(a) If a minor is suspended or expelled from school, that minor’s parent or legal guardian or custodian shall have the following duties for the duration of the suspension or expulsion:
(1) The duty to personally supervise the minor or arrange for a responsible adult to supervise the minor at the times that the minor would have been required to be in attendance at school had he or she not been expelled or suspended; and
(2) The duty to prohibit the minor from being in any public place at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled unless:
A. The minor is accompanied by his or her parent or legal guardian or custodian or a responsible adult selected by the parent, legal guardian or custodian to supervise the minor.
B. The minor is employed pursuant to an age or schooling certificate, during actual working hours or traveling directly to or from the job site.
(b) The following shall be affirmative defenses to this section.
(1) The minor is not required by state law to be in attendance at school.
(2) The parent, legal guardian or custodian has initiated the jurisdiction of the juvenile court against the child prior to the time that he or she violated subsection (a) hereof.
(3) The minor has been directed by the parent, legal guardian or custodian to engage in a specific activity or to carry out express instructions during the times that the minor is actually engaged in fulfilling those directions or instructions.
(c) Any parent, legal guardian or custodian who violates subsection (a) hereof is guilty of a minor misdemeanor. Any parent or legal guardian who has a second or subsequent violation of division is guilty of a fourth degree misdemeanor. (Ord. 96-8991. Passed 10-2-96.)