A. It is unlawful for any minor who is subject to compulsory education or to compulsory continuation of education pursuant to statute or court order to be present in any public place or on the premises of any establishment within the city of Barry during truancy curfew hours.
B. It is unlawful for any parent, custodian or guardian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the city of Barry during truancy curfew hours.
C. It is a defense to prosecution under subsection A or B of this section or section 5-3-4 of this chapter that the minor was:
1. Accompanied by a parent, guardian, custodian or responsible adult if engaged in an activity which would constitute an excused absence from the school the minor would normally attend;
2. Involved in an emergency;
3. Going to or returning from a medical appointment without a detour or stop;
4. Engaged in, going to or returning from an employment activity pursuant to a cooperative school vocation program without any detour or stop;
5. In possession of valid proof that the minor is a student who has permission to leave the school campus;
6. A bona fide participant in an alternative education or homeschooling program;
7. Engaged in or subject to an authorized or excused absence from the school which the minor attends, including, but not limited to, lunch periods. (Ord. 2004-2, 1-5-2004)