HomeMy WebLinkAbout0388 Parent Responsibilities 1992«J, ^'�•
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 3 g g
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING
CHAPTER 9.24 TO DEFINE THE RESPONSIBILITIES OF PARENTS FOR
THEIR CHILDREN AND PROVIDING PENALTIES FOR NEGLECTING
THOSE RESPONSIBILITIES; REPEALING PRIOR CONFLICTING
ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE
PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. New Chapter 9.24. Chapter 9.24, "Parental Responsibility For
Children", is hereby adopted and added to the Chubbuck Municipal Code:
Chapter 9.24
PARENTAL RESPONSIBILITY FOR CHILDREN
Sections:
9.24.010
Definitions.
9.24.020
General Provisions.
9.24.030
Exemptions.
9.24.040
Authority to Enforce.
9.24.050
Violation -- Penalty.
9.24.060
Civil Penalty.
9.24.010 Definitions. For the purpose of this Chapter, the following words shall
have the following meanings:
A. "Child" means an unemancipated person, male or female, under the age of
eighteen years.
B. 'Parent" means the mother, father, or both (both being referred to in the
singular as "parent"), guardian or other adult person having the legal care, custody or
control of a child.
9.24.020 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, places of entertainment, commercial
establishments, or any unsupervised area between the hours of ten -thirty p.m. and five
a.m. in the case of minors under the age of sixteen years or between the hours of twelve
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midnight and five a.m. in the case minors sixteen years of age or older, except as allowed
under this chapter, or Chapter 9.08.150
9.24.030 Exemptions. A parent of the following children shall be exempt from the
enforcement provisions of this chapter:
A. A child accompanied by his parent;
B. A child engaged in lawful employment;
C. A child on an errand or on legitimate business pursuant to instructions
from his parent;
D. A child iavolved 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, withrnut 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 by his or her parent.
9.24.040 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 Section 9.24.020. Upon determination that the parent of such child is in fact in
violation of Section 9.24.020 and not exempt under Section 9.24.030, the law enforcement
officer shall direct or deliver the child to the residence of his or her parent.
9.24.050 Violation -- Penalty. Any parent violating the terms of this chapter shall
be guilty of a misdemeanor and subject to a minimum fine of not less than $25, nor
more than $300 for the first offense and a fine for a second or subsequent violation of
not less than $50, nor more than $300.
9.24.060 Civil Penalty. In addition to any other penalty imposed, a parent
violating this chapter for a second or subsequent offense shall be subject to a civil
penalty equal to the time spent by the officer or other city officials citing and prosecuting
the parent for such violation but in any event, not less than $150 plus the costs and
attorney's fees for the city to prosecute the civil violation.
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ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting, Ordinances. The provisions of any Ordinance of
the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which
are in conflict with the provisions of this Ordinance are hereby repealed to the extent of
such conflict.
Section 2. Severability. If any provision of this ordinance is held invalid, for any
reason, by any court of competent jurisdiction, such holding shall not affect the validity
or enforceability of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance to be read on three
separate days, one of which shall be a reading in full, is hereby dispensed with, and this
Ordinance shall become effective upon its passage, approval and publication as provided
by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE
CITY OF CHUBBUCK, IDAHO, this 8TH,day o DECEMBER , 1992.
AYOR
ATTEST:
4n, d4t"
CITY CLERK
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