(a) It is unlawful to leave a child who is under ten (10) years of age in a motor vehicle without supervision by another person in the motor vehicle who is at least fourteen (14) years of age if either of the following applies:
(1) The conditions tend to present a risk to the child's health, safety or welfare; or
(2) The motor vehicle engine is running or the key to the motor vehicle is located in the passenger compartment.
(b) A person who violates this section is guilty of a class 1 misdemeanor.
(c) A person convicted of a violation of this section shall be fined not less than one thousand dollars ($1,000.00), and the imposition of this minimum fine cannot be suspended except as provided in subsection (d) of this section.
(d) In a case involving a defendant's first violation of this section, the court may dismiss the charge if the defendant completes a parenting education program to which the defendant is referred by the court that includes a minimum of twenty-four (24) hours of parenting classes and/or counseling and that also includes education on the dangers of leaving young children unattended in motor vehicles. The program shall be capable of providing a certification of successful completion of its requirements. Upon completion of that program, the defendant shall provide that certification to the court.
(e) Any peace officer is authorized to use whatever force is reasonable and necessary to remove any child from a vehicle whenever it appears that the child's life or health is endangered by extreme temperatures, lack of ventilation or any other condition existing within the vehicle as described in subsection (a).
(Ord. No. 10580, § 1, 9-23-08, eff. 11-15-08)