Chapter 9.16
CURFEW FOR MINORS*
Sections:
9.16.060 Regular school hours.
9.16.090 Parental responsibility.
* Prior history:
9.16.010 History: Ord. 1108 §2, 1989; Ord.1193 §U994; Repealed by Ord. 1209 §1, 1995.
9.16.020 History: Ord. 1108 §2, 1989; Repealed by Ord. 1209 §1, 1995.
9.16.030 History: Ord. 1108 §2, 1989; Repealed by Ord. 1209 §1, 1995.
9.16.040 Hours of curfew.
It is unlawful for any minor under the age of eighteen (18) years who is not emancipated pursuant to ORS 419B.550 to 419B.558, to be in or upon any street, highway, park, alley, public right of way, or other public place between the hours specified in this section unless such minor is accompanied by a parent, guardian or other person twenty-one (21) years of age or older and authorized by the parent or by law to have such care and custody of the minor, or unless such minor is then engaged in an authorized school activity or lawful employment that makes it necessary to be in or upon such public place during the hours specified in this section. The curfew is between 11:00 p.m. and 5:30 a.m. of the following morning.
Statutory Reference: ORS 419B & 419C
History: Ord. 1209 §2 and §4, 1995, Ord.1429, 2010.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
9.16.050 Daytime curfew.
No minor between the age of seven (7) and eighteen (18) years and who has not completed twelfth grade shall be in or upon any street, highway, park, alley, public right of way or other public place during regular school hours as required by ORS 339.010 to 339.065 unless the minor is:
(1) Accompanied by a parent, guardian, or other person 18 years of age or over who has been authorized by the parent or by law to have care and custody of the minor;
(2) Engaged in a lawful pursuit or activity which requires the presence of the minor in such public places during regular school hours and is authorized by the minor’s parent, guardian, or other person having the legal care and custody of such minor;
(3) Lawfully emancipated pursuant to ORS 419B.550 to 419B.558;
(4) Authorized and approved in writing to be away from school as provided in ORS 339.065, but is not suspended or expelled;
(5) Exempt from compulsory school attendance pursuant to ORS 339.030; or
(6) Exercising fundamental rights protected by the United States or Oregon Constitutions including but not limited to free exercise of religion, freedom of speech, freedom of movement and right of assembly.
Statutory Reference: ORS 419B & 419C
History: Ord. 1429, 2010.
9.16.060 Regular school hours.
For purposes of the GMC Section 9.16.050, “regular school hours” are the hours of 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 Gladstone School District on any day that school is in session. A minor being home schooled shall comply with the regular hours and schedule established by the home school.
Statutory Reference: ORS 419B & 419C
History: Ord. 1429, 2010.
9.16.070 Police detention.
If a police officer has reasonable suspicion to believe that a minor is in violation of GMC Section 9.16.050 of this Chapter, the officer is authorized to detain the minor and make reasonable inquiry regarding potential violations of Section 9.16.050.
Statutory Reference: ORS 419B & 419C
History: Ord. 1429, 2010.
9.16.080 Police custody.
(1) Any minor who violates GMC Section 9.16.040 of this Chapter may be taken into custody as provided in ORS 419C.080, 419C.085 and 419C.088 and may be subject to further proceedings as provided in ORS Chapter 419C. If a minor is taken into protective custody, in violation of Section 9.16.040, it is the responsibility of the parent, guardian, or other person having legal care and custody of the minor to come immediately and take custody of the minor from police.
(2) If a police officer has probable cause to believe that a minor is in violation of GMC Section 9.16.050 of this Chapter, the officer is authorized to take the minor into protective custody pursuant to ORS 419B.150.
Statutory Reference: ORS 419B & 419C
History: Ord. 1429, 2010.
9.16.090 Parental responsibility.
No parent, guardian or 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, public right of way, or other public place, in violation of GMC Section 9.16.040 or Section 9.16.050 of this Chapter and except as otherwise provided in those sections. In a prosecution of a person under Section 9.16.050, it is an affirmative defense that the person reported the minor’s act to the appropriate authorities. Violation of this section shall be deemed to be a Class “A” infraction.
Statutory Reference: ORS 419B & 419C
History: Ord. 1209 §2 and §4, 1995, Ord.1429, 2010.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]