(a) No person, who is the parent, guardian, custodian, or person having temporary custody or control of a child under the age of thirteen, or of a mentally or physically handicapped child under the age of twenty-one, shall create a risk to the health, safety or welfare of such child by leaving such child unattended in a motor vehicle in a public place.
(b) No person, who is the parent, guardian, custodian, or person having temporary custody or control of a child under the age of thirteen, or of a mentally or physically handicapped child under the age of twenty-one, shall create a risk to the health, safety or welfare of such child by leaving such child unattended in a motor vehicle in a public place, when the engine of said vehicle is running or the keys are in the ignition.
(c) Whoever violates subsection (a) hereof is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for a second or subsequent offense. Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree. The penalty shall be as provided in Section 408.01.
(Ord. 1994-147. Passed 10-17-94.)