2011-76 AMENDING CITY CODE - CHAPTER 73 - OFFENSES

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Section B above during the hours that the Schools are in session with student attendance required. D. It shall be a defense to Section A, B or C that the minor was: (1) Accompanied by the minor's parent, guardian, custodian, or responsible adult; without any detour or stop; (2) On an errand at the direction of the minor's parent, guardian, custodian, or responsible adult; without any detour or stop; (3) In a motor vehicle involved in interstate travel with the consent or authorization of a parent, guardian, or custodian; (4) Engaged in, going to or returning home from an employment activity pursuant to a cooperative school vocation program without any detour or stop; (5) Involved in an emergency or going to or returning from a medical appointment without any detour or stop; (6) Engaged in, going to or returning from an official school or religious activity or otherwise engaged in an activity which would constitute an excused absence from the school from which the minor would normally attend, including, but not limited to lunch periods; (7) Possessing valid proof that the minor is a student with permission to leave the school campus; (8) Engaged in a bona fide alternative education or home schooling program. E. In addition to the defenses set forth in Subsection D above, it shall be a defense under Subsection C if the owner, operator, or employee of the establishment immediately upon discovery of a person reasonably believed to be in violation of this Section notified the Regional Office of Education, asked the person to leave their establishment and the minor refused to leave the establishment after being advised to do so by the owner, operator or employee. F. In lieu of or in addition to any monetary penalties imposed after conviction, those charged with violation of this Section may be referred to the Macon County Truancy Court, Macon County Teen Court or other similar program. 39. PENALTY. Any person, firm or corporation who shall violate any of the provisions of this Chapter shall, upon conviction, be fined a minimum of Two Hundred Fifty Dollars ($250.00) but not more than Five Hundred Dollars ($500.00) for each offense, and each day on which a violation occurs or continues shall be considered a separate offense.