A. It is unlawful for a parent, legal guardian, custodian, or other person to knowingly permit a person in his custody or control to violate the provisions of section 4-2-1 of this chapter. It shall be rebuttable presumption that a person has violated this section if someone under seventeen (17) years of age of whom such person has custody or control is present upon any public assembly, building, business, street or highway or other public place or public way in violation of section 4-2-1 of this chapter, and none of the defenses enumerated in section 4-2-1 of this chapter apply.
B. Any person convicted of a violation of subsection A of this section shall be fined fifty dollars ($50.00) for the first violation in any twelve (12) month period; seventy five dollars ninety nine cents ($75.99) for a second violation in any twelve (12) month period; and two hundred dollars ($200.00) for a third or subsequent violation in any twelve (12) month period. (Ord. 04-10, 12-6-2004)