§ 50-244. Bullying a minor, allowing a minor to bully or cyber-bully another minor prohibited.

(a)

Definitions.

(1)

Bullying and to bully, as used in this section, mean the following acts that may occur, for example, in public places, parks, businesses open to the public and parking lots, near schools, at school functions and on sidewalks and walkways:

a.

Intimidation or harassment of an individual that would cause a reasonable person to fear for his or her physical safety or property; or

b.

Creating an intimidating or hostile environment by engaging in persistent or pervasive contact with an individual after such individual has communicated in a way which a reasonable person would understand indicates that such contact is unwelcome; or

c.

Persistent or pervasive intimidation or harassment of an individual because of such individual's race, color, sex, religion, national origin or ancestry, disability, sexual orientation or gender identity.

(2)

Cyber-bully or cyber-bullying, as used in this section, mean transmitting or causing a transmission with the intent to intimidate or harass someone by use of the internet, a cell phone or other device capable of sending or posting text or images, any of the following:

a.

Any image or language that relates to an act which a reasonable person would believe to be an act of a sexual nature and the recipient has not consented to the transmission of such image or language; or

b.

A threat to inflict injury on the recipient, or on the property of the recipient, transmitted to such recipient or to any member of his or her family or household; or

c.

Multiple transmissions made to a third-party for the purpose of instigating such third-party to harass or intimidate someone.

(3)

Minor, as used in this section, means a person under the age of 18 years.

(b)

Bullying a minor prohibited. It shall be unlawful for any person to bully or cyber-bully a minor. No minor shall be prosecuted for a violation of this section. However, the police department and other law enforcement officials are authorized to detain any minor in violation of this subsection who is observed by the officer or official committing such violation in a public place until either released to such minor's parent, guardian or other person having custody or control of the minor.

(c)

Allowing the bullying or cyber-bullying of a minor prohibited; penalty. It shall be unlawful for the parent, guardian or other person having custody or control of a minor to permit, or by insufficient control to allow, such minor to bully or cyber-bully another minor. Upon conviction of a violation of this subsection, a parent, guardian or other person having custody or control of the minor shall be subject to a fine not to exceed $1,000.00 and costs. In lieu of a fine, the court may impose probation provided that a condition of probation is attendance in an available anti-bullying program either provided by the school district wherein resides the convicted parent, guardian or other person having custody or control of the minor or provided by a group or entity approved by the court.

( Ord. No. 130569, § 1, 8-1-13 )