(A) Minors on streets at night during times when schools are in session. It shall be unlawful for any person under 18 years of age to be or to remain upon any street, alley or other public place in the City of Union after 10:00 p.m. Sunday through Thursday, and 11:00 p.m. on Friday and Saturday nights during the months of September through May, unless the person is accompanied by a parent, guardian or other person having custody of the minor, or unless in the performance of duty directed by the parent, guardian or other person having custody, or unless the person is in lawful employment making it necessary to be in places after 10:00 p.m.
(B) Minors on streets at night during summer vacation.
(1) It shall be unlawful for any person under 18 years of age to be or remain upon any street, alley or other public place in the city (subject to the limitations of division (B)(2) below) after 11:00 p.m. during the months of June, July and August, unless the person is accompanied by a parent, guardian or other person having custody of the minor, or unless in the performance of duty directed by the parent, guardian or other person having custody, or unless the person is in lawful employment making it necessary to be in places after 11:00 p.m.
(2) It shall be unlawful for any person under 18 years of age to be or remain in the city park after 9:00 p.m. during the months of June, July and August, unless the person is accompanied by a parent, guardian or other person having custody of the minor, or unless in the performance of duty directed by the parent, guardian, other person having custody, or unless the person is in lawful employment making it necessary to be in places after 9:00 p.m.
(C) Permitting minors to violate curfew. It shall be unlawful for anyone having the legal care and custody of any person, as described above, to allow or permit the person to go or be upon any public street, alley or other public place in the City of Union during restricted hours as set forth in divisions (A) and (B) above, except in case of emergency.
(D) Detaining minors. Every member of the City of Union police force, while on duty, is hereby authorized to detain any minor wilfully violating the provisions of divisions (A) and (B) above until the parent or guardian of the child shall take him or her into custody, but the officer shall immediately, upon taking custody of the child, communicate with the parent or guardian.
(E) Delinquent minors. If it shall appear that any child taken into custody for violation of the first and second sections of this section is incorrigible, beyond parental control or has no home, proper proceedings shall be taken to have the child placed in the care of the State of Oregon as provided by statute.
(F) Responsibility of parent, guardian or other adult having care and control of minor. It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 18 years to knowingly permit the minor to be or remain upon any street, alley or other public place in the City of Union as described in divisions (A) and (B) above.
(G) Exceptions. This section does not apply to a minor who is:
(1) Accompanied by the minor’s parent or guardian;
(2) On an 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 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. 311, passed 5-3-1976; Ord. 495, passed 7-18-2005) Penalty, see § 10.99