.
Public Place – includes any public roadway or any premises open to the general public, whether the premises are publicly or privately owned and whether or not a fee is charged for the use of the premises.
Unemancipated – certain rights of majority have not been conferred pursuant to state law.
5.14.015 Prohibition of Certain Minors Being in Public Places During Certain Times.
No unemancipated minor shall be in a public place during the hours of curfew specified in BC 5.14.020 of this ordinance, unless accompanied or visually supervised by a parent or a person 18 years of age or over who is authorized to have care and custody of the minor either by law or by a parent of the minor, provided, however that no minor shall be prohibited from being in a public place while engaged in traveling to or from a place of employment or an educational, religious or similar activity.
5.14.020 Hours of Curfew.
A. As to minors under 14 years of age:
1. During the months September through May, the hours of curfew shall be between 9:15 p.m. and 6:00 a.m. the following morning, except that on any day immediately preceding a day for which no public school is scheduled in the city, the curfew shall be between 10:15 p.m. and 6:00 a.m. the following morning.
2. During the months June through August, the hours of curfew shall be between 10:15 p.m. and 6:00 a.m. the following morning.
B. As to minors 14 years of age or older:
1. During the months September through May, the hours of curfew shall be between 10:15 p.m. and 6:00 a.m. the following morning, except that on any day immediately preceding a day for which no public school is scheduled in the city, the curfew shall be between 11:59 p.m. and 6:00 a.m. the following morning.
2. During the months June through August, the hours of curfew shall be between 11:59 p.m. and 6:00 a.m. the following morning.
5.14.025 Prohibition of Parents from Allowing Minors to Be in Public Places During Curfew Hours.
No parent of a minor shall allow or fail to prohibit such minor to be in a public place in violation of BC 5.14.015.
5.14.030 Custody of Minors Violating Curfew.
Any minor who violates any provision of this ordinance may be taken into temporary custody as provided by ORS 419.760 and may be subjected to further proceedings as provided therein.
5.14.035 Affirmative Defenses.
The following are affirmative defenses to the offenses described in BC 5.14.015 and 5.14.025, to be proved by the defendant by a preponderance of the evidence:
A. That the minor was accompanied by a parent or by a person 18 years of age or over who was authorized to have care and custody of the minor either by law or by a parent of the minor; or
B. That the minor was engaged in traveling to or from a place of employment or an educational, religious or similar activity.
5.14.040 Penalty.
Violation of BC 5.14.025 of this ordinance constitutes a Class 1 civil infraction to be processed in accordance with the provisions of BC 2.10.010 through 2.10.050. [BC 5.14.005 through 5.14040 added by Ordinance No. 3633, 8/15/88]