§ 18-15. Truancy.

(a)

For the purpose of this section, "public place" means any street, highway, alley or right-of-way, to include sidewalks, any park, playground, shopping center or other place or building open to the public; any cemetery, school yard, 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; and any vacant lot or land, whether publicly or privately owned.

(b)

It shall be unlawful for any minor between the ages of seven (7) and sixteen (16) years to loiter, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots, or any place unsupervised by an adult having the lawful authority to be at such places, between the hours of 8:00 a.m. and 3:00 p.m. on any school day; provided, however, that the provisions of this section shall not apply in the following instances:

(1)

When a minor is accompanied by his or her parent, guardian, or other adult person twenty-one (21) years of age or older having the legal care or custody of the minor;

(2)

When the minor is upon an emergency errand directed by the minor's parent, guardian, or other adult person having the legal care or custody of the minor;

(3)

When the minor is returning directly from [to] home from lawful employment that makes it necessary to be in the above-referenced places during the prescribed period of time;

(4)

When the minor is in a motor vehicle with parental consent for normal interstate or intrastate travel through the city;

(5)

When the minor is enrolled in a valid home study program, as authorized by O.C.G.A. § 20-2-690;

(6)

When the minor has completed all course study requirements for high school graduation;

(7)

When the minor is married in accordance with applicable law;

(8)

When the minor has written proof from school authorities that the minor is excused from school attendance at that particular time;

(9)

When the minor is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly, or free exercise of religion; or

(10)

When the minor serves as a page of the general assembly, as set forth in O.C.G.A. § 20-2-692.

(c)

It shall be unlawful for the parent, guardian or other adult person having legal custody or control of any minor to allow such minor to be in or upon any public place within the city between the hours of 8:00 a.m. and 3:00 p.m. on any school day, except in the circumstances set out in subsection (b)(1) through (9) above. An adult person who is in violation of this subsection shall be subject to such punishment as the municipal court of the city may impose, subject to all limitations contained in the charter of the city. Each violation of this subsection shall constitute a separate offense.

(d)

It shall be an affirmative defense to an offense charged under subsection (c) above that the parent or legal guardian of the minor has initiated the jurisdiction of the juvenile court against the minor prior to the time that the minor was found in violation of subsection (b) above. Any minor who violates subsection (b) above is subject to the jurisdiction of the juvenile court.

(e)

Any police officer who takes into custody a minor in violation of subsection (b) above shall comply with the requirements of O.C.G.A. §§ 20-2-699 and 20-2-700.

(f)

If a minor is suspended or expelled from school, that minor's parent or legal guardian, for the duration of the suspension or expulsion, shall prohibit the minor from being in any public place at the time that the minor would have been required to be in attendance at school had the minor not been suspended or expelled, unless;

(1)

The minor is accompanied by the minor's parent or legal guardian or a responsible adult, twenty-one (21) years of age or older, selected by the parent or legal guardian to supervise the minor; or

(2)

The minor is employed pursuant to an age or schooling certificate during the actual working hours or traveling directly to or from the job site.

(g)

A person who is in violation of subsection (f) above shall be subject to such punishment as the municipal court of the city shall impose, subject to all limitations contained in the charter of the city. Each violation of this section shall constitute a separate offense.

(h)

Any minor who violates subsection (b) above while under suspension or expulsion shall be subject to the jurisdiction of the juvenile court.

(i)

It shall be an affirmative defense to an offense charged under subsection (f) above that the parent or legal guardian has invoked the jurisdiction of the juvenile court against the minor prior to the time that the minor violated subsection (f) above.

(Ord. No. 1215, § I, 5-13-96)