(a) No child between the ages of five and eighteen years who is actually a resident in the state of Ohio shall be upon or about public streets, public places, commercial establishments or places of amusement and entertainment within the City of Deer Park during the hours when said child is required to be in attendance at either a public or private school, an alternative program placement designated by the Board of Education, or is under suspension or expulsion from a public or private school, unless said child is accompanied by a parent, guardian or other adult person having the care and custody of him or her, or is upon an emergency errand or other legitimate business directed by a parent, guardian or other adult person having the care and custody of him or her. A child who has been suspended or expelled but also has been placed in and is attending an alternative learning center program approved by the Board of Education shall be considered to be in compliance with this section. A child placed in a bona fide home schooling program shall not be subject to the terms of this section.
(b) Any child convicted of a violation of this section shall be adjudicated an unruly child, pursuant to this section and the laws of the State of Ohio.
(c) Any law enforcement officer or police officer may arrest any child found violating this section and charge such child with a violation of this section. After arrest, if the child is under suspension or expulsion, the officer may take the child to a facility proposed by the Board of Education and approved by the City Safety Service Director. If a child is truant, the officer may take such child to the approved facility or, in the alternative, to said child’s school attendance officer or assistant attendance officer, or may release such child to his or her parent, guardian, or custodian. (Ord. 01-09. Passed 3-12-01.)