(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) “City” means the City of Warren.
(2) “Minor” means any person under the age of eighteen years who is unemancipated.
(3) “Public place” means any street, highway, alley or right of way, to include sidewalks; any park, playground, shopping center, mall, or other place or building open to the public; any cemetery, schoolyard, body of water or watercourse; any privately or publicly owned place of amusement, entertainment or public accommodation, including parking lots and other areas adjacent thereto; any vacant lot or land; and any private property without consent of the owner.
(4) “Parent” means the natural or adoptive parent of a minor.
(5) “Guardian” means any person other than a parent who has legal guardianship of a minor.
(6) “Custodian” means any person over the age of eighteen who is in loco parentis to a minor.
(b) No minor shall be in any public place within the City except for attendance at school during regular school hours on any school day unless:
(1) The minor has written proof from school authorities that he or she is excused from school attendance at that particular time; or
(2) The minor is accompanied by his or her parent or legal guardian or a responsible adult selected by the parent or legal guardian to supervise the child; or
(3) The minor is participating in a bona fide, approved work-study program during the hours of such work-study assignment; or
(4) The minor is on an emergency errand or conducting some other legitimate business.
It shall be an affirmative defense to this division that the minor is not required by state law to be in attendance at school.
School suspensions or expulsions are not an affirmative defense to this section.
(c) Each parent, legal guardian and custodian of a minor shall have a duty to prohibit the minor from behaving contrary to subsection (b) hereof. No parent, legal guardian or custodian shall negligently fail to fulfill the duty imposed by this subsection.
It shall be an affirmative defense to this division that the parent or legal guardian has initiated the jurisdiction of the Juvenile Court against the minor prior to the time that the minor was found violating subsection (b) hereof.
(d) A police officer, parole officer, probation officer or school designee may transport any minor found violating subsection (b) hereof, 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 designee based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
(e) Any child who violates subsection (b) hereof is an unruly child and is subject to the jurisdiction of the Juvenile Court. The Juvenile Court may consider, as a sentence for violation of this section, attendance at a court approved alternative program (at the expense of the parent/legal guardian), and/or community service.
(f) Any parent, legal guardian or custodian who violates subsection (c) hereof is subject to the jurisdiction of the Juvenile Court. The Juvenile Court may consider, as a sentence for violation of this section, attendance at a court approved alternative program (at the expense of the parent/legal guardian).
(Ord. 11332/99. Passed 10-13-99.)