It shall be unlawful for any person to purchase any property or article of value from any minor, or to have any dealing respecting the title of any property in the possession of any minor without the written consent of the parent or guardian of such minor.
(Ord. 51-O-013 § 46)
A. 
School Attendance Required. Except as provided in subsection (D) of this section, all children between the ages of seven and 18 years who have not completed the twelfth grade are required to attend regularly a public full-time school.
B. 
Duty to Send Children to School. Except as provided in subsection (D) of this section, every person having control of any child between the ages of seven and 18 years who has not completed the twelfth grade and is either enrolled or eligible to be enrolled in a school located within the city limits of Brookings is required to send such child to and maintain such child in regular attendance at a public full-time school during the entire school term.
C. 
Penalties. Any person found by the municipal court judge to have violated subsection (A) or (B) of this section shall pay a fine for a Class C violation in accordance with ORS 153.018 and 153.019 in amounts that may be revised from time to time. The municipal court judge may impose a civil penalty or a court fee in an amount established by court rule in lieu of a fine.
D. 
Affirmative Defenses. It shall be an affirmative defense to the charge of violation of this section if any of the following situations apply:
1. 
The child alleged to be not attending school is being taught in a private or parochial school in the courses of study usually taught in grades one through 12 in the public schools and in attendance for a period equivalent to that required of children attending public schools in the applicable school year; or
2. 
The child alleged to be not attending school is able to prove to the satisfaction of the district school board that he or she has acquired equivalent knowledge to that acquired in the courses of study taught in grades one through 12 in the public schools and is able to produce proof thereof; or
3. 
The child alleged to be not attending school has received a valid high school diploma; or
4. 
The child alleged to be not attending school is being taught for a period equivalent to that required of children attending public schools by a private teacher the courses of study usually taught in grades one through 12 in the public school; or
5. 
The child alleged to be not attending school is being educated in the child’s home by a parent or legal guardian as provided by law; or
6. 
The child alleged to be not attending school is otherwise excluded from attendance in school as provided by law; or
7. 
The State Board of Education has, by rule, established an exemption from compulsory attendance which has been granted to the parent or legal guardian of the child alleged to not be attending school due to lawful full-time employment, lawful part-time employment, and concurrent enrollment in school, a community college, or an alternative education program as defined in ORS 336.615; or
8. 
The State Board of Education or an Oregon Circuit Court has granted an exemption to any child who is an emancipated minor or who has initiated the procedure for emancipation under ORS 419B.550 to 419B.558.
E. 
Procedure.
1. 
In addition to any other persons permitted to enforce violations, the school district superintendent or education service district superintendent, or any employee specifically designated by either superintendent, may issue citations for violations established under ORS 339.990.
2. 
Prior to issuing the citation described in subsection (E)(2)(c) of this section to the parent or guardian of a student not regularly attending fulltime school:
a. 
A parent or guardian of the student and the student shall be provided with written notification that:
i. 
States that the student is required to attend regularly a full-time school;
ii. 
Explains that the failure to send the student and maintain the student in regular attendance is a violation;
iii. 
States that law enforcement or the superintendent may issue a citation;
iv. 
Requires the parent or guardian of the student and the student to attend a conference with a designated official; and
v. 
Is written in the native language of the parent or legal guardian of the student.
b. 
The conference described in subsection (E)(2)(a)(iv) of this section shall be scheduled.
c. 
The form of citation to be used by superintendents in citing violations of this section shall be established by the State Board of Education by rule. Notwithstanding any other provision of law, each of the parts of the citation issued by superintendents shall contain the information required by the State Board.
F. 
Severability. If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provision or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. The city council hereby declares that it would have adopted the ordinance codified in this section irrespective of the invalidity of any particular portion thereof and intends the invalid portions should be severed and the balance of this section be enforced.
(Ord. 18-O-774 § 2 (Exh. A))
A. 
It shall be unlawful for any child under the age of 18 years to be in or remain in or upon any street, alley, park, or other public place between the hours of 11:00 p.m. and 5:00 a.m. during every month of the year, unless such child is accompanied by a parent, guardian, or other person 18 years of age or older and authorized by the parent, guardian or by law to have care and custody of the minor, or:
1. 
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
2. 
Such minor is returning home from a lawful pursuit or activity approved by the parent, guardian, or other person in charge of the minor; or
3. 
The minor is lawfully emancipated pursuant to ORS 419B.550 to 419B.558.
B. 
No parent, guardian, or person having the care and custody of a minor who is 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 (A) of this section, except as otherwise provided in this section.
C. 
A law enforcement officer is hereby authorized and empowered to take charge of any person under the age of 18 years violating the provisions of this section. It shall be the duty of an officer taking charge of the minor to immediately notify the parent or guardian of the minor that the minor has been taken into the charge of the officer. The officer may then release the minor to the parent or guardian, or other person in the charge of the minor.
(Ord. 51-O-013 § 50; Ord. 07-O-586 § 2)