(a) No child between the ages of six and 17, inclusive, other than a child who has been expelled from school, shall be at any place within the village, except in attendance at school, between the hours of 9:00 a.m. and 2:30 p.m. during any school day, unless the child has written proof from school authorities excusing him or her from attending school at that particular time, for nondisciplinary reasons, or unless the child is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child.
(b) Each parent or legal guardian of a child between the ages of six and 17, inclusive, shall have a duty to prohibit the child from behaving contrary to division (a) hereof. No person shall negligently fail to fulfill the duty imposed by this division.
(c) It shall be an affirmative defense to a charge of violating division (b) hereof 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 for nondisciplinary reasons.
(d) It shall be an affirmative defense to a charge of violating division (b) hereof 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 (a) hereof.
(e) A police officer or school attendance officer may transport any child found violating division (a) hereof 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 shall be made at the discretion of the police officer or school attendance officer, based on proximity of the destination and other relevant factors, and shall be subject to the need to respond to emergency or priority calls.
(f) Any child who violates division (a) hereof is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person who violates division (b) hereof shall be charged with failure to send his or her child to school in violation of R.C. § 3321.38.
(`80 Code, § 648.115) (Ord. 2056, passed 10-3-94)