(A) No child between the ages of six and 17 years who is actually a resident of the State of Ohio shall be on or about public streets, public places, commercial establishments or places of amusement and entertainment within the municipal limits during the hours when said child is required to be in attendance at either a public or private school, an alternative program placement designated by the New Lebanon Board of Education, or is under suspension or expulsion from a public or private school, unless said 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 person having the care and custody of him or her.
(B) Any law enforcement officer or police officer may arrest any child found violating this section and charge such child with a violation of this section, or in the alternative, may immediately take such child to said child's school and request that the school notify the school's attendance officer of such violation, or release such child to his or her parent, guardian, custodian, or school attendance officer.
(C) A child placed in a bona fide home schooling program shall not be subject to the terms of this section.
(D) The parent, guardian, or person having the legal custody and control of any minor violating any of the provisions hereof shall be guilty of a minor misdemeanor. Any minor violating the provisions of this section shall be dealt with in accordance with the Ohio law and the policies and procedures of the Juvenile Division of the Montgomery County Common Please Court.
(Ord. 97-47, passed 1-20-98) Penalty, see § 130.99