(A) Curfew; generally.
(1) It shall be unlawful and a civil violation for any child under the age of 18 years to be in or remain in or upon any street, alley, park or other public place between the hours specified herein. The child shall be exempted if accompanied by a parent, guardian, or other person of the age of 18 years or more, specially chosen by the parent or o guardian to escort the child on the occasion in question, or by a person over 18 years of age having the care and custody of the child, or the child shall be exempted if engaged in any entertainment, night school, or employment which requires his or her presence in or upon the public places during the nighttime between the specified hours, or the minor shall be exempted if emancipated pursuant to O.R.S. 109.550 through 109.565.
(2) For the purpose of this section, the applicable hours shall be: as to children 14 years who have not begun high school, between 9:15 p.m. and 6:00 a.m. of the following morning, except that during the months of June, July, and August the hours shall be between 10:15 and 6:00 a.m. of the following morning; as to children 14 years of age or over or who have begun high school, the hours shall be between 10:15 p.m. Sunday, Monday, Tuesday, Wednesday, or Thursday and 6:00 a.m. of the following morning and between 12:00 a.m. midnight on Friday and Saturday or on any day prior to a legal holiday, when no school is scheduled for the legal holiday, and 6:00 a.m. of the following morning, except that during the months of June, July, and August, the hours shall be between 12:00 a.m. midnight and 6:00 am. of the following morning for any day of the week.
(3) Any child under the age of 18 years whose employment requires his or her presence in or upon public places contrary to this section shall obtain from the employer, and the employer shall issue to the employed child, a card evidencing the employment. A child failing to carry and produce the card shall not be deemed to be within the protection of the preceding provision.
(4) It shall be unlawful and a civil violation for any parent or guardian or the person having the care or custody of any child under the age of 18 years to permit or by inefficient control to allow the child to be in or remain in or upon any street, alley, park, or other public place contrary to the provision of this section. Proof that the child was on any street, alley, park, or other public place at a time prohibited shall be sufficient evidence to sustain a conviction of a violation.
(B) When section does not apply. This section does not apply to a minor who is:
(1) Accompanied by the minor's parent or guardian;
(2) On a errand at the direction of the minor's parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that o takes responsibility for the minor;
(8) 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; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
(Ord. 2007-130.36, passed 2-13-2007) Penalty, see § 130.99