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FAQ - The Law
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, you may want to consider ORS 163.545.
163.545 Child neglect in the second degree.
- 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
- 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.
Category: FAQ the Law
Bicycle / Skateboard Helmet Law
Oregon Revised Statutes 814.485 Failure to wear protective headgear
(1) A person commits the offense of failure of a bicycle operator or rider to wear protective headgear if the person is under 16 years of age, operates or rides on a bicycle on a highway or premises open to the public and is not wearing protective headgear of a type approved under ORS 815.052.
(2) The offense described in this section, failure of a bicycle operator or rider to wear protective headgear, is a traffic infraction punishable by a maximum fine of $72.00.
ORS 814.488 Citations; exemption from requirement to pay fine
(1) If a child in violation of ORS 814.485 is 11 years of age or younger, any citation issued shall be issued to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation of ORS 814.486, rather than to the child for violation of ORS 814.485.
(2) If a child in violation of ORS 814.485 to 814.486 is at least 12 years of age and is under 16 years of age, a citation may be issued to the child for violation of ORS 814.485 or to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation ORS 814.486, but not to both.
NON MOTORIZED VEHICLES OTHER THAN BICYCLES
814.600 Failure of skateboarder, scooter rider or in-line skater to wear protective headgear; penalty.
(1) A person commits the offense of failure of a skateboarder, scooter rider or in-line skater to wear protective headgear if the person is under 16 years of age, rides on a skateboard or scooter or uses in-line skates on a highway or on premises open to the public and is not wearing protective headgear of a type approved under ORS 815.052.
(2) The offense described in this section, failure of a skateboarder, scooter rider or in-line skater to wear protective headgear, is a traffic violation punishable by a maximum fine of $25. [2003 c.106 §1]
Category: FAQ the Law
Common Dog and Animal Complaints
6.04.030 Dog licenses.
- A. Every person who keeps a dog which has a set of permanent canine teeth or has attained the age of four months, whichever event occurs first, not permanently confined in a cage or enclosure shall immediately obtain a -license for said dog.
- B. Licenses shall be issued on a calendar-year basis and shall be valid only for the year issued. The annual license fee shall be prorated as of the date of issuance.
- C. No license shall be issued until a certificate of vaccination for rabies, valid for the license year, is presented to the dog control authority.
- D. Dog owners shall renew the dog license before it becomes delinquent for as long as they own the dog.
- E. A license tag issued to a dog owner shall be attached securely to a collar or harness on the dog for which it was issued. If a license tag is lost, the owner may obtain a duplicate license tag upon satisfactory proof of loss and payment of the required fee. (Ord. 2682 §2, 1991; Ord. 2592 §2, 1987; Ord. 2198 §5(l), 1976)
6.04.015 Number of dogs permitted.
No person, family or business shall keep more than three dogs past the age of six months on any property within the City except within a kennel which has been approved in accordance with the City of Cottage Grove Development Code regulations.
6.04.100 Dogs at large prohibited.
No dog owner shall permit a dog to be at large. (Ord. 2198 §2, 1976)
6.04.110 Barking or howling dogs.
No person shall own a barking dog. (Ord. 2198 §3, 1976)
Category: FAQ the Law
Common Vehicle Complaints
10.12.020 Prohibited parking or standing.
No person shall park or stand:
- A. A vehicle in violation of state motor vehicle laws or in violation of a lawfully erected parking limitation sign;
- B. A vehicle adjacent to a yellow-painted curb;
- C. A vehicle in an alley other than for the expeditious loading or unloading of persons or materials, and in no case for a period in excess of thirty consecutive minutes;
- D. Any commercial vehicle or combination of vehicles, as defined by Oregon Revised Statutes, of four or more axles and weighing fifteen thousand or more pounds, or a truck trailer designed to transport fifteen thousand or more pounds, in front of or adjacent to a residence, motel, apartment house, hotel or other sleeping accommodation between the hours of nine p.m. and seven a.m. of the following day, except as required for pickup or delivery or for related active performance of work;
- E. Any commercial vehicle or combination of vehicles, as defined by Oregon Revised Statutes, with four or more axles and weighing fifteen thousand pounds or more and any commercial vehicle with a truck trailer designed to transport fifteen thousand or more pounds on any residential street at any time;
- F. Any truck trailer designed to transport fifteen thousand or more pounds on any street at any time when the truck trailer is detached from a truck tractor;
- G. A commercial vehicle on any street at anytime with the engine running and vehicle unattended. (Ord. 2643 §2, 1989; Ord. 2605 §3, 1988; Ord. 2579 §2, 1986; Ord. 2531 §16, 1984)
10.12.030 Prohibited parking.
No operator shall park and no owner shall allow a vehicle to be parked upon a street for the principal purpose of:
- A. Displaying the vehicle for sale;
- B. Repairing or servicing the vehicle, except repairs necessitated by an emergency;
- C. Displaying advertising from the vehicle;
- D. Selling merchandise from the vehicle, except when authorized. (Ord. 2531 §17, 1984)
10.12.050 Unattended vehicles.
Whenever a police officer finds a motor vehicle parked or standing unattended with the ignition key in the vehicle, the officer is authorized to remove the key from the vehicle and deliver the key to the person in charge of the police station. (Ord. 2531 §19, 1984)
Definitions.
(1)"Abandoned" means a vehicle left unoccupied and unclaimed; or in such a damaged or disabled or dismantled condition that the vehicle is inoperable; or not currently licensed through the Motor Vehicle Division, if such a license is required by law.
803.540 Failure to display plates; exceptions; penalty.
- (1) A person commits the offense of failure to display registration plates if the person operates, on the highways of this state, any vehicle or camper that has been assigned registration plates by this state and the registration plates assigned to the vehicle or camper are displayed in a manner that violates any of the following:
- (a) The plate must be displayed on the rear of the vehicle, if only one plate is required.
- (b) Plates must be displayed on the front and rear of the vehicle if two plates are required
- (Pickups and Cars are required to display a front and rear plate)
- (c) The plates must be in plain view and so as to be read easily by the public.
- (d) The plate must not be any plate that does not entitle the holder thereof to operate the vehicle upon the highways.
- (2) A person is not in violation of this section if the person is operating a vehicle or camper under and in accordance with the requirements for any of the following:
- (a) A temporary application permit issued under ORS 803.615.
- (b) An agent temporary registration permit issued under ORS 803.625.
- (c) Provisions established under ORS 826.007, 826.009 or 826.011 for the display of registration plates or other evidence of registration on vehicles that are proportionally registered under ORS 826.009 or 826.011.
- (3) The offense described in this section, failure to display registration plates, is a Class D traffic violation. [1983 c.338 §261; 1985 c.668 §13; 1989 c.43 §28; 1995 c.383 §6]
803.550 Illegal alteration or display of plates; prohibited; described; exceptions; penalty. (1) A person commits the offense of illegal alteration or display of a registration plate if the person knowingly does any of the following:
- (a) Illegally alters a registration plate in a manner described in subsection (2) of this section.
- (b) Operates any vehicle that is displaying a registration plate that is illegally altered in a manner described in subsection (2) of this section.
- (c) Owns and causes or permits a vehicle to display a registration plate that is illegally altered in a manner described in subsection (2) of this section.
(2) A registration plate is illegally altered for purposes of this section if the plate has been altered, modified, covered or obscured including, but not limited to the following:
- (a) Any change of the color, configuration, numbers, letters or material of the plate.
- (b) Any material or covering, other than a frame or plate holder, placed on, over or in front of the plate that alters the appearance of the plate.
- (c) Any frame or plate holder that obscures the numbers, letters or registration stickers, so as to render them unreadable.
(3) This section does not apply to the following:
- (a) Any placement of registration stickers described under ORS 803.555.
- (b) Any public official who displays or performs any alteration of a registration plate in the course of official duties.
- (c) Any special interest registration plate approved under ORS 805.210.
(4) The offense described in this section, illegal alteration or display of a registration plate, is a Class B traffic violation. [1985 c.243 §2]
Category: FAQ the Law
Curfew
City of Cottage Grove Municipal Code 7.44.110 Responsibility of guardian or parent.
9.28.030 Curfew.
- No minor under eighteen years of age shall be in or upon a street, alley or other public place between the hours of twelve a.m. and four a.m. unless accompanied by a parent or a guardian or other adult having the care and custody of the minor.
- Nothing in subsection (A) of this section shall apply to a minor under eighteen years of age actually engaged in traveling to and from a place of employment or religious meeting or while upon an errand of mercy or emergency under the direction of his parent, guardian or other adult having the care and custody of the minor.
- No parent, guardian or other adult having the care and custody of the minor under the age of eighteen 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 subsection B. (Ord. 2522 §3, 1984; Ord. 2410 §59, 1981)
Category: FAQ the Law
Seat Belt Law
811.210 Failure to use safety belts; penalty.
(1) A person commits the offense of failure to use safety belts if the person:
- (a) Operates a motor vehicle on the highways of this state and is not properly secured with a safety belt or safety harness as required by subsection (2) of this section;
- (b) Operates a motor vehicle on the highways of this state with a passenger who is under 16 years of age and the passenger is not properly secured with a child safety system, safety belt, or safety harness as required by subsection (2) of this section; or
- (c) Is a passenger in a motor vehicle on the highways of this state who is 16 years of age or older and who is not properly secured with a safety belt or safety harness as required by subsection (2) of this section.
(2) To comply with this section:
- (a) A Person who is under four years of age and weighs 40 pounds or less must be properly secured with a child safety system that meets the minimum standards and specifications established by the Department of Transportation under ORS 815.055 for child safety systems designed for children weighing 40 pounds or less;
- (b) A person who is at least four years of age and under six years of age or weighs between 40 and 60 pounds must be properly secured with a child safety system that elevates the person so that a safety belt or safety harness properly fits the person. "Proper fit" means the lap belt of the safety belt or safety harness is positioned low across the thighs and the shoulder belt is positioned over the collarbone and away from the neck. The child safety system shall meet the minimum standards and specifications established by the Department of Transportation under ORS 815.055 for child safety systems designed for children weighing between 40 and 60 pounds; or
- (c) A person who is at least six years of age and weighs 60 pounds or more must be properly secured with a safety belt or safety harness that meets requirements under ORS 815.055.
(3) The offense described in this section, failure to use safety belts, is a Class D traffic infraction.
Category: FAQ the Law
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.
- 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.
- Incapacity due to immaturity, as defined in subsection (1) of this section is a defense.
Category: FAQ the Law