§ 18-109. Curfew.

(a)

No minor under 18 years of age shall be in or upon any street, highway, park, alley, or other public place, between the hours specified in subsection (b) of this section unless:

(1)

The minor is accompanied by a parent, guardian or other person 21 years of age or over and authorized by the parent or by law to have custody of the minor;

(2)

The minor is engaged in a lawful pursuit or activity which requires the minor's presence upon the street, highway, park, alley or other public place, and the minor has written authorization from a parent or guardian to be in a public place at that time; or

(3)

The minor is emancipated under ORS 419B.550 through 419B.558.

(b)

For the purposes of this section, the applicable hours of curfew are between 11:00 p.m. and 4:00 a.m. of the following morning except on Friday and Saturday night the curfew hours are between 11:59 p.m. and 4:00 a.m. of the following morning.

(c)

No parent, guardian, or other person having legal custody of a minor under the age of 18 years shall permit the minor to be in violation of this section.

(d)

Any police officer is authorized to take a minor who is violating a provision of this section into custody as provided by ORS 419B.150.

(e)

Violation of subsection (c) of this section by a parent, guardian, or person having legal custody of a minor is an Independence Municipal Code class C violation, per section 1-22.

(Ord. No. 1542, § 1(Exh. A), 11-10-2015)

Editor's note

Ord. No. 1542, § 1(Exh. A), adopted Nov. 10, 2015, repealed the former § 18-109, and enacted a new section as set out herein. The former § 18-109 pertained to similar subject matter and derived from Prior Code § 44.360; Code 2006, § 9.16.1; and Ord. No. 97-1355.