A. Purpose of Curfew for Minors. The purpose of this section is to:
1. Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city of Estacada;
2. Promote the safety and well-being of the city’s youngest citizens, persons under the age of eighteen (18) whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities and to being victimized by older perpetrators of crime; and
3. Foster and strengthen parental responsibility for children.
B. Definitions. As used in this section, the following words and phrases shall have the means ascribed to them below:
“Curfew hours.” As to minors under fourteen (14) years of age the hours of curfew shall be between nine-fifteen p.m. and six 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 ten-fifteen p.m. and six a.m. the following morning. As to minors fourteen (14) years of age or older, the hours of curfew shall be between ten-fifteen p.m. and six a.m. the following morning except on any day immediately preceding a day for which no public school is scheduled in the city, the curfew shall be between twelve midnight and six a.m. the following morning.
“Emergency” means unforeseen circum-stances or the status or condition resulting therefrom requiring immediate action to safeguard life, limb or property. The term includes, but is not limited to, fires, natural disasters, automobile accidents or other similar circumstances.
“Establishment” means any privately owned place of business within the city operated for a profit to which the public is invited including, but not limited to, any place of amusement or entertainment. With respect to such establishment, the term “operator” shall mean any person in any firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) conducting or managing that establishment.
“Minor” means any person under eighteen (18) years of age who has not been emancipated by court order.
“Officer” means a police or other law enforcement officer charged with the duty of enforcing the laws of Oregon or the ordinances of the city of Estacada.
“Parents” means:
a. A person who is a minor’s biological or adoptive parent and who has legal custody of a minor (including either parent if custody is shared under a court order or agreement);
b. A person who is the biological or adoptive parent with whom a minor regularly resides;
c. A person judicially appointed as a legal guardian of the minor; and/or
d. A person eighteen (18) years of age or older standing in local parentis (as indicated by the authorization of an individual listed in subsections a, b or c of this definition for the person to assume the care or physical custody of the child or as indicated by any other circumstances).
“Person” means an individual and not any association, corporation or any other legal entity.
“Public place” means any place to which the public or a substantial group of the public has access including, but not limited to, streets, highways, roads, sidewalks, alleys, avenues, parks and/or the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and shops.
“Regular school hours” means the hours of the full time school which the minor would attend in the school district in which the minor resides on any day for which school is in session or if such school in the school district of residence is unknown “regular school hours” are the school hours of the Estacada School District No. 108 on any day for which school is in session.
“Remain” refers to the following actions:
a. To linger or stay at or upon a place; and/or
b. To fail to leave a place when requested to do so by an officer or by the owner, operator or other person in control of that place.
“Temporary care facility” means a nonlocked, nonrestrictive shelter at which minors may wait under visual supervision to be retrieved by a parent. Minors waiting in such facilities shall not be handcuffed and/or secured by handcuffs or otherwise to any stationary object.
C. Curfew. It is unlawful for a minor during curfew hours to remain in or upon any public place within the city, to remain in any motor vehicle operating or parked therein or thereon or to remain in or upon the premises of any establishment within the city unless:
1. The minor is accompanied by a parent as defined in this section; or
2. The minor is engaged in a lawful pursuit or activity which requires the presence of the minor in such public places during the hours specified in this section; or
3. The minor is involved in an emergency; or
4. The minor is engaged in an employment activity or is going to or returning home from such activity without detour or stop; or
5. The minor is on the sidewalk directly abutting a place where he or she resides with a parent; or
6. The minor is attending an activity sponsored by a school, religious or civic organization, by a public organization or agency, or by another similar organization or entity which activity is supervised by adults and/or the minor is going to or returning from such an activity without detour or stop; or
7. The minor is on an errand at the direction of a parent and the minor has in his or her possession a writing by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand; the telephone number where the parent may be reached during the errand; the name of the minor and a brief description of the errand, the minor’s destination and the hours the minor is authorized to be engaged in the errand; or
8. The minor is involved in interstate travel through or beginning or terminating in the city of Estacada; or
9. The minor is exercising first amendment rights protected by the United States Constitution such as the free exercise of religion, freedom of speech and the right of assembly.
D. Parental Responsibility.
1. No parent shall allow such minor to be in or upon any street, highway, park, alley or other public place between the hours specified in subsection B of this section except as otherwise provided in subsection C of this section.
2. It is unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of subsection C of this section.
3. It is unlawful for the operator of any establishment or for any person who is an employee thereof to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during curfew hours. It shall be a defense to prosecution under this subsection that the operator or employee of an establishment promptly notify the police department that a minor was present at the establishment after curfew hours and refused to leave.
4. It is unlawful for any person, including any minor, to give a false name, address or telephone number to any officer investigating the possible violation of subsection C of this section.
E. Truancy Reduction. It is unlawful for a minor who is at least seven years of age and under eighteen (18) years of age and who has not completed the twelfth grade to be upon any street, highway, park, alley or other public property during regular school hours except while attending school as required by ORS 339.010 to 339.065 unless such minor is:
1. Absent from the school with the school’s permission but not including students who have been suspended or expelled; or
2. Engaged in a lawful pursuit or activity that requires the minor’s presence somewhere other than school during regular school hours which is authorized by the parent or other person having legal care and custody of such minor; or
3. Lawfully emancipated pursuant to ORS 419B.550 to 419B.558; or
4. Exempt from compulsory school attendance pursuant to ORS 339.030.
F. Enforcement. Before taking any enforcement action hereunder, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or establishment within the city during curfew hours is a violation of this section. If such investigation reveals that the presence of such minor is in violation of this section, then:
1. If the minor has not previously been issued a warning for any such violation, then the officer shall issue a verbal warning to the minor and a written warning mailed to the parent.
2. If the minor has previously been issued a warning for any such violation, then the officer shall charge the minor with a violation of this section and shall issue a summons requiring the minor to appear in Estacada municipal court. As soon as practicable after conducting such investigation and issuing warnings and/or citations the officer shall release the minor to his or her parents or place the minor in a temporary care facility for a period not to exceed the remainder of the curfew hours so that his or her parents may retrieve the minor. If a minor refuses to give an officer his or her name and address, refuses to give the name and address of his or her parents, or if no parent can be located prior to the end of the applicable curfew hours or if located no parents appears to accept custody of the minor, the minor may be taken into custody as provided in ORS 419C.080, 419C.085 and 419C.088. (Ord. 2007-3 §§ 5, 6; Ord. 2000-21 § 1: prior code § 5.171)