Chapter 9.78
PARENTAL RESPONSIBILITY FOR JUVENILES
Sections:
9.78.050 Authority to enforce.
9.78.010 Title.
This chapter shall be known as the “parental responsibility law.” (Ord. 2007-18 § 2).
9.78.020 Definitions.
For the purpose of this chapter, the following words shall have the following meanings:
A. “Child” means any unemancipated person, male or female, under the age of 18 years.
B. “Parent” means the mother, father, both (both being referred to in the singular as “parent”), guardian or other adult person having the legal care, custody, and control of a child.
C. “Public place” means any place to which the public, or a substantial group of the public, has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, sidewalks, alleys, parking lots, office buildings, transport facilities, and shops.
D. “Remain” means to fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
E. “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
F. “Errand” means to take a short trip to perform a specific task at the direction of the minor’s parent or guardian.
G. “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (Ord. 2007-18 § 2).
9.78.030 General provisions.
No parent shall allow his or her child to remain in, on, or occupy any area of the public streets, roads, alleys, parks, playgrounds, any other public grounds, places of amusement, or any unsupervised area between the hours of 12:00 midnight and 5:00 a.m., except as allowed under this chapter. (Ord. 2007-18 § 2).
9.78.040 Exemptions.
A parent of the following children shall be exempt from the enforcement provisions of this chapter:
A. A child accompanied by his or her parent;
B. A child engaged in lawful employment;
C. A child on an errand or on legitimate business pursuant to instructions from his or her parent which instructions shall be in writing, signed by the parent and dated with the date and time of the errand or business;
D. A child involved in an emergency concerning the person or property of himself or another;
E. A child returning home from school- or church-sponsored activities, or from other activities supervised by an adult. The term “returning home” means immediately and directly after participation in such activity, without a broken chain of sequences and time between the end of such event and the time such child returns to his or her residence or such other place as shall be authorized in writing by his or her parent. (Ord. 2007-18 § 2).
9.78.050 Authority to enforce.
Law enforcement officers of the city shall have authority to reasonably stop and momentarily detain a child to obtain his or her name, age, and address, as well as the name and address of his or her parent whenever said law enforcement officer shall reasonably suspect that the parent of such child is in violation of GMC 9.78.030. Upon determining that the parent of such child is in fact in violation of GMC 9.78.030 and not exempt under GMC 9.78.040, the law enforcement officer shall direct or deliver the child to the residence of his or her parent. (Ord. 2007-18 § 2).
9.78.060 Violation – Penalty.
Violation of this chapter is a civil infraction. Upon a parent’s first violation, a summons shall be served on the parent and a hearing shall be held before the city municipal court, at which time the parent shall appear and answer to the charge of violating this chapter. Upon a determination by the judge that a violation has occurred, a fine of not less than $150.00 nor more than $300.00 shall be imposed upon the parent. Upon a second or subsequent violation, within a 24-month period, involving the same child, the parent shall be subject to a fine of not less than $250.00 nor more than $500.00. Upon a third or more subsequent violation within a 24-month period, the parent shall be subject to a fine of not less than $500.00. (Ord. 2007-18 § 2).