§ 137.05 CONSTRUCTION AND SEVERABILITY.

   Severability is intended throughout and within the provisions of §§ 137.01 through 137.05. If any provision, including any exception, part, phrase, or term, or the application thereof to any person or circumstances is held invalid, the application to other persons or circumstances shall not be affected thereby and the validity of the ordinance in any and all other respects shall not be affected thereby.

(1999 Lou. Code, § 138.005) (Lou. Ord. No. 23-1997, approved 2-14-1997; Lou. Am. Ord. No. 63-1998, approved 3-26-1998; Lou. Am. Ord. No. 77-1998, approved 5-4-1998; Lou. Am. Ord. No. 56-1999, approved 5-5-1999; Lou. Metro Am. Ord. No. 36-2007, approved 3-26-2007)

SCHOOL ATTENDANCE REQUIREMENT

§ 137.20 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

   (A)   STUDENT. Any person between the age of six and 18 who is required by law to attend school.

   (B)   PARENT. Any person having legal custody of a minor:

      (1)   As a natural or adoptive parent;

      (2)   As a legal guardian;

      (3)   As a person whom legal custody has been given by order of court.

   (C)   REMAIN. To stay behind, tarry, linger, congregate, move about, wander, stroll, or stay unnecessarily upon or in any public assembly, building, place, street, or highway.

   (D)   ALLOW. Either to permit or neglect to prevent. It requires actual or constructive knowledge on the part of the parent or guardian, that is, the parent or guardian must actually know that the student is violating this subchapter, or the circumstances must be such that a reasonably prudent parent or guardian should have known the student was violating this subchapter.

(1999 Lou. Code, § 138.100) (Lou. Ord. No. 228-1997, effective date 11-30-1997; Lou. Metro Am. Ord. No. 36-2007, approved 3-26-2007)

§ 137.21 SCHOOL ATTENDANCE REQUIRED WHEN STUDENT'S SCHOOL IN SESSION.

   (A)   It shall be unlawful for any student to be or remain in or upon any public assembly, building, place, street, or highway within Jefferson County when the student's school is in session.

   (B)   It shall be unlawful for any parent or guardian having legal custody of a student to allow such student to be or remain in or upon a public assembly, building, place, street, or highway in Jefferson County, under circumstances not constituting an exception as enumerated in § 137.22, when the student's school is in session.

(1999 Lou. Code, § 138.101) (Lou. Ord. No. 228-1997, effective date 11-30-1997; Lou. Metro Am. Ord. No. 36-2007, approved 3-26-2007)

§ 137.22 EXCEPTIONS.

   In the following exceptional cases a student in or upon any public assembly, building, place, street, or highway in Jefferson County during the school hours shall not be considered in violation of this subchapter:

   (A)   When the student is accompanied by a parent;

   (B)   When accompanied by an adult authorized in writing by a parent;

   (C)   When the student has a card issued by the student's school giving permission for the absence.

   (D)   Each school has a right to elect not to participate in this program upon forwarding a notarized letter signed by the school's principal to the Chief of the Metro Police Department stating the principal's desire to not have the daytime curfew enforced upon its students.

(1999 Lou. Code, § 138.102) (Lou. Ord. No. 228-1997, effective date 11-30-1997; Lou. Metro Am. Ord. No. 36-2007, approved 3-26-2007)

§ 137.23 ENFORCEMENT.

   (A)   Until such time as the Kentucky Revised Statutes are amended to allow a police officer to transport a student back to a school facility designated by the School District, a police officer upon finding or being notified of any student in or upon any public assembly, building, place, street, or highway whose parent is believed to be in violation of this subchapter may stop and question such student and request such information as his or her name and age, the name and address of his or her parent, guardian, or person having legal custody, and the name of the school the student attends.

   (B)   If the police officer determines or has reasonable cause to believe that a school attendance violation has occurred, the police officer may obtain from the student the information necessary to issue a warning to the student's parent, guardian, or person having legal custody.

   (C)   Any minor found violating this school attendance subchapter shall be directed to proceed immediately to his or her school.

(1999 Lou. Code, § 138.103) (Lou. Ord. No. 228-1997, effective date 11-30-1997; Lou. Metro Am. Ord. No. 36-2007, approved 3-26-2007)