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0388 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 Ordinance - Page 1 dsc chbbck11.102 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. Ordinance - Page 2 dsc chbbck11.102 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 Ordinance . Page 3 dsc chbbck11.102