(a) No child between the ages of six and seventeen, 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 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 subsections (a) and (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 subsection (b) hereof that the parent or legal guardian initiated jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating subsection (a) hereof.
(e) A police officer or school attendance officer may transport any child found violating subsection (e) 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.
(Ord. 25-1994. Passed 3-28-94.)
(a) If a child is suspended or expelled from school, then each parent or legal guardian of the child shall have the following duties for the duration of the suspension or expulsion:
(1) The duty to personally supervise the child, or to arrange for a responsible adult to supervise the child, at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled; and
(2) The duty to prohibit the child from being at any public place at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled, except in the following circumstances:
A. When the child is accompanied by the parent or legal guardian, or a responsible or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child; or
B. When the child is employed pursuant to an age and schooling certificate issued by the school authorities during the times that the child is actually on the job or traveling directly to or from the job site; or
C. When the child is on an emergency errand; or
D. When the child has been directed by the parent or legal guardian to engage in a specific activity or to carry out express instructions, during the times that the child is actually engaged in fulfilling those directions or instructions.
No person shall negligently fail to fulfill the duties imposed by this subsection.
(b) No child that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to subsection (a)(1) hereof.
(c) No child that has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances described in subsection (a)(2)A, (a)(2)B, (a)(2)C or (a)(2)D.
(d) As used in this section, "public place" includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodations or amusement.
(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.
(Ord. 25-1994. Passed 3-28-94.)
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