(A) Before taking any enforcement action under this section, a law enforcement officer shall attempt to ascertain the apparent offender’s age and reason for being in the place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based upon the circumstances, the minor’s responses, and minor’s conduct, no defense as provided in § 133.03 is probably present.
(B) In addition to any other powers he or she may have, any law enforcement officer who arrests a minor for violating any of the provisions of § 133.02(A) or (B) is also hereby empowered to demand of the parent, guardian, or other person having the care, custody, or supervision of the minor that such parent, guardian, or other person come and take the minor into custody. The law enforcement officer is also empowered to take the minor to a designated location where arrangements can be made for a parent, guardian, or other appropriate party to take the minor into custody. Should there be a failure of the parent, guardian, or other person to take custody of such minor, the officer may then be empowered to take the minor home.
(Prior Code, § 11-1-10) (Ord. 98-04, passed 4-13-1998; Ord. 13-02, passed 1-28-2013)