(a) Obligation of minor. No minor child, who has been suspended or expelled from school shall be on or about the public streets, public places, commercial establishments, or places of amusement or entertainment within the village within the hours when the child is required to be in attendance at either a public or private school, in an alternative program placement approved by the Lockland Board of Education, or is under suspension or expulsion from a public or private school, unless the child is accompanied by a parent, guardian, or other adult person having the care or custody of him or her, or is upon an emergency errand or other legitimate business directed by a parent, guardian, or other adult having care and custody of him or her or has otherwise been excused from attendance for the reasons specified in § 678.03(c) pursuant to the conditions and requirements contained therein.
(b) Obligation of parent. If a minor child is suspended or expelled from school, the following must be complied with:
(1) Parental duty. If a minor child is suspended or expelled from school then each parent of the minor shall have the following duties for the duration of the suspension or expulsion:
A. The duty to personally supervise the minor, or to 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;
B. The duty to prohibit the minor from being at any public place at the time that the minor would have been required to be in attendance at school had he or she not been suspended or expelled.
(2) Additional obligation of minor. No minor child who has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent pursuant to division (b)(1)A. of this section.
(c) Obligation of business operator. It shall be unlawful for any operator or any business establishment to knowingly permit a minor to remain at the establishment under circumstances not constituting an exception to, or otherwise beyond the scope, of this section. The term “knowingly,” includes knowledge that an operator should reasonably be expected to have concerning the patrons of the establishment. The standard for “knowingly” shall be applied through an objective test: whether a reasonable person in the operator’s position should have known that the patron was a minor committing a violation of this section.
(d) Notice to parent or guardian.
(1) A school which suspends or expels a minor child from school shall notify the parents or guardians of the minor child of the terms of this section by mailing a copy of this section or the underlined ordinance to the parents or guardians at their last known address.
(2) The Chief of Police shall send the parents or guardians of any minor child violating the terms of this section written notice of the child’s violation.
(3) Failure to receive the notices provided for hearing is not a defense to prosecution.
(Ord. 97-14, passed 4-15-1997)