Curfew FAQs

What is the curfew for persons under the age of 18 in the City of Florence?

The City of Florence currently does not have any curfew requirements, but has adopted state law in this area. ORS 419C680 states:

(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:

1. 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;
2. 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
3. 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 §271; 1993 c.546 §140; 1995 c.593 §2; 1997 c.727 §9]
 

At what age can a child be left home alone?

The law does not specify the age at which a child can be left home alone.  However, persons should consider ORS 163.545, Child neglect in the second degree which states:

(1) A person having custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such period of time as maybe likely to endanger the health or welfare of such child.

(2) Child neglect in the second degree is a Class A misdemeanor.

A child should not be left in a position of authority or be left alone in situations beyond their ability to handle. Each child must be looked at individually to make sure he or she is physically and emotionally able to handle the given responsibility.
 

What is the legal babysitting age?

There is no law regarding a specified babysitting age. What is being taught by the local classes offered to prospective sitters is age 11 or 12. The law that may pertain to the 12 years of age follows:

161.290 Incapacity due to immaturity.

(1) A person who is tried as an adult in a court of criminal jurisdiction is not criminally responsible for any conduct which occurred when the person was under 12 years of age.

(2) Incapacity due to immaturity, as defined in subsection (1) of this section is a defense.