The following procedures shall be used with city police encounter a suspected juvenile at late hours defined herein:
(A) The police officer shall ask the suspected juvenile for his or her name, address, home telephone number, and identification. If the police officer determines or has reasonable cause to believe that a curfew violation has occurred, the police officer may obtain from the minor the information necessary to issue a warning notice to the minor's parent, guardian or person having legal custody, and then take the minor to his or her home or direct the minor to proceed immediately to his or her home, or take the minor to the Flemingsburg Police Department until released to the parent, guardian or person having legal custody. If the parent, guardian or person having legal custody does not appear within two (2) hours from the time the minor is taken into custody, the police shall follow the requirements set forth in KRS Chapter 610 and other applicable provisions of the Kentucky Unified Juvenile Code.
(B) The police officer would complete a Field Interview Report, to be filed with the Police Chief during the police officer’s tour of duty, containing the information obtained from persons who are confirmed to be juveniles.
(C) The Police Chief or his/her designee will, within forty- eight (48) hours after the Field Interview Report is filed (or three (3) business days if the incident occurs on a weekend or holiday), send a first incident letter to the parent or guardian of persons identified in the Field Interview Report advising of the police contact with the child.
(D) Upon a third Field Interview Report being filed with the Police Chief, a member of the Police Department shall sign a complaint in the Fleming District Court charging the parent or guardian under KRS 530.070 for unlawful transaction with a minor and charging the juvenile with criminal trespass in the third degree under KRS 511.080.
(E) Each incident letter shall be mailed postage prepaid, certified return receipt requested, or a member of the Police Department shall deliver the letters personally or make a return. The certified mail receipts or the personal delivery return shall be attached to the respective Field Interview Report.
(F) The Police Chief or his/her designee shall appoint a supervising officer of the Police Department to coordinate the juvenile contact policy established under this chapter. The appointed officer shall be responsible for maintaining all reports, letters, complaints, and other records pertaining to juveniles contacted under this policy.
(Ord. 4-08-3, passed 4-29-08; Am. Ord. 2-17-1, passed 2-13-17)