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545.13 EXCESSIVE NOISE DEFINED.
   (a)   "Excessive noise," as used in this chapter, means any noise, or combination of noises, emanating from any source at a decibel level exceeding that herein described for each designated zoning specification, as follows:
 
Zoning Designation of the Property on on Which the Noise Source is Located
Maximum Decibel Level Permitted
U1, U2
55
All U3 and ASF Districts
55
U4, U5, all R Districts
65
U6, U7, U8
70
 
   (b)   "Decibel," as used in this section, means the unit for measuring the volume of sound, equal to twenty times the base ten logarithm of the ratio of the measured pressure of a particular sound over a reference pressure of twenty micropascals (twenty micronewtons per square meter).
(Ord. 166-1994. Passed 6-20-94.)
545.14 MINORS CURFEW.
   (a)   No child under the age of 12 years shall be upon any street, road, sidewalk, park or any other public place between 9:00 p.m. and 5:00 a.m. of the following day.
   (b)   No child 12 to 15 years of age shall be upon any street, road, sidewalk, park or any other public place between the hours of 10:00 p.m. and 5:00 a.m. of the following day.
   (c)   No child 16 or 17 years of age shall be upon any street, road, sidewalk, park or any other public place between the hours of 11:00 p.m. and 5:00 a.m.
   (d)   No parent, guardian or person in loco parentis shall allow a child to be in violation of divisions (a) through (c) of this section.
   (e)   The provisions of this section shall not apply to a minor accompanied by a parent, guardian or some responsible person 21 years of age or over, or a member of his or her family 18 years or older, or if he or she has a legitimate excuse for being upon public ways or places during the hours aforesaid.
   (f)   Any child violating the curfew imposed under this section shall be dealt with in accordance with Juvenile Court law and procedure.
   (g)   Any parent, guardian or person in loco parentis who is found in violation of division (d) hereof is guilty of a minor misdemeanor and shall be subject to the penalty as provided in Section 599.02.
(Ord. 37-1988. Passed 2-16-88; Ord. 131-2007. Passed 6-18-07.)
545.15 CHILDREN OF COMPULSORY SCHOOL AGE TO BE IN ATTENDANCE AT SCHOOL; PARENTAL DUTY IMPOSED.
   (a)   No child between the ages of six and eighteen, 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 during regularly scheduled class time during any school day, unless the child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the child is accompanied by a parent or legal guardian to supervise the child.
   (b)   Each parent or legal guardian of a child between the ages of six and eighteen, inclusive, shall have a duty to prohibit the child from behaving contrary to division (a) of this section. No person shall negligently fail to fulfill the duty imposed by this division.
   (c)   It shall be an affirmative defense to divisions (a) and (b) of this section 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)   It shall be an affirmative defense to division (b) of this section that the parent or legal guardian initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating division (n) of this section.
   (e)   A police officer or school attendance officer may transport any child found violating division (a) of this section 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 proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
   (f)   Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.
   (g)   Any person who violates division (b) of this section is guilty of negligently failing to supervise a child of compulsory school age, a misdemeanor of the fourth degree, and shall be subject to the penalty provided in Section 599.02.
(Ord. 187-1993. Passed 10-18-93; Ord. 128-2000. Passed 5-15-00.)
545.16 CHILDREN SUSPENDED OR EXPELLED FROM SCHOOL TO REMAIN UNDER SUPERVISION; PARENTAL DUTIES IMPOSED.
   (a)   If a child is suspended or expelled from school, then each parent or legal guardian of the child shall have the following duties for the duration of the suspension or expulsion:
      (1)   The duty to personally supervise the child, or to arrange for a responsible adult to supervise the child, at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled; and
      (2)   The duty to prohibit the child from being at any public place at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled, except in the following circumstances:
         A.   Where the child is accompanied by the parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child; or
         B.   Where the child is employed pursuant to an age and schooling certificate issued by the school authorities, during the times that the child is actually on the job or traveling directly to or from the job site; or
         C.   Where the child is on an emergency errand; or
         D.   Where the child has been directed by the parent or legal guardian to engage in a specific activity or to carry out express instructions, during the times that the child is actually engaged in fulfilling those directions or instructions.
   No person shall negligently fail to fulfill the duties imposed by this division.
   (b)   No child who has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to paragraph (a)(1) of this section.
   (c)   No child who has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances described in paragraph (a)(2)A., (a)(2)C. or (a)(2)D.
   (d)   As used in this section, "public place" includes any street, sidewalk, park, cemetery, school yard, body of water, watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement.
   (e)   A police officer or school attendance officer may transport any child found violating division (a) of this section to the child's residence and may release the child into the care of a parent or legal guardian, 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 proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
   (f)   Any child who violates division (b) or (c) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.
   (g)   Any person who negligently fails to fulfill the duty imposed by division (a) of this section is guilty of negligently failing to supervise a suspended or expelled child, a misdemeanor of the fourth degree, and shall be subject to the penalty provided in Section 599.02.
(Ord. 187-1993. Passed 10-18-93.)
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