(A) 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 his or her current residence, or any unsupervised place between the hours of 8:30 a.m. and 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 8:30 a.m. and 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 divisions (A)(1) or (A)(2) above.
(B) Defenses. It is a defense to prosecution under this chapter:
(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 his or her possession, a valid, school-issued, off-campus permit;
(6) When the juvenile is going to, or coming from, a compulsory alternative education program activity; and/or
(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.
(C) Enforcement procedure.
(1) Upon any violation of divisions (A)(1) or (A)(2) above, 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 chapter. 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 chapter, upon a parent’s first violation of division (A)(3) above, 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 division (C)(2) above, upon any subsequent violation by a parent of division (A)(3) above, a peace officer may issue a citation for a Class C misdemeanor to the parent of the juvenile to appear in court.
(Prior Code, § 6.04.030) (Ord. 02-2001, passed 2-7-2001) Penalty, see § 130.99