(a) As used in this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) “Public place” means any street, highway, alley or right-of-way, including sidewalks; any park, playground, mall, other place or building open to the public; any cemetery, school yard, body of water or watercourse; and privately or publicly owned place of amusement, entertainment or public accommodation including parking lots and other areas adjacent thereto; and any vacant lot or land.
(2) “Minor” means any person under the age of eighteen years who is unemancipated.
(b) (1) No minor between the ages of six and eighteen years of age shall be in any public place within the City except in attendance at school between 8:30 a.m. and 2:30 p.m. on any school day unless:
A. The minor has written proof from school authorities that he or she is excused from school attendance at that particular time; or
B. 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
C. The minor is employed pursuant to an age or schooling certificate, during actual working hours or traveling directly to or from the job site.
(2) It shall be an affirmative defense to this section that the minor is not required by state law to be in attendance at school for non-disciplinary reasons.
(3) The provisions of this section explicitly apply to minors who are suspended, expelled, or have been withdrawn from school.
(c) (1) 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 (b) hereof.
(2) It shall be an affirmative defense to this section that the parent or legal guardian has initiated the jurisdiction of the Juvenile Court against the minor prior to the time that the minor was found violating subsection (b) hereof.
(d) A police officer or school attendance officer, or probation or parole officer, when applicable, shall transport any minor found violating subsection (b) hereof to the North College Hill Police Department. Any minor transported to the police department pursuant to this Section will only be released into the custody of his or her parent, legal guardian, or other adult designated by said parent or legal guardian. If the parent or legal guardian is unwilling or unable to make acceptable arrangements for the release of a minor, that minor will be transported to the appropriate county juvenile facility.
(e) (1) Any minor who violates subsection (b) hereof is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(2) Whoever violates subsection (c) hereof shall be guilty of a minor misdemeanor. For a second or subsequent violation under this section, such person shall be guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed for each violation under this section.
(Ord. 15-2012. Passed 9-4-12.)
(Ord. 15-2012. Passed 9-4-12.)