(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 during regularly scheduled class time 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 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 section.
(c) It shall be an affirmative defense to a prosecution under 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 a prosecution under subsection (b) hereof that the parent or legal guardian initiated the 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 (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.
(f) Any child who violates subsection (a) hereof is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person who violates subsection (b) hereof is guilty of negligently failing to supervise a child of compulsory school age, a misdemeanor of the fourth degree.
(Ord. 94-53. Passed 12-6-94.)