(a) For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Public Place” means any street, highway, alley or right of way, including parks, playgrounds, shopping centers, or malls, other places or buildings open to the public, cemeteries, school yards, bodies of water or water course, privately or public owned places of amusement, entertainment or public accommodation, including parking lots and other areas adjacent thereto, and any vacant lot or land.
(2) “Habitually Truant” means any child of compulsory school age who is absent without legitimate excuse from the public school the child is required to attend for five or more consecutive days, or seven or more school days in one school month, or twelve or more school days in one year.
(3) “Chronically Truant” means any child of compulsory school age who is absent without legitimate excuse from the public school the child is required to attend for seven or more consecutive days, or ten or more school days in one school month, or fifteen or more school days in any one school year.
(4) “Chronically Tardy” means any child of compulsory school age who is late to attend any school day or any class period more than fifteen times in any one school year, without legitimate excuse from the public school the child is required to attend.
(5) “Compulsory School Age” means a child between six and eighteen years of age, and includes a child under six years of age who has been enrolled in kindergarten. The compulsory school age shall not commence until the beginning of the term of the applicable school year, or other time in the school year as established by the board of the school district in which the child resides.
(6) “Half day” means one-half of any school day. For the purposes of calculating school days under this setion, it shall be conclusively determined that any child of compulsory school age who is late in excess of ninety minutes for any school period, shall be deemed absent for that school “half day” day. Any child who is absent without legitimate excuse for longer than a half day shall be deemed truant for the entire school day. Additionally, “half day” absences occurring when a school child is absent for one half of a school day may be accumulated and aggregated into full day absences for purposes of this section. For example, a student who has five “half day” absences may be considered to be two and one half days absent for the purposes of this section.
(b) No minor child of compulsory school age who is suspended, expelled, truant or otherwise required by law to be in school shall be in any public place within the City except in attendance at school between the hours of 7:15 a.m. and 3:30 p.m. on any school day unless the school district has established other hours for that particular school day except when any of the following apply:
(1) The minor has written proof from school authorities that he or she is excused from school attendance at that particular time; or
(2) The minor is accompanied by his or her parent or legal guardian or responsible adult selected by the parent or legal guardian to supervise the child; or possesses a written excuse from the parent or legal guardian; or
(3) The minor is employed pursuant to an age or schooling certificate during actual working hours or traveling directly to or from a job site; or
(4) The minor is not required by state law to be in attendance at school, including, but not limited to early graduates and privately or home educated minors; or
(5) The Board of Education and/or the School Superintendent and/or Principal with authority to do so has declared the school to be closed.
(c) No parent or legal guardian of a minor who is of compulsory school age shall negligently permit that minor to violate subsection (b) hereof. No parent or legal guardian of a minor who is of compulsory school age shall negligently permit that minor to be habitually truant, chronically truant or chronically tardy.
(d) It shall an affirmative defense to this section that the parent or legal guardian has initiated the jurisdiction of the Juvenile Court by signing a Complaint against the minor prior to the time that the minor was found violating subsection (b) hereof.
(e) A police officer, school attendance officer, court liaison officer, probation or parole officer when applicable, shall transport any minor to the police department for processing only after determining that a violation of subsection (b) hereof has occurred. At that time, the minor can be processed under this section and transported to the Juvenile Detention Center or summoned into the Juvenile Court under this section. No minor will be released, except into the custody of his or her parent or legal guardian or the school that the child attends.
(f) Any minor who violates subsection (b) hereof is subject to the jurisdiction of the Juvenile Court. Any parent or legal guardian who violates subsection (c) hereof is guilty of a minor misdemeanor. Any parent or legal guardian who has been previously convicted for a violation under this section is guilty of a fourth degree misdemeanor. Any parent or legal guardian who has been previously convicted for a violation under this section and whose minor child has become chronically truant is guilty of a misdemeanor in the first degree.
(Ord. 104-06. Passed 8-7-06.)