§ 132.04  TRUANCY.
   (A)   (1)   It is unlawful for any minor who is subject to compulsory education by statute or court order to be present in any public place or on the premises of any establishment within the village while the school the minor is required to attend is in session.
      (2)   This division shall not apply to minors engaged in the following:
         (a)   Accompanied by a parent, guardian, custodian, or responsible adult when the minor is excused from school;
         (b)   Involved in a bona fide emergency;
         (c)   Going to, or returning to home or school from a medical appointment without detour;
         (d)   Going to, or returning to home or school from employment pursuant to a cooperative school vocation program without any detour;
         (e)   In possession of valid proof that the minor student has permission to leave the school campus;
         (f)   A bona fide participant in any alternative education or home schooling program;
         (g)   An authorized or excused absence from school, including but not limited to lunch periods.
   (B)   It is unlawful for any parent, guardian, custodian, or responsible adult supervising a minor, to knowingly permit or, by insufficient control, allow the minor to be present in any public place or on the premises of any establishment within the village while the school the minor is required to attend is in session.
   (C)   It is unlawful for any owner, operator, or any employee of an establishment to allow a minor to be present or to remain upon the premises of the establishment while in violation of this section.  It shall be an affirmative defense, however, if the owner, operator, or employee of the establishment notifies the Police Department immediately upon discovering that a suspected violation of this has occurred on the premises of the establishment.
   (D)   (1)   Any person convicted of violating any provision of this section shall be fined not less than $75.00 but not more than $500.00.
      (2)   In lieu of a fine, a first minor offender may be ordered to perform ten hours of court-approved community service.  A subsequent minor offender may be ordered to perform court-approved community service in addition to the minimum fine.
      (3)   Parents, guardians, or custodians may be ordered to attend a court-approved parenting class or other counseling related to parenting.
      (4)   In addition to the penalties above, the minor’s parents, guardians, or custodians may be required by the court to pay restitution to the village for all costs incurred for the custody or care of the minor, or for any damages caused directly or indirectly by the minor.
(Ord. 939, passed 2-21-06)