9.04            Criminal Code Adopted
9.08            Curfew
9.12            Parental Responsibility

Chapter 9.04

Sections:
9.04.010 State Criminal Code adopted - Exceptions.

9.04.010 State Criminal Code adopted - Exceptions.
The 1997 Criminal Code of the State of Oregon, as printed and published by the Legislative Counsel Committee, including selective laws relating to juvenile court proceedings, alcohol, liquors and controlled substances, including the penalties therefor, is adopted in its entirety, save and except any sections thereof pertaining to felonies. In addition, any amendments are also adopted and made a part of the ordinance codified in this section. (Ord. 645 § 1, 1997)

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Sections:
9.08.010 Curfew.
9.08.020 Responsibility of parents or guardians.
9.08.030 Custody of violators.
9.08.040 Jurisdiction.
9.08.050 Detention of violator.
9.08.060 Violation - Penalty.
9.08.070 Exemption.
9.08.080 Permit for expressive activity.

9.08.010 Curfew.
No minor under the age of eighteen (18) years shall be in or upon any street, highway, park, alley or other public place between the hours of ten p.m. and four a.m. of the following morning, Sunday through Thursday of each given week; and twelve a.m. (midnight) and four a.m. of the following morning, Friday and Saturday of each given week; unless such minor is accompanied by a parent, guardian or other person twenty-one (21) years of age or over who is authorized by the parent or by law to have care and custody of such minor. Provided, however, that if, by reason of the employment or the schooling of any such minor, it is necessary for such minor to be in such places during the hours prohibited by this chapter, such minor may apply to the chief of police of the City of Waldport for a permit therefor. Such permit may be granted to such minor for any period not exceeding one year, and shall be revocable at any time by the officer issuing the same for a just cause. When an application for such permit is made, the chief of police shall investigate and determine whether or not the minor has the consent of his or her parent or guardian and whether said application is made in good faith and is reasonably necessary. The permit shall set forth the place of employment and the location of the school. (Ord. 628 § 1, 1996: Ord. 307 § 2, 1966)

9.08.020 Responsibility of parents or guardians.
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, alley or other public place between the hours specified in Section 9.08.010 of this chapter, except as otherwise specified in that section. (Ord. 307 § 3, 1966)

9.08.030 Custody of violators.
Any minor under the age of eighteen (18) years who shall be in violation of Section 9.08.010 of this chapter may be taken into temporary custody by a peace officer, or by any person designated or authorized by the juvenile court of Lincoln County, Oregon. Such temporary custody shall not be deemed an arrest so far as the child is concerned. All peace officers shall keep a record of children or minors taken into temporary custody and shall promptly notify the juvenile court or counselor of the County of Lincoln, State of Oregon, of all children or minors taken into temporary custody. A peace officer or other official taking a minor into temporary custody has all the privileges and immunities of a peace officer making an arrest. (Ord. 307 § 4, 1966)

9.08.040 Jurisdiction.
The jurisdiction of the Lincoln County juvenile court shall attach from the time the child or minor is taken into custody. As soon as practicable after the child or minor is taken into custody, the peace officer or other person taking him or her into custody shall notify the parent, guardian or other person responsible for such child or minor. The peace officer or other person taking the minor into custody shall release such minor to the custody of his or her parent or other responsible person in this State, except in the following cases:
    A. Where the juvenile court otherwise orders;
    B. Where it appears to the juvenile court that the welfare of the child or of others may be immediately endangered by the release of the child. (Ord. 307 § 5, 1966)

9.08.050 Detention of violator.
    A. A child or minor may be detained in the City police station, City hall or other appropriate municipal building for such period not exceeding three hours, as may be necessary to obtain the child's name, age, residence and other identifying information and to notify the child's parent, guardian or other responsible person in this State. After said time, if a child or minor taken into temporary custody is not released to said parent, guardian or other responsible person, the peace officer or other person taking the child into custody shall, without unnecessary delay, take the child:
    1. Before the juvenile court of Lincoln County; or
    2. To a place of detention or shelter care designated by the juvenile court of Lincoln County, or to a jail if no detention facility is available and the child requires secure custody; and shall as soon as possible thereafter notify the juvenile court that the child has been taken into custody.
    B. Except where the child is taken into custody pursuant to an order of the court, the peace officer or other person taking the child into custody shall promptly file with the Lincoln County juvenile court or counselor thereof a brief written report stating:
    1. The child's name, age and address;
    2. The reason why the child was not released. (Ord. 307 § 6, 1966)

9.08.060 Violation - Penalty.
Any violation of Section 9.08.020 of this chapter is a misdemeanor and is punishable, upon conviction, by a fine of not more than twenty-five dollars ($25.00) for the first violation of said Section 9.08.020, or by a fine of not more than fifty dollars ($50.00), upon conviction of any subsequent violations thereof. (Ord. 307 § 7, 1966)

9.08.070 Exemption.
It shall be a defense to any prosecution under this chapter if the court finds that a minor was in violation at such time as the minor had received a permit for expressive activity from the City. (Ord. 647 § 1 (part), 1997: Ord. 307 § 9, 1966)

9.08.080 Permit for expressive activity.
A minor who desires to engage in "expressive activity" at such times as would otherwise be prohibited by the "curfew" ordinances may do so by first obtaining a permit from the City. The application for the permit shall describe the type of expressive activity. It shall also describe the time(s) when such activity shall be undertaken. A permit shall be obtained at least forty-eight (48) hours prior to the activity. The application for the permit shall be signed by the minor, and countersigned by the minor's parents/guardians. There shall be no fee for the permit. As used in this chapter, the term "expressive activity" shall include those forms of religious, associational, or speech activity that are beyond the ability of the City to prohibit by virtue of the Federal and state constitutions. This definition shall not be constructed to expend the scope of the term "expressive activity." The permit shall be issued for a period not to exceed twenty-four (24) hours. (Ord. 647 § 1 (part), 1997: Ord. 307 § 10, 1966)

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Sections:
9.12.010 Failure to supervise minor.
9.12.020 Restitution for victims.
9.12.030 Citation of parents.
9.12.040 Parent effectiveness program.
9.12.050 Violation—Penalty.

9.12.010 Failure to supervise minor.
    A. A person commits the offense of failing to supervise a minor if the person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child under eighteen (18) years of age and the child is on private property or premises open to the public and engaging in conduct in violation of any provision of any ordinance of the City of Waldport or of the Oregon Revised Statutes.
    B. It shall be a defense to the offense described in subsection A of this section if the child's violation occurred in the presence of the person or if the violation occurred on private property of the person. (Ord. 632 §§ 1, 2, 1996)

9.12.020 Restitution for victims.
In addition to any fine or penalty imposed pursuant to this chapter, the person may be ordered to pay restitution to any victim or victims of the minor's conduct. The amount of restitution ordered for the benefit of any individual victim pursuant to this chapter shall not exceed two thousand five hundred dollars ($2,500.00). (Ord. 632 § 3, 1996)

9.12.030 Citation of parents.
If a child in violation of Section 9.12.010(A) of this chapter is eleven (11) years of age or younger, a citation issued pursuant to this chapter shall be issued to the parent, legal guardian or person with legal responsibility of the safety and welfare of the child for violation of this chapter, and not to the child for violation of the provision of the City of Waldport ordinance or Oregon Revised Statute. (Ord. 632 § 4, 1996)

9.12.040 Parent effectiveness program.
A person convicted for the first time of an offense described in Section 9.12.010(A) of this chapter shall not be required to pay a fine exceeding one hundred dollars ($100.00) if the person successfully participates and completes a parent effectiveness program to the satisfaction of the court. (Ord. 632 § 5, 1996)

9.12.050 Violation - Penalty.
The offense described in Section 9.12.010(A) of this chapter is punishable by a maximum fine of one thousand dollars ($1,000.00). (Ord. 632 § 6, 1996)

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