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Ord 2122 - Juvenile Curfews COUNCIL BILL NO. 1543 ORDINANCE NO. 2122 AN ORDINANCE SETTING TIMES FOR JUVENILE CURFEWS, PROVIDING FOR PENALTIES AND DECLARING AN EMERGENCY. WHEREAS, the City of Woodburn is a municipal corporation with a charter and home rule powers, and WHEREAS, Oregon state law vests the City with legal authority to enact local curfew restrictions and regulations which are consistent with state statute and the hours of which are at least as restrictive as those hours allowed by state law, WHEREAS, it is in the interests of the citizens of the City of Woodburn to enact a local juvenile curfew ordinance, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Curfew. No minor under the age of 18 years shall be in or upon any street, highway, park, alley, or other public place between the hours specified in Section 2, unless: (a) Such minor is accompanied by a parent, guardian or other person 18 years of age or over and authorized by the parent or by law to have care and custody of the minor; (b) Such minor is then engaged in a lawful pursuit or activity which requires the presence of the minor in such public place during the hours specified in this Ordinance, or (c) The minor is emancipated pursuant to ORS 419B.550 to 419B.558. Section 2. Hours of Curfew. For minors under the age of 16 years, the curfew is between 10:00 p.m. and 6:00 a.m. of the following morning. For minors 16 years of age or older, the curfew is between 12:00 a.m. midnight and 6:00 a.m. of the following morning. Section J. ResDonsibilitv of Parent or Guardian. No parent, guardian, or person having the care and custody of a minor under the age of 18 years shall knowingly or negligently allow such minor to be in or upon any street, highway, park, alley or other public place between the hours specified in Section 2, except as otherwise provided in this Ordinance. For purposes of this section, a person negligently allows a violation Page 1 - COUNCIL BILL NO. 1543 ORDINANCE NO. 2122 . .._,-,. ..-"-' --I if in the exercise of reasonable diligence the person should have known that a violation would occur. Section 4. Violation by Minor. Any minor who violates the provisions of this ordinance may be taken into custody as provided in ORS 419C.080, 419C.085 and 419.088 and may be subjected to further proceedings as provided by law. Section 5. Violation by Parent or Guardian. Violation of Section 3 of this Ordinance is a Class 2 civil infraction with a forfeiture amount not to exceed $250.00. Section 6. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. / / APprovedastofor~~ S /7- Ii- City Attorney ~,Date I APPROVED: (~7 t:;~ Len elley, 'Mayor Passed by the Council May 23, 1994 May 23, 1994 Submitted to the Mayor Approved by the Mayor May 23, 1994 Filed in the Office of the Recorder ATTEST: ~~ Mary nant, City Recorder City of Woodburn, Oregon May 23, 1994 Page 2 - COUNCIL BILL NO. 1543 ORDINANCE NO. 2122 .,.. . _...___.,._'..._...._m.____ -- 'I