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Section 11-20 Parental responsibility.
(a) For the purposes of the ordinance codified in 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 fifteen (15) years to loiter, wander, stroll, or play in or upon the public streets, highway, 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 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 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 travel with interstate and intrastate travel through the City of Thomasville; (5) When the minor is enrolled in a valid home study program as authorized by O.C.G.A. section 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 subsections (1) through (10) of subsection (b), above. An adult person who is in violation of this subsection shall be subject to such punishment as the municipal court of the City of Thomasville may impose, subject to all limitations contained in the Charter of the City and O.C.G.A. 20-2-699 and 700. Each violation of this subsection shall constitute a separate offense. (d) It shall be an affirmative defense if 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) of this section, above. Any minor who violates subsection (b) of this section, 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) of this section, above, shall comply with the requirements of O.C.G.A. 20-2-699 and 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: (1) Personally supervise the minor or arrange for a responsible adult twenty-one (21) years of age or older to supervise the minor at the times that the minor would have been required to be in attendance at school had the minor not been expelled or suspended; and (2) Prohibit the minor from being in any public place at the times that the minor would have been required to be in attendance at school had the minor not been suspended or expelled, unless: a. 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 b. 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) of this section, above, shall be subject to such punishment as the municipal court of the City of Thomasville shall impose, subject to all limitations contained in the Charter of the City and O.C.G.A. 20-2-690.1, and in the case of conflict the latter shall control. Each violation of this section shall constitute a separate offense. (h) Any minor who violates subsection (b) of this section, above, while under suspension or expulsion shall be subject to the jurisdiction of the juvenile court. (i) It shall be an affirmative defense if 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) of this section, above. (Ord. of 2-26-96, I)
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