(A) Any city police officer, upon finding a minor in violation of § 131.02(A) of this chapter, shall determine the name, address and identity of the minor and the name, address and identity of the minor’s parent(s) or guardian(s). A warning notice shall be issued to the minor, who shall be ordered to go home by the most direct means and route. A copy of the notice shall be filed with the city’s Police Chief who shall send a letter to the parent(s) or guardian(s) of the minor advising that the minor was found in violation of this chapter, and soliciting cooperation in the future.
(B) Any city police officer, upon finding a minor in violation of § 131.02(A) of this chapter when the minor has once previously been warned as in division (A) above, shall record the name, address and identity of the minor and the minor’s parent(s) or guardians(s), and shall issue a citation to the minor for the violation of this chapter. The minor shall be ordered to go home by the most direct means and route. A copy of the citation shall be filed with the Chief of Police who shall send a letter to the parent(s) or guardian(s) of the minor found in violation of this chapter, the letter will address the requirement of parental control of the minor.
(C) Any city police officer, upon finding a minor in violation of § 131.02(A) of this chapter, when the minor has at least twice previously been found in violation and issued a warning and a citation as provided in divisions (A) and (B) above, shall record the name, address and identity of the minor and the minor’s parent(s) or guardian(s). The minor shall be ordered to go home by the most direct means and route and the officer shall file a complaint against the minor and the minor’s parent(s) or guardian(s) in Municipal Court for the violation. The Police Department shall file all necessary documentation and provide evidence required for prosecution of the minor/and or the parent(s) or guardian(s).
(D) If, after receiving a warning notice or letter as provided for under divisions (A) and (B) above, a person believes that the document was issued without justification, the person shall have ten days from the receipt of the document to present an appeal, in writing, to the city’s Chief of Police. The appeal shall state the facts and circumstances which the appellant believes make the issuance of the documentation in question unjustified. The Chief of Police or his or her designated representative shall respond, in writing, to the appellant not later than 20 days after receipt of the appeal, stating whether the issuance of the document or documents in question will be upheld or rescinded and stating the reasons for decision. All decisions shall be final with the ruling of the Chief of Police or his or her representative. If a document is ordered rescinded after issuance, the status of the minor and the parent(s) or guardian(s) in question thereafter shall be the same as if the document ordered rescinded had never been issued, and all city records shall be corrected accordingly.
(2012 Code, § 60-39)