CHAPTER 5 - LEAVING PERSONS UNATTENDED IN A MOTOR VEHICLE

6-5-1: - DEFINITIONS:#

For purposes of this chapter:

MOTOR VEHICLE: Every vehicle which is self-propelled but not operated upon rails.

UNATTENDED: The responsible person is unable to continuously observe the child.

(Ord. 657, 4-18-2006)

6-5-2: - CONDITIONS:#

A parent, legal guardian or other person, who is responsible for a child eight (8) years of age or younger, or a person who is mentally or physically impaired and incapable of caring for him/herself, shall not recklessly, negligently or knowingly and intentionally leave that child or other affected person, unattended in a motor vehicle if: A.

The conditions present a significant risk to the health and safety of the child; or

B.

In such a manner, or for such a period of time, as to pose a threat to such child's health, safety and welfare; or

C.

The engine of the motor vehicle is running or the keys to the vehicle are in the ignition, unless the child is being supervised by, and within the sight of, a person who is at least twelve (12) years of age.

(Ord. 723, 11-18-2008)

6-5-3: - EXCEPTION:#

The provisions of this chapter do not apply to a person who unintentionally locks a motor vehicle with a child in the vehicle.

(Ord. 657, 4-18-2006)

6-5-4: - ENFORCEMENT:#

A law enforcement officer, emergency services personnel or any other citizen who reasonably believes that a violation of this chapter has occurred may, without incurring civil liability, use any reasonable means necessary to protect the child and to remove the child from the motor vehicle.

(Ord. 657, 4-18-2006)

6-5-5: - VIOLATION; PENALTY:#

A.

A person who violates the provisions of section 6-5-2 of this chapter is guilty of a class B misdemeanor.

B.

Violation of this chapter shall constitute a public offense and subject the violator to a fine of not less than one hundred dollars ($100.00) and no more than one thousand dollars ($1,000.00), a term of imprisonment not exceeding six (6) months, or both. In addition to the above noted penalty provisions, the judge may, in addition to those provisions, order any person convicted of this chapter to attend and complete a community education program relating to improving parenting skills.

C.

Nothing in this section precludes prosecution under any other provision of law.

(Ord. 657, 4-18-2006)