(a) No minor between the ages of six and eighteen years of age shall be in any place within the jurisdiction of the Medina City School District or the Medina County Joint Vocational School District except in attendance at their assigned school during normal school hours on any school day unless:
(1) The minor has written proof from school authorities that he or she is excused from school attendance at their particular time; or
(2) The minor is accompanied by his or her parent or legal guardian or a responsible adult selected by the parent or legal guardian to supervise the child; or
(3) The minor is employed pursuant to an age and schooling certificate, during actual working hours or traveling directly to or from the job site; or
(4) The minor’s attendance is excused pursuant to attendance policy of the Medina City School District or the Medina County Joint Vocational School District.
It shall be an affirmative defense to this section that the minor is not required by state law to be in attendance at school.
(b) No parent or legal guardian of a minor between the ages of six and eighteen years of age shall negligently allow a minor to violate subsection (a) hereof.
It shall be an affirmative defense to this section that the parent or legal guardian has initiated the jurisdiction of the Medina County Juvenile Court against the minor prior to the time that the minor was found violating subsection (a) hereof.
(c) A police officer, school attendance officer, or probation or parole officer, when applicable, shall transport any minor found violating subsection (a) hereof to a location designated by the student’s attending school district. No minor transported to the designated location will be released from the designated location except into the custody of his or her parent, guardian, or person designated by the parent.
(d) Any minor who violates subsection (a) hereof is subject to the jurisdiction of the Medina County Juvenile Court and is cited as an “unruly child” (ORC 2151.022) and is to be adjudicated as follows:
(1) First offense: Waiveable fine of fifty dollars ($50.00). The fine will be waived upon achieving thirty days of school attendance documented by the attendance policy of the Medina City School District or the Medina County Joint Vocational School District as determined by the student’s enrollment.
(2) Second offense: If thirty or more days have elapsed since the last offense, a waiveable fine of seventy-five dollars ($75.00); if less than thirty days have elapsed since the last offense, the fine of seventy-five dollars ($75.00) and a mandatory court appearance. The fine will be waived upon achieving thirty days of school attendance documented by the attendance policy of the Medina City School District or the Medina County Joint Vocational School District as determined by the student’s enrollment.
(3) Third offense: A fine of one hundred fifty dollars ($150.00) and a mandatory court appearance. The fine can be waived after the completion of twenty hours of community service as directed by the Medina County Juvenile Court or sixty days of school attendance documented by the attendance policy of the Medina City School District or the Medina County Joint Vocational School District as determined by the student’s enrollment.
(e) Whoever violates subsection (b) hereof is guilty of failure to supervise a child.
(1) First offense. The offender shall be subject to a fine of up to two hundred fifty dollars ($250.00) and/or ordered to perform community service. The Court may suspend the fine and/or community service if the person charged completes a parenting class as directed by the Medina County Juvenile Court.
(2) 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. Fifty percent (50%) of all fines are to be returned back to the Medina City School District or the Medina County Joint Vocational School District as determined by the student’s enrollment, for the Schools Truancy Prevention Program to help defray costs of educational component.
(Ord. 10-04. Passed 1-26-04.)