(a) No child between the ages of six and 17, inclusive; other than a child that has been suspended or expelled from school, shall be at any place within the City except in attendance at school during any time period within which such person is required in attendance at a public or private school in which such person is enrolled, 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, or a responsible adult selected by the parent or legal guardian, to supervise the child.
(b) Each parent or legal guardian of a child between the ages of six and 17, inclusive, shall have a duty to prohibit the child from behaving contrary to division (a) of this section. No person shall recklessly fail to fulfill the duty imposed by this division.
(c) Divisions (a) and (b) of this section do not apply if 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.
(d) It shall be an affirmative defense to division (b) of this section that the parent or legal guardian:
(1) Initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating division (a) of this section; or
(2) Can demonstrate based upon the records of the North Royalton City School District that the parent or legal guardian has been actively working with officials of the School District regarding the behavior of the child prior to the time that the child was found violating division (a) of this section.
(e) A police officer or school attendance officer may transport any child found violating division (a) 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 the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
(f) Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person who violates division (b) of this section is guilty of recklessly failing to supervise a child of compulsory school age, a misdemeanor of the fourth degree for a first offense. Any person who is convicted of a second or subsequent offense for violating division (b) of this section is guilty of a misdemeanor of the third degree.
(Ord. 08-110. Passed 6-3-08.)