ORDINANCE

AN ORDINANCE AMENDING TITLE 3, CHAPTER 9, ARTICLE B, SECTION 3-9-B-4, OF THE CODE OF THE CITY OF LENEXA, KANSAS, MORE SPECIFICALLY DEALING WITH LEAVING CHILDREN UNATTENDED IN VEHICLES, REPEALING THE EXISTING CODE SECTION 3-9-B-4.

WHEREAS, Lenexa Police Officers encounter children that have been left unattended in motor vehicles; and

WHEREAS, current Lenexa Code only prohibits leaving a child unattended in a locked motor vehicle; and

WHEREAS, leaving children unattended in a motor vehicle, whether locked or not is unsafe and potentially dangerous; and

WHEREAS, the City of Lenexa desires to prevent the unnecessary injury to infants and small children from being left unattended in a motor vehicle; and

WHEREAS, the Public Safety Committee has met twice to consider changes to the Code and has unanimously recommended a new ordinance that will prohibit leaving a child unattended in a motor vehicle and;

WHEREAS, the City desires to adopt the new ordinance so as to reduce the risk of injury to children in Lenexa.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LENEXA, JOHNSON COUNTY, KANSAS:

Section 1. Section 3-9-B-4 is hereby amended to read as follows:

3-9-B-4 CHILDREN LEFT UNATTENDED IN VEHICLES.

It shall be unlawful for any person to leave a child under the age of ten (10) unattended in a motor vehicle. For purposes of this Section, "unattended" shall mean that the person is outside the motor vehicle and is unable to continuously observe the child.

Emergency services personnel who observe a child left unattended in a motor vehicle in violation of this Section may use whatever means reasonably necessary to protect the minor child and remove the child from the vehicle. (1984 Code §13-1012.5)

Violation of this Section shall constitute a public offense and punishable as set forth in Article J of this Chapter. In addition to the penalty provisions as set forth in Article J of this Chapter, the Judge may order any person convicted of this section to attend and complete a community education program relating to improving parenting
skills. (1994 Code)

Section 2: Penalty: Any violation of the above provision shall be punishable in accordance with 3-9-J, unless otherwise specifically set out.

Section 3: That this Ordinance shall be construed as follows:

INTERPRETATION
A. Liberal Construction: The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes which are hereby found and declared to be in furtherance of the public health, safety, welfare, and convenience. B. Savings Clause: The repeal of Ordinance or Code sections, as provided hereinbelow shall not affect any rights acquired, fines, penalties, forfeitures, or liabilities therefor. Said Ordinance or Code repealed is hereby continued in force and effect after the passage, approval, and publication of the Ordinance for the purposes of such rights, fines, penalties, forfeitures, liabilities, and actions therefor.
C. Invalidity: If for any reason any chapter, article, section, subsection, sentence, portion or part of the proposed Ordinance set out, or the application thereof to any person or circumstance is declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the Code or other ordinances.

Section 4: That the existing Code Section 3-9-B-4 is hereby repealed.

Section 5: That this Ordinance shall become effective upon adoption and publication in the official City newspaper.

APPROVED BY the Governing Body this ____ day of ____________, ______.

SIGNED BY the Mayor this ____ day of _____________, ______.

Joan Bowman, Mayor
Mary Sue Fry, City Clerk