(a) (1) A parent who has parental rights and responsibilities for the care of a child under 18 years of age and is the residential parent and legal custodian of such child, a guardian who has custody of such child, or other custodian of such child, is charged with the control of the child and shall have the power to exercise parental control and authority over the child.
(2) It shall be unlawful for a parent, legal custodian, legal guardian or other person lawfully charged with the care of a child under 18 years of age, to fail to supervise such child.
(3) Parental responsibility to supervise such child and exercise parental control with regard to such child includes but is not limited to the following duties:
A. To keep illegal drugs out of the home and out of possession of such child, except those drugs duly prescribed by a licensed physician or other authorized medical professional;
B. To keep firearms out of the possession of such child except those used for hunting in accordance with state law and with knowledge and supervision of a parent;
C. To exercise and have in place reasonable controls so as to prevent such child from maliciously or willfully damaging, defacing or destroying real or personal property belonging to others, including the City of Ironton;
D. To exercise and have in place reasonable controls so as to prevent such child from engaging in theft of property or keeping in his or her possession property known to be stolen;
E. To exercise and have in place reasonable controls so as to prevent such child from engaging in violent or assaultive behavior directed at persons.
(4) An adjudication that a child under the age of 18 years of age has been found a “delinquent child,” as such is defined in Ohio R.C. 2151.02 for criminal conduct other than that which would lead to a “status” crime violation, such as a curfew or truancy violation, or has been found guilty of a criminal conviction when the child has been tried as an adult, three times within any two year period, shall be prima facie evidence that the parent or guardian failed to supervise the child.
(b) This section shall not apply to a public children services agency as defined in Ohio R.C. 2151.011, or to foster parents.
(c) In a prosecution of a person for failing to supervise a child under division (a) of this section, it is an affirmative defense that the person:
(1) Is the victim of the act that brings the child within the jurisdiction of the juvenile court; or
(2) Reported the act to the appropriate authorities.
(d) (1) Whoever violates this section is guilty of failing to supervise a child. Upon first conviction, the offender shall be subject to a fine of up to two hundred and fifty dollars ($250.00) and/or ordered to perform community service, not to exceed ten days. The fine and/or community service will be suspended if the person charged completes a parenting training class designated by the City of Ironton.
(2) For conviction of a second offense and/or additional offenses, the offender shall be subject to a fine of up to five hundred dollars ($500.00) and/or ordered to perform community service for each offense, not to exceed 20 days.
(Ord. 97-31, passed 8-14-1997)