(A) For the purpose of this section and § 634.047 of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HABITUALLY TRUANT. One or more of the following:
(a) Three or more consecutive unexcused absences from school;
(b) Five or more unexcused absences from school in a two-week period; or
(c) Fifteen or more unexcused absences from school within a school year.
PUBLIC PLACE. Any street, highway, alley or right-of way, including sidewalks; any park, playground, mall, or other place or building open to the public; any cemetery, school yard, body of water or watercourse; any privately or publicly owned place of amusement, entertainment or public accommodation, including parking lots and other areas adjacent thereto; and any vacant lot or land.
(B) (1) No minor between the ages of six and 18 years of age shall be in any public place within the city, except in attendance at school, between 8:30 a.m. and 2:30 p.m. on any school day, unless one of the following situations exists:
(a) The minor has written proof from school authorities that he or she is excused from school attendance at that particular time;
(b) The minor is accompanied by his or her parent or legal guardian or a responsible adult selected by the parent or legal guardian to supervise the child; or
(c) The minor is employed, pursuant to an age or schooling certificate, during actual working hours or traveling directly to or from the job site.
(2) It shall be an affirmative defense to a charge under this division (B) that the minor is not required by state law to be in attendance at school.
(C) No minor between the ages of six and 18 years of age shall be habitually truant from school.
(D) No parent or legal guardian of a minor between the ages of six and 18 years of age shall negligently allow a minor to violate divisions (B) or (C) above.
(E) It shall be an affirmative defense to a charge under division (D) above that the parent or legal guardian had initiated the jurisdiction of the Juvenile Court against the minor prior to the time that the minor was found violating divisions (B) or (C) above.
(F) A police officer or school attendance officer, or a probation or parole officer, when applicable, may transport any minor found violating divisions (B) or (C) above to the Juvenile Detention Center. No minor transported to the Juvenile Detention Center will be released, except into the custody of his or her parent or legal guardian.
(G) Any minor who violates divisions (B) or (C) above is subject to the jurisdiction of the Juvenile Court. Any parent or legal guardian who violates division (D) above is guilty of a minor misdemeanor. The Juvenile Court may require a person convicted of a violation of division (D) above to post bond in the sum of $100, with sureties to the approval of the Court, conditioned that the parent or legal guardian will not allow the minor in question again to violate divisions (B) or (C) above.
(Ord. 19-1995, passed 3-27-1995; Ord. 109-2000, passed 6-12-2000)