Chapter 9.45
FAILURE TO SUPERVISE MINOR

Sections:

9.45.010    Offense designated.

9.45.020    Defenses.

9.45.030    Restitution.

9.45.040    Citation of parent or guardian.

9.45.050    Warning.

9.45.060    First offense.

9.45.070    Violation – Penalty.

9.45.010 Offense designated.

A person commits the offense of failure to supervise a minor if the person is the parent, legal guardian or person with legal responsibility for a child under 18 years of age and the child has been found on private property or premises open to the public in violation of any provision of the Burns ordinances. [Ord. 716 § 1, 1996]

9.45.020 Defenses.

It shall be a defense to the offense of failure to supervise a minor if the child’s violation of the Burns ordinance occurred in the presence of the person. It shall be a defense to the offense of failure to supervise a minor if the violation occurred on private property of the person. It shall be an affirmative defense that the person:

(1) Took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise; or

(2) Reported the act to the appropriate authorities within a reasonable period of time after the commission of the act. [Ord. 716 § 2, 1996]

9.45.030 Restitution.

In addition to any fine or penalty imposed pursuant to this chapter, the court may order the person to pay restitution to a victim of the minor’s conduct. The amount of restitution ordered pursuant to this chapter shall not exceed $2,500. [Ord. 716 § 3, 1996]

9.45.040 Citation of parent or guardian.

If a child in violation of the Burns ordinances is 11 years of age or younger, any citation issued for such violation shall be issued to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child, rather than to the child. [Ord. 716 § 4, 1996]

9.45.050 Warning.

The first time a person is cited for an offense proscribed herein, the court shall issue a warning to the person cited setting out the penalties under the requirements of the chapter. This warning shall be in lieu of any other action in the case and the case shall be dismissed. [Ord. 716 § 5, 1996]

9.45.060 First offense.

The first time a person is convicted of an offense proscribed herein, the person shall not be required to pay a fine exceeding $100.00 if the person participates in and completes a parent effectiveness program to the satisfaction of the court. [Ord. 716 § 6, 1996]

9.45.070 Violation – Penalty.

The offense described in this chapter of failure to supervise a minor is an infraction punishable by a maximum fine of $1,000. [Ord. 716 § 7, 1996]