§ 106-229. Child in need of supervision.

(a)

Any minor age six through 15 years old who loiters, wanders, strolls or plays 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, unsupervised by an adult having the lawful authority to be at such places, between the hours of 8:30 a.m. and 2:30 p.m. on any school day shall be considered a child in need of supervision.

(b)

A minor shall not be considered a child in need of supervision under the circumstances set forth in items (1) through (6) of section 106-227 of this chapter, or in the following instances:

(1)

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

(2)

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

(3)

When the minor is married in accordance with applicable law;

(4)

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

(5)

When the minor is participating in an approved school or study activity which requires the minor to be off school property.

(c)

A police officer shall transport any minor charged with being a child in need of Supervision, as defined in subsection (a), to a designated school district facility. A minor transported to the school district facility will be released to the custody of the school officials or to the custody of the minor's parent or legal guardian.

(d)

It shall be unlawful for the parent, legal guardian or other person having custody or control of any minor, age six through 15 years old, to knowingly commit an act or knowingly fail to act when such an act or omission would cause the minor to be found to be a child in need of supervision as defined in subsection (a).

(1)

It shall be an affirmative defense to this section if the parent or legal guardian has invoked the jurisdiction of the juvenile court with regard to the minor prior to the time that the minor was charged with being a child in need of supervision.

(2)

It shall not be a defense to the offense provided for in subsection (b) that the minor has not been formally found to be a child in need of supervision.

(3)

Any person who violates this ordinance shall, upon conviction, be punished as provided in the general penalty provision currently designated as section 1-8.

(Ord. No. 2009-46(09-O-0824), § 1, 8-25-09; Ord. No. 2012-02(12-O-0077), § 1, 2-15-12)