HomeMy WebLinkAboutOrdinance 2009.01 Amending title 11 of the town Code relating to unattended children in a motor vehicleF. ANN RODRIGUEZ, RECORDER DOCKET: 13490
RECORDED BY: C_V PAGE: 27
DEPUTY RECORDER oFP~I$Zq
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TOWN OF MARANA _
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ATTN : TOWN CLERK `gRIZ0~4'
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 8.00
MARANA ORDINANCE N0.2009.01
RELATING TO OFFENSES; AMENDING TITLE 11 OF THE MARANA TOWN CODE TO
PROHIBIT THE ACT OF LEAVING A CHILD UNDER THE AGE OF TEN UNATTENDED
IN A MOTOR VEHICLE; ADDING CHAPTER 11-8; RENUMBERING EXISTING
CHAPTERS 11-8 AND 11-9; AND DESIGNATING AN EFFECTIVE DATE
WHEREAS the Town Council finds that the act of leaving a child under the age of ten
unattended in a motor vehicle presents a risk to the child's health, safety or welfare; and
WHEREAS the Town Council finds that the Town's interest in protecting the welfare of
its citizens is compelling; and
WHEREAS the Town Council finds that the adoption of a prohibition on the act of leav-
ing children under the age of ten unattended in motor vehicles as set forth in this ordinance is in
the best interests of the Town and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Title 11 of the Marana Town Code is hereby revised by renumbering exist-
ing Chapter 11-8 as Chapter 11-9 and renumbering existing Chapter 11-9 as Chapter 11-10 and
by adding new Chapter 11-8, as follows:
Chapter 11-8 UNATTENDED CHILD IN MOTOR VEHICLE;
CLASSIFICATION; PENALTY
Section 11-8-1 Prohibited conduct
It is unlawful to leave a child who is under ten years of age in a motor vehicle
without supervision by .another person in the motor vehicle who is at least 14
years of age if either of the following applies: ~'y,
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A. The conditions tend to present a risk to the child's health, safety or welfare; or ~"
B. The motor vehicle engine is running or the key to the motor vehicle is located ~''~
in the passenger compartment of the motor vehicle.
Section 11-8-2 Protection of children by town
A. Any peace officer is authorized to use whatever force is reasonable and neces-
sary to remove any child from a motor vehicle whenever it appears that the
child's life or health is endangered by extreme temperatures, lack of ventilation
or any other condition existing within the motor vehicle.
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B. No peace officer shall be liable for damages to property caused by the use of
reasonable force to remove a child from a motor vehicle as described in this
section.
Section 11-8-3 Violation; penalty
A. A violation of this chapter is a class 1 misdemeanor.
B. A person convicted of violating this chapter shall be fined not less than $1,000.
The magistrate may not grant probation in lieu of or otherwise suspend the im-
position of the minimum fine prescribed by this paragraph.
SECTION 2. This Ordinance shall become effective on the 5~' day of March, 2009.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 3rd day of February, 2009.
ATTEST:
celyn C. ronson, Town Clerk
Mayor d Honea
APPROVED AS TO FORM:
~~r~ank Cassidy, Town-~ ttorney
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LAURA DEAN-LYTLE
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DATE/TIME: 02/09/09 1625
FEE' $12.00
PAGES: 2
FEE 1`NMBER: 2009-012719
MARANA ORDINANCE N0.2009.01
RELATING TO OFFENSES; AMENDING TITLE 11 OF THE MARANA TOWN CODE TO
PROHIBIT THE ACT OF LEAVING A CHILD UNDER THE AGE OF TEN UNATTENDED
IN A MOTOR VEHICLE; ADDING .CHAPTER 11-8; RENUMBERING EXISTING
CHAPTERS 11-8 AND 11-9; AND DESIGNATING AN EFFECTIVE DATE
WHEREAS the Town Council finds that the act of leaving a child under the age of ten
unattended in a motor vehicle presents a risk to the child's health, safety or welfare; and
WHEREAS the Town Council finds that the Town's interest in protecting the welfare of
its citizens is compelling; and
WHEREAS the Town Council finds that the adoption of a prohibition on the act of leav-
ing children under the age of ten unattended in motor vehicles as set forth in this ordinance is in
the best interests of the Town and its residents.
NOi%V, 'I"I-IER~FORE, BE II t`~RDAIvED BY THE Iv1AYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Title 11 of the Marana Town Code is hereby revised by renumbering exist-
ing Chapter 11-8 as Chapter 11-9 and renumbering existing Chapter 11-9 as Chapter 11-10 and
by adding new Chapter 11-8, as follows:
Chapter 11-8 UNATTENDED CHILD IN MOTOR VEHICLE;
CLASSIFICATION; PENALTY
Section 11-8-1 Prohibited conduct
It is unlawful to leave a child who is under ten years of age in a motor vehicle
without supervision by another person in the motor vehicle who is at least 14
years of age if either of the following applies:
A. The conditions tend to present a risk to the child's health, safety or welfare; or
B. The motor vehicle engine is running or the key to the motor vehicle is located
in the passenger compartment of the motor vehicle.
Section 11-8-2 Protection of children by town
A. Any peace officer is authorized to use whatever force is reasonable and neces-
sary to remove any child from a motor vehicle whenever it appears that the
child's life or health is endangered by extreme temperatures, lack of ventilation
or any other condition existing within the motor vehicle.
-1-
B. No peace officer shall be liable for damages to property caused by the use of
reasonable force to remove a child from a motor vehicle as described in this
section.
Section 11-8-3 Violation; penalty
A. A violation of this chapter is a class 1 misdemeanor.
B. A person convicted of violating this chapter shall be fined not less than $1,000.
The magistrate may not grant probation in lieu of or otherwise suspend the im-
position of the minimum fine prescribed by this paragraph.
SECTION 2. This Ordinance shall become effective on the St" day of March, 2009.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 3rd day of February, 2009.
~° r~ ~' ,~
Mayor Ed Honea
ATTEST:
ocel C. Bronson, Town Clerk
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APPROVED AS TO FORM: