A Marana ordinance making it illegal to leave children under 10 alone in a vehicle that would have taken effect last Thursday got a couple of tweaks during the Marana Town Council's meeting last week.
Now the law says it's illegal to leave a child under the age of 8 unattended in a vehicle unless supervised by another child who is at least 12. The previous version of the law said the supervising child had to be 14.
The law also allows for a parent to be within line of sight of a vehicle, performing quickie tasks such as returning a shopping cart or library book without herding small children through a parking lot at the same time.
The original version of the law was modeled almost word for word on a similar law passed by Tucson in September, Mayor Ed Honea said in an interview.
The Marana council passed the original version unanimously and without discussion in early February, raising the ire of several mothers who live in Marana and who each have a few children under the age of 10. The changes also passed with a unanimous vote.
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One of the mothers circulated an e-mail to the Marana mayor and council, and Honea called her the day after the original vote. He set up a meeting with her and another mother the following week.
Councilmen Jon Post and Russell Clanagan, and Assistant Town Manager Deb Thalasitis, sat in on that meeting as well.
The mothers, Kati Carbonneau and Stephanie Ashcraft, said they and their friends were concerned that if the law were taken literally, they would be breaking it just by walking around the car to get into the driver's seat after fastening the children in.
Carbonneau has three children under age 4, with a fourth child on the way. Ashcraft has four children ages 10 and under.
"They didn't realize how much it really was affecting us," Carbonneau said. "Just a couple words make a huge difference, and I'm glad we were able to make that difference."
The law as it stands
Prohibited conduct
It is unlawful to leave a child who is under 8 years of age unattended in a motor vehicle without supervision by another person who is at least 12 years of age if either of the following applies:
A. The conditions tend to present a risk to the child's health, safety or welfare; or
B. The motor vehicle engine is running or the key to the motor vehicle is located in the passenger compartment of the motor vehicle.
Diversion
In any case involving a person's first violation of this chapter, the prosecutor may offer the person an opportunity to complete a diversion program in accordance with ARS 9-500.22. Successful completion of the diversion program requirements shall result in the dismissal of the charge.
Penalty
A violation of this chapter is a Class 1 misdemeanor.
What changed about it
• Added the word "unattended" to allow for a parent to be standing outside the car without being in violation.
• No mandatory minimum fine, leaving a range available for sentencing, and adding an option for attending a diversion program that allows for dismissal of the charge for first-time offenders.
• Changed the ages of the children to 8 and 12 years old instead of 10 and 14, respectively.
