636.095   CURFEW FOR SCHOOL-AGED CHILDREN.
   (a)   Attendance at School Required; Parental Duties.
      (1)   No child between the ages of six and 17 years, inclusive, other than a child who has been suspended or expelled from school, shall be at any place within the City, except in attendance at school, during regularly scheduled class time during any school day, unless the child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the child is accompanied by a parent or legal guardian to supervise the child.
      (2)   Each parent or legal guardian of a child between the ages of six and 17 years, inclusive, shall have a duty to prohibit and prevent the child from behaving contrary to division (a)(1) of this section.  No person shall negligently fail to fulfill the duty imposed by this division.
      (3)   It shall be an affirmative defense to divisions (a)(1) and (2) of this section 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.
      (4)   It shall be an affirmative defense to division (a)(2) of this section 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)(1) of this section.
      (5)   A police officer or school attendance officer may transport any child found violating division (a)(1) of this section 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 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 the proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.  The police are not required to transport any child found violating this section.
   (b)   Supervision of Children Suspended or Expelled From School; Parental Duties.
      (1)   A.   If a child is suspended or expelled from school, then each parent or legal guardian of the child shall have the duty and obligation, for the duration of the suspension or expulsion, to prohibit and prevent the child from being at any public place at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled, except in the following circumstances:
            1.   When 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;
            2.   When the child is employed pursuant to an age and schooling certificate issued by school authorities, during the times that the child is actually on the job or traveling directly to or from the job site;
            3.   When the child is on an emergency errand; or
            4.   When the child has been directed by the parent or legal guardian to engage in a specific activity or to carry out express instructions, during the times that the child is actually engaged in fulfilling those directions or instructions.
         B.   No person shall negligently fail to fulfill the duties imposed by this division.
      (2)   No child who has been suspended or expelled from school shall fail to comply with the supervision provided or arranged by a parent or legal guardian pursuant to this section.
      (3)   No child who has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance had he or she not been suspended or expelled, except in the circumstances described in division (b)(1)A.1.  to 4. of this section.
      (4)   As used in this division, "public place" includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement.
      (5)   A police officer or school attendance officer may transport any child found violating division (b)(1) of this section to the child's residence and may release the child into the care of a parent or legal guardian, or to any location designated by 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 the proximity of the destination and other relevant factors and subject to the need to respond to emergency or priority calls.  The police are not required to transport any child found violating this section.
      (6)   It shall be an affirmative defense to division (b)(2) and (3) of this section 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.
      (7)   It shall be an affirmative defense to division (b)(1) of this section 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 divisions (b)(1), (2) or (3) of this section.
   (c)   Penalty.
      (1)   Any child who violates division (a)(1) or (b)(2) or (3) hereof shall be deemed an unruly child and is subject to the jurisdiction of the Juvenile Court.
      (2)   Any person who violates division (a)(2) of this section is guilty of negligently failing to supervise a child of compulsory school age, a misdemeanor of the fourth degree.
      (3)   Any person who negligently fails to fulfill the duty imposed by division (b)(1) of this section is guilty of negligently failing to supervise a suspended or expelled child, a misdemeanor of the fourth degree.
(Ord. 95-O-07.  Passed 6-13-95.)