Chapter 10.42


10.42.010    Short title.

10.42.020    Definitions.

10.42.030    General provisions.

10.42.040    Exemptions.

10.42.050    Authority to enforce.

10.42.060    Violation – Penalty.

10.42.010 Short title.

This chapter shall be known as the “parental responsibility law.” [Ord. 1165 § 1, 1993.]

10.42.020 Definitions.

For the purpose of this chapter, the following words shall have the following meanings:

(1) “Child” means any unemancipated person, male or female, under the age of 18 years.

(2) “Parent” means the mother, father, foster mother, foster father, stepmother, stepfather, or both being referred to in the singular as “parent,” guardian or other adult person having the legal care, custody or control of a child. [Ord. 1165 § 1, 1993.]

10.42.030 General provisions.

No parent shall allow his or his 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 area unsupervised by the child’s parent between the hours of 12:00 midnight and 5:00 a.m., except as allowed under this chapter. [Ord. 1165 § 1, 1993.]

10.42.040 Exemptions.

A parent of the following children shall be exempt from the enforcement provisions of this chapter:

(1) A child accompanied by his or her parent;

(2) A child engaged in lawful employment;

(3) A child on an errand pursuant to instructions from his or her parent;

(4) A child involved in an emergency concerning the person or property of him/herself or another;

(5) A child returning home from activities supervised by an adult. The term “returning home” meaning 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 parents. [Ord. 1165 § 1, 1993.]

10.42.050 Authority to enforce.

Law enforcement officers of the city shall have authority to 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 CMC 10.42.030. Upon finding probable cause to believe that the parent of such child is in fact in violation of CMC 10.42.030 and not exempt under CMC 10.42.040, the law enforcement officer shall direct or deliver the child to the residence of his or her parent. [Ord. 1165 § 1, 1993.]

10.42.060 Violation – Penalty.

Upon a parent’s first violation, a notice shall be given to the parent. Upon a second violation, a citation shall be served on the parent and 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 determination by the judge that a second violation has occurred, a fine of not less than $25.00 nor more than $300.00 shall be imposed upon the parent, and/or the parent shall be directed to complete a parenting skills course, if available. Upon a third or subsequent violation involving the same child, the parent shall be subject to a fine of not less than $50.00 nor more than $300.00. [Ord. 1165 § 1, 1993.]