(a) No child between the ages of six and seventeen, inclusive, other than a child who has been suspended or expelled from school, shall be at any place within the City except in attendance at school between the hours of 8:30 a.m. and 3:00 p.m. during any school day, 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 seventeen, inclusive, shall have a duty to prohibit the child from behaving contrary to subsection (a) hereof. No person shall negligently fail to fulfill the duty imposed by this subsection.
(c) It shall be an affirmative defense to a charge of violating subsection (a) or (b) hereof that 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 a charge of violating subsection (b) hereof that the parent or legal guardian initiated the jurisdiction of the Juvenile Court against the child prior to the time the child was found violating subsection (a) hereof.
(e) A police officer or school attendance officer may transport any child found violating subsection (a) hereof 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 subsection (a) hereof is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person who violates subsection (b) hereof is guilty of negligently failing to supervise a child of compulsory school age, a minor misdemeanor for a first offense and misdemeanor of the fourth degree for any subsequent offense. The penalty shall be as provided in Section 698.02. In addition to any other method of enforcement provided for in these Codified Ordinances or by statute, this offense may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(Ord. 203-93. Passed 9-7-93.)