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Abstract Motivated by the residual type neural networks (ResNet), this paper studies optimal control problems constrained by a non-smooth integral equation associated to a fractional differential equation. Such non-smooth equations, for instance, arise in the continuous representation of fractional deep neural networks (DNNs). Here the underlying non-differentiable function is the ReLU or max function. The control enters in a nonlinear and multiplicative manner and we additionally impose control constraints. Because of the presence of the non-differentiable mapping, the application of standard adjoint calculus is excluded. We derive strong stationary conditions by relying on the limited differentiability properties of the non-smooth map. While traditional approaches smoothen the non-differentiable function, no such smoothness is retained in our final strong stationarity system. Thus, this work also closes a gap which currently exists in continuous neural networks with ReLU type activation function.