(a) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) “City” means the City of Girard.
(2) “Public place” means any street, highway, alley or right of way, to include sidewalks; any park, playground, shopping center, mall, other place or building open to the public; and cemetery, schoolyard, body of water or watercourse; any privately or publicly owned place of amusement, entertainment or public accommodation, including parking lots and other areas adjacent thereto; any vacant lot or land; and any private property without consent of the owner.
(3) “Minor” means any person under the age of 18.
(4) “Parent” means the natural or adoptive parent of a minor.
(5) “Guardian” means any person other than a parent who has legal guardianship of a minor.
(6) “Custodian” means any person over the age of eighteen who is in loco parentis to a minor.
(b) Compulsory School Attendance.
(1) No minor between the ages of six and eighteen years of age other than a minor who has been expelled from school, shall be in any public place within the City except in attendance at the school in which they are enrolled during the hours that school is in session.
A. The minor has written proof from school authorities that he or she is excused from school attendance at that particular time; or
B. The minor is accompanied by his or her parent or legal guardian or a responsible adult selected by the parent or legal guardian to supervise the child; or
C. The minor is employed pursuant to an age or schooling certificate, during actual working hours or traveling directly to or from the job site.
(2) Each parent, legal guardian and custodian of a minor over the age of six shall have a duty to prohibit the minor from behaving contrary to subsection (b)(1) hereof. No parent, legal guardian or custodian shall negligently fail to fulfill the duty imposed by this section.
(3) A police officer or school designee may transport any minor found violating subsection (b)(1) hereof 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.
(c) Minor Suspended or Expelled from School to Remain Under Supervision. 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 suspended or expelled unless:
A. The minor is employed pursuant to an age or schooling certificate during actual working hours or traveling directly to or from the job site.
(d) Defenses. The following shall be affirmative defenses to enforcement of these provisions:
(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 (b)(1).
(3) The minor has been directed by the parent, legal guardian or custodian to engage in a specific activity or to carry out the express instructions during the times that the minor is actually engaged in fulfilling those directions or instructions.
(e) Penalty. Any minor who violates subsection (b) hereof is further subject to the jurisdiction of the Juvenile Court. Any parent or legal guardian who violates subsection (b) or (c) is guilty of a fourth degree misdemeanor. Any parent or legal guardian who has been previously convicted for two or more violations under this section is guilty of a misdemeanor of the first degree. (Ord. 7939-14. Passed 2-24-14.)