(a) A parent who has parental rights and responsibilities for the care of a child under eighteen years of age and is the residential parent and legal custodian of such child, a guardian who has custody of a child, or other custodian of a child, is charged with the control of the child and shall have the power to exercise parental control and authority over the child.
(b) It shall be unlawful for a parent, legal custodian, legal guardian, or other person
lawfully charged with the care of a child under eighteen years of age, to knowingly fail to supervise such child. It shall be no defense that a parent or person charged with parental control and authority over the child was completely indifferent to the activities or conduct or whereabouts of such child. Parental responsibility to supervise such child and exercise parental control with regard to such child includes, but is not limited to the following duties:
(1) To keep illegal drugs out of the home and out of the possession of such child, except those drugs duly prescribed by a licensed physician or other authorized medical professional;
(2) To keep firearms out of the possession of such child except those used for hunting or other legal activities in accordance with state law and with the knowledge and supervision of a parent or other individual charged with parental control and authority over the child;
(3) To exercise and have in place reasonable controls so as to prevent such child from maliciously or willfully damaging, defacing or destroying real or personal property belonging to others, including the City of North College Hill;
(4) To exercise and have in place reasonable controls so as to prevent such child from engaging in theft of property or keeping in his or her possession property known to be stolen;
(5) To exercise and have in place reasonable controls so as to prevent such child from engaging in violent assaultive behavior directed at persons. An adjudication that a child under the age of eighteen years of age has been found a "delinquent child, " as such is defined in Ohio R.C. 2151.02 for criminal conduct other than that which would lead to a "status" crime violation, such as a curfew or truancy violation, or has been found guilty of a criminal conviction when said child has been tried as an adult three times within any two-year period, shall be prima facie evidence that said parent or person charged with parental control and authority over the child failed to supervise the child.
(c) This chapter shall not apply to a public children services agency as defined in Ohio R.C. 2151.11, to foster parents, or teachers and other employees of any public or private school.
(d) In a prosecution of a person for failing to supervise a child under subsection (b) hereof, it is an affirmative defense that the person:
(1) Is the victim of the act that brings the child within the jurisdiction of the juvenile court or other court; or
(2) Reported the act to the appropriate authorities; or
(3) Caused a complaint to be filed against the child pursuant to Ohio R.C. 2151.27, except for where the child is a juvenile traffic offender.
(e) Whenever a child is arrested or detained for the commission of any delinquent act within the City, the parent or person charged with parental control and authority over the child shall be notified by the North College Hill Police Department in writing for the first offense, advising the parent of such arrest or detention, the reason therefor, and the parent's responsibility under this chapter. A written record of such notifications shall be kept by the Police Department.
(f) An adjudication that a child has committed any delinquent act or a finding that said child is responsible for a violation which is deemed a civil infraction and the parent or person charged with parental control and authority over the child has received notification on a prior occasion of the same or similar delinquent act shall be prima facie evidence that said person failed to exercise reasonable parental control.
(g) Whoever violates this chapter is guilty of a violation of the parental responsibility ordinance.
(1) Upon first conviction, a violation of this chapter is a minor misdemeanor.
(2) If the offender has been previously convicted of a violation of the parental responsibility ordinance, a violation of this chapter is a misdemeanor of the fourth degree.
(3) Upon the third or subsequent violation of this chapter, a violation of this chapter is a misdemeanor of the third degree.
(Ord. 4-14. Passed 5-19-14.)