HomeMy WebLinkAboutCity Council Ordinance 1999-03CITY OF PLYMOUTH
ORDINANCE NO. 99-03
AN ORDINANCE AMENDING CHAPTER 9 OF THE PLYMOUTH CITY CODE
RELATING TO PUBLIC SAFETY, PROHIBITING CHILD ENDANGERMENT
IN A MOTOR VEHICLE
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1 Chapter 9, Section 945.01 of the Plymouth City Code is amended
in its entirety to read:
945.01 General Rule. A parent, legal guardian or caretaker who causes or
permits a child under the age of five (5) to remain unattended in a motor vehicle is guilty
of child endangerment if:
(a) Weather conditions present a threat to the child due to exposure to
dangerous temperatures, air quality or lack of ventilation; or
(b) The child's physical environment within the motor vehicle
constitutes a threat to the child's safety; or
(c) The child is left unattended for an unreasonable period of time
considering the totality of the circumstances. A child left
unattended for greater than three (3) minutes constitutes prima
facie evidence of child endangerment; or
(d) The child is left unattended in a motor vehicle with unlocked doors
with or without an open ignition; or
(e) The motor vehicle containing the child is out of the direct view of
the parent, legal guardian or caretaker.
For purposes of this ordinance, it is not a defense that the parent, legal guardian ,
or caretaker leaves within the vehicle another child under the age of ten (10) to
supervise the child. A caretaker is anyone age sixteen (16) or older who assumes
or has responsibility for the welfare of the child left in the motor vehicle.
SECTION 2. Chapter 9, Section 945.03 of the Plymouth City Code is amended
in its entirety to read:
945.03 Penalty. Any person who violates Section 945.01 is guilty
of a misdemeanor, and upon conviction shall be punished
by a fine and imprisonment consistent with the State law
for misdemeanor crimes, plus reasonable prosecution costs.
SECTION 3. This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council this 19" day of January, 1999.
4cetnTierney, M or
ATTEST:
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La 'e F. Ahrens, City Clerk