HomeMy WebLinkAboutOrdinance 2009.04 Amending title 11 of the town code relating to unattended children in a motor vehicleand revising chapter 11~'. ANN RODRIGUEZ, RECORDER DOCKET: 13508
RECORDED BY: LLW PAGE: 1341
DEPUTY RECORDER y°g ~I~Zy NO. OF PAGES: 2
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{ SEQUENCE: 20090430407
SMARA r'~z
~ ~ 03/05/2009
TOWN OF MARANA ~~ ~~ '~~~~ ~ ORDIN 15:37
ATTN: TOWN CLERK `9ItIZ0~4'
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 8.00
MARANA ORD INANCE N0.2009.04
RELATING TO OFFENSES; AMENDING TITLE 11 OF THE MARANA TOWN CODE TO
PROHIBIT THE ACT OF LEAVING A CHILD UNDER THE AGE OF EIGHT
UNATTENDED IN A MOTOR VEHICLE; ADDING CHAPTER 11-8; RENUMBERING
EXISTING CHAPTERS 11-8 AND 11-9; AND DECLARING AN EMERGENCY
WHEREAS the Town Council finds that the act of leaving a child under the age of eight
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 eight 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 eight years of age unattended in a mo-
tor vehicle without supervision by another person who is at least 12 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 nec-
essary 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 ventila-
tion or any other condition existing within the motor vehicle.
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Marana Ordinance 2009.04 - 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 Diversion
In any case involving a person's first violation of this chapter, the prosecutor may
offer the person the opportunity to complete a diversion program in accordance
with A.R.S. § 9-500.22. Successful completion of the diversion program re-
quirements shall result in the dismissal of the charge.
Section 11-8-4 Violation; penalty
A violation of this chapter is a class 1 misdemeanor.
SECTION 2. Since it is necessary for the preservation of the peace, health and safety of
the Town of Marana that this ordinance become immediately effective, an emergency is hereby
declared to exist, and this ordinance shall be effective immediately upon its passage and adop-
tion.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 3rd day of March, 2009.
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Mayor Ed onea
ATTEST:
~ elyn C. ~ onson, Town Clerk
APPROVED AS TO FORM:
.~
F _
~' prank Cassidy, Town Attorney
~,
Marana Ordinance 2009.04 - 2 -
~Q~~ ~ OFFICIAL RECORDS OF
~« ~ ,e 75 ~ PINAL COUNN RECORDER
LAURA DEAN-LYTLE
TOWN OF MARANA ~ • • •~
ATTN: TODD HAMM
11555 W CIVIC CENTER DR DATE/TI1~ : 03/06/09 1218
MARANA, AZ 85653 FEE ;
$12.00
PAGES: 2
F'EE NUMBER: 2009'022609
MARANA ORDINANCE NO.2009.04
RELATING TO OFFENSES; AMENDING .TITLE 11 OF THE MARANA` TOWN'CODE TO
PROHIBIT THE : ACT OF LEAVING A CHILD UNDER THE AGE OF EIGHT
UNATTENDED IN A MOTOR VEHICLE; ADDING CHAPTER 11-8; RENUMBERING
EXISTING CHAPTERS 11-8 AND 11-9; AND DECLARING AN EMERGENCY
WHEREAS the Town Council finds that the act of leaving a child under the age of eight
unattended in a motor vehicle presents. a risk to the child's health, safety or welfare; and
WHEREAS the Town Council finds that the Town's interest in protecting the welfare of
its citizens is compelling; and
WHEREAS the Town Council .finds that the adoption of a prohibition on the act of leav-
ing children under theage of eight unattended irr motor vehicles as set forth in this ordinance is
in the best interests of the Town and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Title 11 of the Marana Town Code is hereby revised by renumbering exist-
ing Chapter 11-8 as Chapter 11-9.and renumbering existing Chapter 11-9 as Chapter 11-10 and
by adding new Chapter 11-8, as follows:
Chapter 11-8 UNATTENDED CHILD IN MOTOR VEHICLE;
CLASSIFICATION; PENALTY
Section 11-$-1 Prohibited conduct.
It is unlawful to leave a child who is under eight years of age unattended in a mo-
tor vehicle without supervision by another person who is at least 12 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 nec-
essary to remove any child from a motor vehicle whenever it appears that the
child's lifeor.<health isendangered by extreme temperatures, lack of ventila-
tion or any other condition. existing within the motor vehicle.
Maraca Ordinance 2009.04
-1-
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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 91-8=3- Diversion
In any case involving a person's first violation. of this chapter, the prosecutor may
-offer the person `the opportunity o complete a diversion program in accordance
with A.R.S. § 9-500.22'. Staccessful completion of the diversion program re-
quirements shall result in the dismissal of the charge,
Section 11-8-4 Violation; .penalty
A violation of this chapter is a class 1 misdemeanor.
SECTION 2. Sinee it is necessary for the. preservation of the peace, health and safety of
the Town of Marana that this ordinance become immediately effective, an emergency is hereby
declared to exist, and this ordinance shall be effective immediately upon its passage and adop-
tion.
PASSED AND:ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 3'~ day of March, 2009.
Mayor d Honea
ATTEST:
elyn ronson, Town Clerk
APPROVED AS TO FORM:
Cassidy, Town Attorney
Marana Ordinance 2009.04 - 2 -