[Adopted 6-11-2015 by Ord. No. 15-15[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 194 but was renumbered to maintain the organization of the Code.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CHILD
A person under six years of age.
UNATTENDED
Refers to a child who has been left in a motor vehicle by a parent, guardian or other person responsible for that child, when that parent, guardian or other person is unable to continuously observe the child.
UNSUPERVISED
Refers to an unattended child when a person 14 years of age or older is not present in the motor vehicle.
B. 
Fine; criminal charges.
(1) 
A parent, guardian or other responsible person who leaves a child younger than six years of age unattended and unsupervised in a motor vehicle shall be a petty disorderly person and subject to a fine of not less than $1,000.
(2) 
If the child suffers bodily injury as a direct or indirect result of being left unattended and unsupervised, the parent, guardian or other responsible person may be subject to criminal charges.
(3) 
If the child suffers serious bodily injury or dies as a direct or indirect result of being left unattended and unsupervised, the parent, guardian or other responsible person shall be referred to the prosecutor's office for the consideration of pressing criminal charges.
C. 
Removal by law enforcement; notification.
(1) 
A law enforcement officer who observes a child left unattended and unsupervised in a motor vehicle in violation of this section may use whatever means are reasonably necessary to protect the child and remove the child from the motor vehicle.
(2) 
If the child is removed from the immediate area by the law enforcement officer pursuant to Subsection C(1) of this section, notification shall be placed on the motor vehicle. A child removed from a motor vehicle pursuant to this subsection shall be referred to the supervision of the Division of Child Protection and Permanency if the law enforcement officer is unable to locate the parent, guardian or other person responsible for the child.
(3) 
A law enforcement officer shall not be liable in any civil action by any party for any act or omission performed in good faith under this act.
D. 
All owners of shopping malls, strip malls or other shopping facilities with contiguous parking areas are hereby required to post signs in the parking areas noting that, pursuant to this article, any parent, guardian, or other responsible person may be subject to punishment for leaving children unattended.
[Amended 8-13-2015 by Ord. No. 20-15]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ANIMAL or CREATURE
Includes the whole brute creation.
BODILY INJURY
Physical pain, illness or any impairment of physical condition.
NECESSARY CARE
Care sufficient to preserve the health and well-being of an animal, and includes, but is not limited to: food of sufficient quantity and quality to allow for normal growth or maintenance of body weight; adequate access to water in sufficient quantity and quality to satisfy the animal's needs; access to adequate protection from the weather; and veterinary care to alleviate suffering and maintain health.
OWNER or PERSON
Includes a corporation, and the knowledge and acts of an agent or employee of a corporation in regard to animals transported, owned, employed, or in the custody of the corporation shall be assigned to the corporation.
SERIOUS BODILY INJURY
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
B. 
Prohibition; fine.
(1) 
It shall be unlawful to leave a live animal or creature unattended in a motor vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature.
(2) 
Any owner leaving such animal or creature unattended is a petty disorderly person and subject to a fine of not less than $1,000 for every conviction of said offense.
C. 
All owners of shopping malls, strip malls or other shopping facilities with contiguous parking areas are hereby required to post signs in the parking areas noting that, pursuant to this article, any owner or other person having custody of an animal may be subject to punishment for leaving a pet unattended in a vehicle.
[Amended 8-13-2015 by Ord. No. 20-15]