(A) Compulsory school age to be in attendance at school.
(1) No minor child, other than a minor who has been suspended or expelled from school, shall be at any place within the city except in attendance at school during normal school hours, during any school day, unless the minor had written proof from school authorities excusing him or her from attending school at that particular time, or unless the minor is accompanied by a parent or a responsible adult selected by the parent to supervise the minor.
(2) Each parent of a minor child shall have a duty to prohibit the minor from behaving contrary to division (A)(1) of this section.
(3) It is an affirmative defense to prosecution under this section that the minor, at the time he or she was found at a place other than the school, was not required by law to be in attendance at school.
(B) Minors suspended or expelled from school.
(1) If a minor child is suspended or expelled from school, then each parent of the minor shall have the following duties for the duration of the suspension or expulsion:
(a) The duty to personally supervise the minor, or to arrange for a responsible adult to supervise the minor, at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled; and
(b) The duty to prohibit the minor from being at any public place at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled.
(2) No minor child who has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent pursuant to division (B)(1)(a) of this section.
(3) No minor child who has been suspended or expelled from school shall be in any public place at the time that he or she would have been required to be in attendance at school had he or she not been suspended or expelled.
(4) It shall be unlawful to intentionally, knowingly, recklessly, or with criminal negligence violate this section.
(C) Operator responsibility. It shall be unlawful for any operator or any business establishment to knowingly permit a minor to remain at the establishment under circumstances not constituting an exception to, or otherwise beyond the scope of, this section. The term “knowingly” includes knowledge that an operator should reasonably be expected to have concerning the patrons of the establishment. The standard for “knowingly” shall be applied through an objective test: whether a reasonable person in the operator's position should have known that the patron was a minor in violation of this section.
(D) Notice to parent or guardian.
(1) A school which suspends or expels a minor child from school shall notify the parents or guardians of the minor child of the terms of this section by mailing a copy of this section or the underlying ordinance to the parents or guardians to their last know address.
(2) The Chief of Police shall send the parents or guardians of any minor child violating the terms of this section written notice of the child's violation.
(3) Failure to receive the notices provided for herein is not a defense to prosecution.
(E) Penalties.
(1) The first violation of this section by any person shall be a minor misdemeanor, punishable by a fine of not more than $100.
(2) The second violation of this section by any person shall be a misdemeanor of the fourth degree, punishable by a fine of not more than $250 and by community service of not more than eight hours, or by a combination of part or all of the foregoing.
(3) The third and all subsequent violations of this section by any person shall be a misdemeanor of the third degree, punishable by a fine of not more than $500 and by community service of not more than 40 hours and by imprisonment up to 30 days, or by a combination of part or all of the foregoing.
(4) Proceedings against all minor children shall be had in accordance with Ohio R.C. Chapter 2151.
(Ord. 96-28, passed 4-16-96)
Cross-reference:
Schools; truancy and parents duties, see Ch. 662