HomeMy WebLinkAboutORD 2196BILL NO. "
ORDINANCE NO. 1196
AN ORDINANCE TO AMEND CHAPTER 8 OF THE MUNICIPAL CODE OF
THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY
ADDING THE FOLLOWING WHICH WILL BE DESIGNATED AS ARTICLE
6 OF SAID CHAPTER 8 REGARDING PUBLIC SAFETY: PROVIDING FOR
SHORT TITLE, PURPOSE AND APPLICABILITY; DEFINITIONS; FAILURE
TO SUPERVISE CHILD; FIRST OFFENSE WARNING; SECOND OFFENSE
OR MORE; AND PENALTY: REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT
HEREWITH.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF CALDWELL, IDAHO:
Section 1. That Chapter 8 of the Municipal Code of the City of Caldwell, county
of Canyon, State of Idaho, shall be amended by adding the following which shall be
designated as Article 6, Section 1 through 11 of said City Code:
08- 06 -01: SHORT TITLE, PURPOSE, AND APPLICABILITY:
This Chapter shall be known as the Caldwell City Parental Responsibility
Ordinance, adopted for the purpose of providing proper administration and
enforcement of this ordinance.
08- 06 -03: DEFINITIONS:
Parent: Any person who is the parent, lawful guardian or other person, except a
foster parent, lawfully charged with the care or custody of a child under sixteen
(16) years of age.
08- 06 -05: FAILURE TO SUPERVISE A CHILD:
Any person who is the parent, lawful guardian or other person, except a foster
parent, lawfully charged with the care of custody of a child under sixteen (16)
years of age commits the offense of failure to supervise a child, if the child
commits any of the following acts:
1. Commits an act to bring the child within the purview to the Juvenile
Corrections Act, Chapter 5, Title 20, Idaho Code, or commits a crime for
which the child is required to be tried as an adult, or for which jurisdiction
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under the juvenile corrections act is subject to waiver pursuant to Chapter 5,
Title 20, Idaho Code; or
2. Fails to attend school or is not comparably instructed as provided in Section
33 -202; or �r
3. Violates a curfew law of this City.
08- 06 -07: FIRST OFFENSE WARNING:
When a child commits any of the acts set forth in Section for the first time, the
parents, lawful guardian, or other person lawfully charged with the care and
custody of the child may be advised by an officer of the Police Department of the
content of this ordinance and the penalties for violation of the ordinance. This
advisement shall be made by serving a copy of the ordinance upon the offender.
Documentation of this service shall be recorded by the Caldwell Police
Department.
08- 06 -09: SECOND OFFENSE OR MORE:
When a child commits any of the acts set forth in Section 1 for the second or more
times since being warned, a citation or summons may be issued to the parent,
lawful guardian or other person lawfully charged with the care or custody of that
child unless the person with lawful custody is a foster parent. The citation or
summons shall set a date for appearance in the Magistrate Division of the District
Court.
The person receiving a citation or summons under this ordinance shall not be
subject to prosecution if the person demonstrates to the Court upon appearance
any of the following:
1. The person is the victim of the act bringing the child within the purview of the
provisions of Chapter 5, Title 20, Idaho Code; or
2. The person reported the act of the child to the law enforcement agency, the
juvenile court, the Department of Health and Welfare or other appropriate
authority; or
3. The person took reasonable steps to control the conduct of the child at the
time the person is alleged to have failed to supervise the child.
08- 06 -11: PENALTY:
If the person pleads guilty or is found guilty to the offense of failure to supervise a
child, the person shall be declared guilty of a misdemeanor and be subject to the
following penalty:
1. A fine of not more than One Thousand Dollars ($1,000.00). In lieu of the
fine, the Court, with the consent of the person convicted or pleading guilty,
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may order the person to complete parenting classes or undertake other
treatment or counseling as defined by the Court. If the person completes the
classes, treatment or counseling to the satisfaction of the Court, the person
may be discharged. If the person fails to complete the classes, treatment or
counseling to the satisfaction of the Court, the Court may then order payment
of a fine not more than One Thousand Dollars ($1,000.00); and
2. The Court may order the person to pay restitution or make any victim who
suffers an economic loss as a result of the juvenile's conduct in accordance
with the standard and requirements of Section 19 -5304 and 19 -5305, Idaho
Code. Said restitution shall not exceed the amount of Two Thousand Five
Hundred Dollars ($2,500.00).
Any person who violates an order of the Court entered under this ordinance shall
be subject to contempt proceedings in accordance with Chapter 6, Title 7, Idaho
Code. The contempt proceedings and penalty for any contempt found shall be in
addition to and in substitution for any other penalties authorized pursuant to this
ordinance.
Section 2. That all ordinances or parts of ordinances inconsistent herewith are
hereby repealed.
Section 3. This ordinance shall be in force and effect on and after the I' day of
July, 1997, and after its passage, approval and publication according to law.
PASSSED BY THE CITY COUNCIL of the City of Caldwell this 18th day of
August 1997.
APPROVED BY THE MAYOR of the City of Caldwell this 18th day of
g 1997.
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ATTEST:
City Cler