(a) A minor who is at least six (6) years of age and under sixteen (16) years of age and who has not completed the twelfth grade may not be upon any public property or public right-of-way during regular school hours except while attending school as required by MCLA §§ 380.1561 to 380.1599, unless the minor is:
(1) Absent from the school with the school’s permission, but not including students who have been suspended or expelled; or
(2) Engaged in a lawful pursuit or activity that requires the minor’s presence somewhere other than school during regular school hours, and which is authorized by the parent, guardian, or other person having legal care and custody of the minor; or
(3) Lawfully emancipated pursuant to MCLA §§ 722.1 to 722.6; or
(4) Exempt from compulsory school attendance pursuant to MCLA § 380.1561.
(b) If a police officer has reasonable suspicion to believe that a minor is in violation of this section, the officer is authorized to detain the minor and make reasonable inquiry regarding a potential violation of subsection (a) of this section.
(c) If a police officer determines that a minor is in violation of this section, the officer is authorized to take the minor into protective custody and do one of the following:
(1) Take the minor back to his/her assigned school; or
(2) If the minor is eleven (11) and under sixteen (16) years old and not formally enrolled in school or expelled or suspended, or in need of social services, the minor will be taken to an appropriate facility for minors eleven (11) and under sixteen (16) years old; or
(3) If the minor is six (6) to ten (10) years of age, and cannot be taken back to school, the minor will be given a ride to the minor’s parent or guardian.
(d) The minor’s parent or guardian and the minor’s school shall receive a notification ticket relative to the violation.
(Ord. 3687, passed 2-26-2007)