Chapter 9.20
PARENTAL RESPONSIBILITY LAW
Sections:
9.20.050 Authority to enforce.
9.20.070 Chapter provisions not contrary to state law.
9.20.010 Short title.
This chapter shall be known as the parental responsibility law. [Ord. 96-03 § 1(A), 1996].
9.20.020 Definitions.
As used in this chapter:
“Child” means an unemancipated person, male or female, under the age of 18 years.
“Parent” means the mother, father, or both (both being referred to in the singular as “parent”), guardian or other adult having the legal care, custody or control of a child.
“School nights” means the evening and early morning hours directly preceding a normally scheduled school day for the Castle Rock school district. [Ord. 96-03 § 2, 1996].
9.20.030 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, places of entertainment, commercial establishments, or any unsupervised area between the hours of 12:01 a.m. and 5:00 a.m. on nonschool nights and between the hours of 10:00 p.m. and 6:00 a.m. on school nights, except as allowed under this chapter. [Ord. 96-03 § 3, 1996].
9.20.040 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;
D. 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 by his or her parent. [Ord. 96-03 § 4, 1996].
9.20.050 Authority to enforce.
A. Law enforcement officers of the city shall have authority to stop and question a child to obtain his or her name, age and address, as well as the name and address of his or her parent, to acquire of the child the purpose of his/her activities and to determine if any of the exemptions provided in CRMC 9.20.040 are applicable. The authority of the law enforcement officer to stop and question as provided herein shall be based on reasonable suspicion that the parent of such child is in fact in violation of CRMC 9.20.030 and not exempt under CRMC 9.20.040.
B. If there is probable cause to believe that a violation under CRMC 9.20.030 has occurred, then the law enforcement officer shall direct or deliver the child to the residence of his or her parent.
C. If the parent is not present and otherwise cannot be located, then the law enforcement officer shall take the child to the home of an adult extended family member or other adult having lawful custody and control of the child.
D. In the event subsection (B) or (C) of this section is not feasible, the child and/or officer may designate the home of another adult as a safe house and place the child there.
E. In the event subsection (B), (C) or (D) of this section is not feasible, the law enforcement officer will contact the Child Protective Services and request temporary placement. [Ord. 96-03 § 5, 1996].
9.20.060 Violation – Penalty.
Any violation of this chapter will be a civil infraction which will be filed through the Castle Rock municipal court. The penalty for violations will be:
A. First Violation – Written Warning. Notice thereof shall be served upon the parent by the law enforcement officer. If personal service cannot be achieved, then the notice will be served via certified U.S. mail. The notice will be in the form of a letter provided by the police department which will inform the parent of the date, time, and place of contact with the child and the section of the ordinance violated as well as penalties provided for.
B. Second Violation. Upon a second and subsequent violation(s), a notice of infraction shall be served upon the parent. The parent may forfeit the fine without an appearance in Castle Rock municipal court or may request an appearance in the court before the municipal court judge as provided for under state law for adjudication of civil infractions. Upon a determination by the municipal court judge, or other lawful process, that a second or subsequent violation has occurred, the following monetary penalty(ies) will be imposed upon the parent:
1. Second violation: $50.00.
2. Third violation: not less than $100.00 nor more than $300.00.
3. Fourth and subsequent violations: not less than $250.00 nor more than $500.00.
C. Violations involving another child from the same household shall not constitute a subsequent violation. Subsequent violations shall be calculated by violations involving the same child. [Ord. 96-03 § 6, 1996].
9.20.070 Chapter provisions not contrary to state law.
This chapter shall in no way be construed to be contrary to existing ordinances or state laws pertaining to the arrest and apprehension of juveniles. [Ord. 96-03 § 7, 1996].