Ordinance No. 06-14 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 06-/
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO ADD A NEW
CHAPTER 7.38 -TRUANCY
WHEREAS, the City of Tigard finds that it furthers the interests of the City to encourage
children to regularly attend school; and
WHEREAS, children between the ages of 7 and 18 who have not completed the twelfth
grade are required under state law to regularly attend school; and
WHEREAS, under state law there is no fine or penalty attached to a child failing to regularly
attend school; and
WHEREAS, the City of Tigard finds that special circumstances exist that call for the special
regulation of minors within the City in order to protect them from being victimized and enhancing
the overall public safety of the community;
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard Municipal Code is amended by adding a new Chapter 7.38 Truancy to
read as follows:
7.38.010 - Regular School Hours Defined.
For purposes of this Section, "regular school hours" are the hours of the full-time
school that the minor would attend in the school district where the minor resides,
on any day that school is in session, or, if the school in the school district of
residence is unknown, "regular school hours" are the school hours of the Tigard-
Tualatin School District on any day that school is in session.
7.38.020 - School-Aged Children to be in School During School Hours.
A minor who is at least seven (7) years of age and under eighteen (18) years of age
and who has not completed the 12th grade may not be upon any public property
or public right of way during regular school hours except while attending school
as required by ORS 339.010 to 339.065, unless the minor is:
a. Absent from the school with the school's permission, but not including
students who have been suspended or expelled; or
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b. Engaged in a lawful pursuit or activity that requires the minor's
presence somewhere other than school during regular school hours,
and which is authorized by the parent, guardian, or other person
having legal care and custody of the minor; or
C. Lawfully emancipated pursuant to ORS 419B.550 to 419B.558; or
d. Exempt from compulsory school attendance pursuant to ORS 339.030.
7.38.030 -Authority to Detain and Inquire
If a police officer has reasonable suspicion to believe that a minor is in violation
of this Section, the officer is authorized to detain the minor and make reasonable
inquiry regarding a potential violation of Subsection 2 of this Section.
7.38.040 - Child to Be Returned to School or Taken Into Protective Custody
If a police officer has probable cause to believe that a minor is in violation of this
Section, the officer is authorized to return the minor to the custody of the school.
If the minor refuses to go to the school, the officer is authorized to take the
minor into protective custody.
7.38.050 -Additional Authority.
This chapter is not intended to in any way limit the authority of a police officer to
take any other action authorized by law, including taking a minor into protective
custody for reasons other than those stated in Section 7.38.040.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor, and posting by the City Recorder.
PASSED: By ur)Q n'►mDAS vote of all Council members present after being read by
number and title only, this 'i t4? day of. (c G 4uS ) 2006.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of L-L ,,USt , 2006.
z
Craig irksen, Mayor
Appr veditoform:
City A ey
Date: 0
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