(a) Attendance at School Required; Parental Duties.
(1) No child between the ages of six and seventeen years, inclusive, shall be at any place within the City except in attendance at school during scheduled school hours, unless: the child has written proof from school authorities excusing him or her from attending school at that particular time; the child is accompanied by a parent or legal guardian to supervise the child; the child is legally and properly employed and the child is actually on the job or is traveling directly thereto or therefrom; the child is on an emergency errand; the child has been suspended or expelled from school; or, the child was not required by law to be in attendance at school.
(2) Each parent or legal guardian of a child between the ages of six and seventeen years, inclusive, shall have a duty to prohibit and prevent the child from behaving contrary to subsection (a)(1) hereof.
(3) A police officer or school attendance officer may transport any child found violating subsection (a)(1) hereof to: the child’s residence, releasing the child into the care of the parent or legal guardian; the school the child attends; or, any location designated by the school authorities as a receiving center for such children. The choice of destination shall be made at the discretion of the police officer or school attendance officer based on the proximity of the destination and any other relevant factors.
(b) Supervision of Children Suspended or Expelled from School; Parental Duties.
(1) Each parent or legal guardian of a child suspended or expelled from school shall have the duty and obligation, throughout the duration of the suspension or expulsion, to prohibit the child from being at any public place within the City of Willoughby at any time that the child would have been required to be in attendance at school had he or she not been suspended or expelled, 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; the child is legally and properly employed and the child is actually on the job or is traveling directly thereto or therefrom; or, the child is on an emergency errand.
(2) No child who has been suspended or expelled from school shall fail to comply with the supervision provided or arranged by a parent or legal guardian pursuant to this section.
(3) No 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 had he or she not been suspended or expelled, except in those circumstances as described in subsection (b)(1) hereof.
(4) As used in this division, “public place” includes any street, sidewalk, park, cemetery, school yard, pool or other body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement.
(5) A police officer or school attendance officer may transport any child found violating divisions (b)(2) or (b)(3) of this section to: the child’s residence releasing the child into the care of the parent or legal guardian; the school the child attends; or, any location designated by the school authorities as a receiving center for such children. The choice of destination shall be made at the discretion of the police officer or school attendance officer based on the proximity of the destination and any other relevant factors.
(c) Penalty.
(1) Any child who violates subsections (a)(1), (b)(2), or (b)(3) hereof shall be deemed an unruly child and is subject to the jurisdiction of the Juvenile Court.
(2) Any person who negligently violates subsection (a)(2) hereof is guilty of failing to supervise a child of compulsory school age, a misdemeanor of the fourth degree.
(3) Any person who negligently fails to fulfill the duty imposed by subsection (b)(1) of this section is guilty of failing to supervise a suspended or expelled child, a misdemeanor of the fourth degree.
(Ord. 2005-29. Passed 3-1-05.)