CODE OF ORDINANCES City of MINNEAPOLIS, MINNESOTA Codified through Ord. No. 99-Or-120, enacted October 29, 1999.
Title 15 OFFENSES--MISCELLANEOUS*
CHAPTER 395. MINORS*
395.40. Adults’ responsibility
Any parent or legal guardian of a minor child under the age of eighteen (18) years who shall by word or deed or failure to act or by lack of supervision and control over said junior child, encourage, contribute toward, cause or tend to cause said minor child to become a "neglected child," a "delinquent child" or a "habitual truant," a "runaway," a "juvenile petty offender," a "juvenile alcohol offender," or a "juvenile controlled substance offender" as defined by Minnesota Statute 260.015, whether or not a petition for adjudication be sought or sustained in Hennepin County juvenile court, shall be guilty of a misdemeanor. (Code 1960, As Amend., § 878.040; 81-Or-155, § 1, 6-12-81; 82-Or-214, § 1, 10-29-82)(Top)
The public purpose of this article is to provide for the protection of juveniles from each other and from other persons, for the enforcement of parental control of and responsibility for their children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities pursuant to the city’s power to promote the health, safety and general welfare of its citizens.
This article may be cited as the "Truancy Ordinance."
The City Council makes the following findings:
(A) City residents find problems associated with youth gangs are a major problem facing the city; and
(B) It has been found that truancy is a high indicator of gang involvement;
(C) The city is confronted by rising juvenile violence, juvenile gang activity, and an increasing number of high school drop outs; and
(D) The crimes being committed by juveniles include serious offenses such as murders, drive by shootings, drug-related crimes and other gang-related activities; and
(E) Juveniles are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
QUALIFIED STUDENT. A person as defined in Section 22-8-2 NMSA 1978 and any person who because of his age is eligible to be a qualified student as defined in Section 22-12-2 NMSA 1978, and/or a person who at the time of the offense is enrolled in kindergarten through twelfth grade.
PARENT. A person who is:
(1) A natural parent, adoptive parent, or step-parent of a qualified student.
(2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a qualified student.
(1) A person who, under court order, is the guardian of the person of a qualified student; or
(2) A public or private agency with whom a qualified student has been placed by a court.
(A) A qualified student who is subject to compulsory education or to compulsory continuing/alternative education pursuant to Section 22-12-2 NMSA 1978 is guilty of an offense if he is in or upon public streets, public places, places of amusement and eating places, vacant lots or any unsupervised place, including a private residence during the hours when the qualified student’s school is in session. A person shall be excused from the compulsory education requirement if:
(1) The person is specifically exempted by law from the provisions of this article;
(2) The person has graduated from a high school;
(3) The person is at least 16 years of age and has been excused by the local school board or its authorized representative upon a finding that the person will be employed in a gainful trade or occupation or engaged in an alternative form of education sufficient for the person’s educational needs and the parent or other person having custody and control consents;
(4) With consent of the parent or person having custody and control of the person to be excused, the person is excused from the provisions of this section by the superintendent of schools of the school district in which the person is a resident and the person is under eight years of age; or
(5) The person is judged, based on standards and procedures adopted by the state board, to be unable to benefit from instruction because of learning disabilities or mental, physical or emotional conditions.
This article shall not apply to qualified students who are in public places in conjunction with a field trip or program conducted by the student’s school or who have been excused pursuant to their school’s policies or regulations.
(B) A parent or guardian of a qualified student is guilty of an offense if he knowingly permits the qualified student to be in violation of division (A) of this section.
(Ord. 48-1996) Penalty, see § 11-10-99
Nothing in this article shall be construed to apply to home schools established as specified in Home School Requirements (22-1-2.1A NMSA 1978).
Any person who violates any provision of this article shall, upon conviction, be subject to a fine not exceeding $50 for the first offense, $75 for the second offense, and $100 for the third offense or up to five days imprisonment for the second and subsequent offenses.
(Added by Ordinance No. 173756, effective October 8, 1999.)
A. For purposes of this section, "regular school hours" are the hours of the full-time school which the minor would attend in the school district in which the minor resides, on any day for which school is in session, or, if such school in the school district of residence is unknown, "regular school hours" are the school hours of the Portland School District No. 1J on any day for which school is in session.
B. A minor who is at least seven (7) years of age and under eighteen (18) years of age and who has not completed the 12th grade may not be upon any street, highway, park, alley, or other public property during regular school hours except while attending school as required by ORS 339.010 to 339.065, unless such minor is:
1. absent from the school with the school’s permission, but not including students who have been suspended or expelled; or
2. engaged in a lawful pursuit or activity that requires the minor’s presence somewhere other than school during regular school hours which is authorized by the parent, guardian, or other person having legal care and custody of such minor; or
3. lawfully emancipated pursuant to ORS 419B.550 to 419B.558; or
4. exempt from compulsory school attendance pursuant to ORS 339.030.
C. If a police officer has reasonable suspicion to believe that a minor is in violation of this section, the officer is authorized to stop and detain the minor and make reasonable inquiry regarding a potential violation of subsection B of this section.
D. If a police officer has probable cause to believe that a minor is in violation of this section, the officer is authorized to take the minor into protective custody pursuant to ORS 419B.150.
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