(A) Established: It shall be unlawful for any person less than eighteen (18) years old who is enrolled in any public, private or parochial school to be present at, in or upon, within the corporate limits of the village, any public assembly, building, place, street or highway, other than school, during any time when school is in session during the regular school term, unless that person is:
1. Traveling to or from school by the most direct available route; or
2. Engaged in school related activities with prior approval of school authorities or as otherwise authorized by written school policy; or
3. Engaged in personal business, including, but not limited to, employment, medical care or religious activities, with prior written notice thereof from a parent or legal guardian addressed to school authorities.
4. Accompanied and supervised by a parent, legal guardian, or other adult having lawful custody or supervision of such person.
5. Involved in an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage.
(B) Investigatory Detention: Any police officer may stop and detain a person whom the police officer reasonably suspects to be violating this section for the purposes of verifying the detained person's identity, age, school enrollment and authority to be absent from school. The police officer shall immediately inform the detained person of the reason for the detention and that the detained person will be released on verification of authorization to be absent from school. If the detained person refuses to provide the police officer with the necessary information, or if authorization to be absent from school cannot be verified within fifteen (15) minutes after the detention, then the detained person shall be taken to school authorities, if practicable, or to a parent, legal guardian or other responsible person having lawful custody or supervision of such person.
(C) First And Subsequent Violations: The first incident of violation of school curfew shall be handled by the school authorities according to the policy and procedure of the school in which the minor is enrolled. The incident shall be documented and retained by the school district and the village. Any subsequent violations of this section will result in the minor and/or parent or legal guardian receiving a citation for the offense.
(D) Parental Responsibility: It shall be unlawful for any parent, legal guardian or other responsible companion to knowingly permit a person in his or her custody or control to violate subsection (A) of this section. (Ord. 2007-4090, 2-5-2007)