(a) No child between the ages of six and seventeen, inclusive, other than a child who has been suspended or expelled from school, shall be at any place within the City except in attendance at school or at their residence during regularly scheduled class time during any school day unless the child has been excused from attending school at that particular time.
(b) Each parent, legal guardian or custodian of a child between the ages of six and seventeen, inclusive, shall have a duty to prohibit the child from behaving contrary to subsection (a) hereof. No person shall negligently fail to fulfill the duty imposed by this subsection.
(c) It shall be an exception to subsections (a) and (b) hereof that the child, at the time he or she was found at a place other than in school, was not required by law to be in attendance at school.
(d) A police officer or school attendance officer may transport any child found violating subsection (a) hereof to the child’s residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on the proximity of the destination and other relevant facts, and subject to the need to respond to emergency or priority calls.
(e) Any child who violates subsection (a) hereof is an unruly child and subject to the jurisdiction of the Mahoning County Juvenile Court.
(f) Any person who violates subsection (b) hereof is guilty of negligently failing to supervise a child of compulsory school age, a minor misdemeanor.
(g) Any person who previously has been convicted of subsection (b) hereof shall be guilty of a misdemeanor of the fourth degree.
(Ord. 2002-04. Passed 3-6-02.)