Daytime Curfew Ordinance

The following information is provided in order to help all of you (students) understand the new daytime curfew.

(1). No Minor seven years of age or older (this includes those who are 18) who has not completed the twelfth grade may be on any street, highway, park, alley, other public place during School Hours except while attending school as required by ORS 339.010 to 339.065, unless such Minor is:

  1. Accompanied by the Minor’s Parent or other Adult that is authorized by the Minor’s Parent or by the law to have care and custody of the Minor; or,
    • This means that if you are with your parent or guardian you have nothing to worry about!
  2. Engaged in a lawful pursuit or activity that allows the Minor’s presence in such public place during School Hours and is authorized by the Minor’s Parent or the principal or other designated school official at the school where the Minor is enrolled; or,
    • This indicates that sophomores, juniors, and seniors are allowed to be off-campus for lunch, all students may leave for doctor appointments, open periods, work release, or for any other reason provided you have proper permission. For reasons other than lunch, it will be very important that you sign out at the office!
  3. Traveling directly between school and home or to another location designated by the Minor’s Parent after being authorized and approved to be away from school as provided in ORS 339.065, but is not suspended or expelled; or,
    • If you are walking, driving, riding to or from school for a legitimate purpose you are not in violation
  4. emancipated or exempt from compulsory school attendance pursuant to ORS 339.030.
    • emancipation means legally separated from your parents. And for those exempt from compulsory school attendance, you probably don’t go to school here!

(2) Violations of this subsection will result in progressive punishment:

  1. The first violation of this subsection will result in the Minor being returned home or to school by a police officer. A letter describing the Minor’s behavior will be sent to the parent or guardian.
    • Yes, the police can pick you up and return you to school if you are supposed to be in class.
  2. The second violation of this subsection will result in the Minor being referred to the Umatilla County Juvenile Department. The parent will receive a citation, which may qualify for diversion if the Minor complies with this section for one year without additional violations of this Ordinance.
    • This is where things start getting serious.

(1) Any police officer is authorized to take a Minor that has violated this Section into custody. The officer may take the Minor in custody to the police station or another location as designated by the Chief of Police. An officer who takes the Minor to the police station or another designated location shall use due diligence to find a parent and release the Minor to a parent at the police station or other designated location.

  • Basically this says that if you are a repeat offender, the police have the authorization to pick you up and take you to the police station until your legal guardian comes to get you.

(2) In lieu of holding a Minor who has violated this Section in custody until the Minor is released to a parent, any police officer is authorized to release such Minor to the principal or other designated school official at the school where the Minor is enrolled. Any police officer may issue a citation to a Minor that violates this Section in lieu of taking the Minor into custody provided the Minor is released to a parent, guardian or school official. The citation shall be returnable to the Umatilla County Youth Services.

  • This means that if a parent can not be located that the police could cite you then return you to school provided you are released to a school official.

The last section of the new ordinance is for those who are habitually truant and have received a previous citation by police. If you get to this point, you and your parent or guardian will have to appear in court and a monetary fine will likely be assessed. Yes, it could cost you and your parents money if you skip school!

(1) Any Minor that violates this section more than once may be taken into custody and transported home by the police officer, who shall then serve the parent with notice that the parent will be contacted at a later time concerning the parent’s need to appear before the juvenile court of Umatilla County with the Minor to show cause as to why the Minor violated this section more than once.

(2) Any parent of a Minor that violates this section more than once shall be issued a citation to appear in Pendleton Municipal Court.