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Juvenile Department - Curfew
Corvallis Curfew Law
This section covers curfew laws as they apply to the city of Corvallis. City of Corvallis ordains as follows:
Prohibition of minors in public.
1) No minor shall be in or upon any street, highway, park, alley, or other public place within the City between the hours specified hereafter unless:
Accompanied by a parent, guardian, or other person 21 years of age or over and authorized by the parent or by law to have care and custody of the minor; or
Engaged in a lawful pursuit or activity which requires the minor's presence in such public place during the nighttime between such specified hours; or
Emancipated pursuant to the provisions of State Law.
2) A violation of this Section is a Class B infraction. (ORD.82-77 & 160.02, 1982)
5.03.070.030 Restricted hours.
For the purpose of this Section, the specified hours shall be between 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday and 6:00 a.m. of the following morning and between 12:00 midnight on Friday and Saturday and 6:00 a.m. of the following morning except that during the months of June, July, and August the hours shall be between midnight and 6:00 a.m. of the following morning. (Ord. 82-77 & 106.03, 1982)
5.03.070.04 Duties of parents.
1) No parent, guardian, or person having the care and custody of a minor under the age of 18 years shall allow such minor to be in or upon any street, highway, park, alley, or other public place between the hours specified in the above Section except as otherwise provided in that Section.
2) A violation of this Section is a Class A infraction. (Ord. 82-77 & 106.04, 1982)
Defense
The matter of going to or from employment, school, or religious activities, theater and sport events, and other occasional activities which make it necessary to be in or upon a street, highway, alley, park, or public place within the City during the nighttime between the specified hours shall be an affirmative defense and the burden of proof thereof shall be upon the minor or person claiming the exempt status. (Ord. 8-50 & 5. 1988; Ord. 82-77 & 106.05,1982)
In Benton County, outside the City of Corvallis, the state statute is in effect as follows:
(1) No minor shall be in or upon any street, highway, park, alley or other public place between the hours of 12 midnight and 4 a.m. of the following morning, 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 places during the hours specified in this section; or (c) The minor is emancipated pursuant to ORS 419B.550 to 419B.558.
(2) No parent, guardian or person having the care and custody of a minor under the age of 18 years shall allow such minor to be in or upon any street, highway, park, alley or other public place between the hours specified in subsection (1) of this section, except as otherwise provided in that subsection.
(3) Subsections (1) and (2) of this section do not affect the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law, provided, that the local ordinance or law restricts curfew hours at least to the extent required by subsections (1) and (2) of this section.
(4) The county court or board of county commissioners of any county may provide by ordinance for a curfew restriction on minors applicable to areas not within a city, which has the same terms provided in subsection (1) of this section except that the period of curfew may include hours in addition to those specified in subsection (1) of this section. The ordinance may provide different periods of curfew for different age groups.
(5) Any minor who violates subsection (1) of this section or an ordinance established under subsection (4) of this section may be taken into custody as provided in ORS 419C.080, 419C.085 and 419C.088 and may be subjected to further proceedings as provided in this chapter. [1993 c.33 s.271; 1993 c.546s.140; 1995 c.593 s.2; 1997 c.727 s.9]
