A. Commission Of Offense: A person commits the offense of failing to supervise a minor if: 1) the person is the parent, legal guardian or person with legal responsibility for the safety and welfare of a child under eighteen (18) years of age; and 2) the child has been found on private property or premises open to the public in violation of any provision of this code.
B. Defense: It shall be a defense to the offense of failure to supervise a minor if the child's violation of the code occurred in the presence of the person. It shall be a defense to the offense of failure to supervise a minor if the violation occurred on private property of the person. It shall be a further affirmative defense that the person:
1. Took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise; or
2. Reported the act to the appropriate authorities. (Ord. 97-589, 6-4-1997)
C. Penalties; Restitution; Citation:
1. In addition to any fine or penalty imposed pursuant to this section, the court may order the person to pay any restitution to a victim of the minor's conduct. The amount of the restitution ordered pursuant to this section shall not exceed two thousand five hundred dollars ($2,500.00).
2. If a child in violation of subsection A of this section is eleven (11) years of age or younger, any citation issued shall be issued to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation of this section rather than to the child for violation of any provision of this code.
3. The first time a person is convicted of an offense described in subsection A of this section, the person shall not be required to pay a fine exceeding one hundred dollars ($100.00) if the person successfully participates and completes a parent effectiveness program to the satisfaction of the court. (Ord. 97-589, 6-4-1997; amd. 2004 Code)