CITY OF YAMHILL
ORDINANCE NO. O-463
AN ORDINANCE AMENDING TITLE 5, OFFENSES, CHAPTER 5.08, GENERAL OFFENSES, ADDING SECTION 5.08.045, OF THE YAMHILL MUNICIPAL CODE.
WHEREAS, the Yamhill City Council has considered the idea of amending the general offenses rules and regulations, in response to community input from youth groups; and
WHEREAS, it is important to the City that the community involvement and support are handled in a pro-active fashion; and
WHEREAS, in order to support certain types of sponsored grant funds; NOW THEREFORE;
THE CITY OF YAMHILL ORDAINS AS FOLLOWS:
SECTION 1. Yamhill Municipal Code Chapter 5.08, General Offenses, is hereby amended to add the following section:
5.08.045 - Failure to supervise a child.
(A.) A person commits the offense of failing to supervise a child if the person is the parent, lawful guardian or other person lawfully charged with the care or custody of a child under eighteen (18) years of age and the child:
(1.) Commits an act that brings the child within the jurisdiction of the juvenile court under ORS 419.005;
(2.) Violates the curfew ordinance of the city;
(3.) Fails to attend school as required under ORS 339.010; or
(4.) Allows the child to keep stolen property or controlled substances, as defined by state of Oregon law, which are obtained without a legal prescription.
(5.) Allows or permits such persons property or rented premises to be used for, or fails to take reasonable steps to prevent a gathering of persons under the age of twenty-one at which alcohol, or other illegal substances are is available to those at such gathering.
(B.) Nothing in this section applies to a child-caring agency as defined in ORS 418.205 or to foster parents.
(C.) In a prosecution of a person for failing to supervise a child under subsection (A)(1) of this section, it is an affirmative defense that the person:
(1.) Is the victim of the act that brings the child within the jurisdiction of the juvenile court; or
(2.) Reported the act to the appropriate authorities.
(D.) In a prosecution of a person for failing to supervise a child under subsection (A) of this section, it is an affirmative defense that the person took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.
(E.) In a prosecution of a person for failing to supervise a child under subsection (A)(1) of this section, the municipal court may order the person to pay restitution under ORS 137.103 to 137.109 to a victim for pecuniary damages arising from the act of the child that brings the child within the jurisdiction of the juvenile court. The amount of restitution ordered under this subsection may not exceed two thousand five hundred dollars ($2,500.00).
(F.) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has not previously been convicted of failing to supervise a child, the court:
(1.) May warn the person of the penalty for future convictions of failing to supervise a child and may suspend imposition of sentence;
(2.) May not order the person to pay restitution under this section.
(G.) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has only one prior conviction for failing to supervise a child, the court, with the consent of the person, may suspend imposition of sentence and order the person to complete a parent effectiveness program approved by the court. Upon the person=s completion of the parent effectiveness program to the satisfaction of the court, the court may discharge the person. If the person fails to complete the parent effectiveness program to the satisfaction of the court, the court may impose a sentence authorized by this section. There may be only one suspension of sentence under this subsection with respect to a person.
(H.) Failing to supervise a child is an offense punishable by a fine of not more than one thousand dollars ($1,000.00), a portion of which may be assessed as a restitution charge to defray the reasonable costs incurred by the enforcement agency responding to the violation. (Ord. 95-6 ' 1, 1995)
SECTION 2. This Ordinance hereby amends Yamhill Municipal Code Chapter 5.08, General Offenses, by adding section 5.08.045. All remaining portions of Yamhill Municipal Code, Title 5, General Offenses, are hereby reaffirmed in their entirety.
INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 28th day of November , 2001.
CITY OF YAMHILL, OREGON
FIRST READING: 11/14/01
SECOND READING: 11/25/01
AYES: Heinrich, Jordan and Mitchell
NAYS: None
Signed By: Charles P Mitchell Mayor - City of Yamhill
ATTEST: Sandi Wodarczak City Recorder/Treasurer