A. Definitions: For the purposes of this section:
ADULT: Any person eighteen (18) years of age and older.
EMERGENCY: Includes, but is not limited to, fire, natural disaster, automobile accident or requirement for immediate medical care for another person.
ESTABLISHMENT: Any privately owned place of business to which the public is invited, including, but not limited to, any place of amusement or entertainment.
JUVENILE: Any person under eighteen (18) years of age.
PARENT: A person who is the natural or adoptive parent of a person. "Parent" includes a court appointed guardian or other person eighteen (18) years of age or older authorized by the parent, by a court order or by a court appointed guardian to have the care and custody of the person.
PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, office buildings, transport facilities, shopping centers and malls.
B. Offenses:
1. It is unlawful for any juvenile who is subject to compulsory education to loiter, idle, wander or be in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings or the premises of any establishment, vacant lots, any dwelling not their current residence or any unsupervised place between the hours of eight thirty o'clock (8:30) A.M. and two o'clock (2:00) P.M. on any day when school is in session for that juvenile.
2. It is unlawful for any juvenile who is subject to a compulsory alternative education program to loiter, idle, wander or be in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings or the premises of any establishment, vacant lots, any dwelling not their current residence or any unsupervised place between the hours of eight thirty o'clock (8:30) A.M. and two o'clock (2:00) P.M. on any day when that juvenile would otherwise be required to attend a regular or alternative compulsory education school.
3. It is unlawful for the parent of any juvenile to knowingly permit or by insufficient control allow the juvenile to be in violation of subsection B1 or B2 of this section.
C. Defenses: It is a defense to prosecution under this section:
1. When the juvenile is accompanied by a parent;
2. When the juvenile is on an emergency errand directed by a parent;
3. When the juvenile is going to or coming directly from their place of school approved employment;
4. When the juvenile is going to or coming directly from a medical appointment;
5. When the juvenile has permission to leave the school campus for lunch or a school sponsored activity or has in their possession a valid, school issued, off campus permit;
6. When the juvenile is going to or coming from a compulsory alternative education program activity;
7. When the juvenile is attending, or without any detour or stop, going to or returning from, an official school, religious, government sponsored, or other recreational activity supervised by adults and/or sponsored by the city, or a civic organization, the school district, religious or other government organization.
D. Enforcement Procedure:
1. Upon any violation of subsection B1 or B2 of this section, a peace officer may issue a citation to the juvenile and may transport the juvenile home or to the school from which the juvenile is absent. If cited, the juvenile and a parent shall appear in court as directed in the citation. The parent shall be advised of the fact that the juvenile was cited for a violation of this section. The parents shall be warned of their responsibility and liability as the juvenile's parents.
2. If a parent has been previously warned as set forth in this section, upon a parent's first violation of subsection B3 of this section, a peace officer may issue a citation for an infraction to the parent to appear in court.
3. When a parent has previously been issued a citation for an infraction as set forth in subsection D2 of this section, upon any subsequent violation by a parent of subsection B3 of this section, a peace officer may issue a citation for a class C misdemeanor to the parent of the juvenile to appear in court.
E. Penalty:
1. A juvenile convicted of a first time violation of subsection B1 of this section may be placed on probation with the school for a period of up to ninety (90) days. If the juvenile does not have another unexcused absence or violation of subsection B1 of this section, the case may be dismissed by the court upon a recommendation from the school that the juvenile has complied.
2. A juvenile convicted of a violation of subsection B1 or B2 of this section is guilty of an infraction. In addition to any fine, the court shall review whether there is appropriate community service. The court shall fine the juvenile at least thirty five dollars ($35.00).
3. a. A parent convicted of a violation of subsection B3 of this section shall be guilty of an infraction if the parent had been previously given formal warning of the requirements of this section previously; or
b. A class C misdemeanor if the parent had been previously convicted of a violation of subsection B3 of this section. (Ord. 99-05, 11-18-1999)