(A) If a police officer reasonably believes that a juvenile is in a public place in violation of this chapter, the officer shall notify the juvenile that he or she is in violation of this chapter and shall require the juvenile to provide his or her name, address and telephone number, and how to contact his or her parent or guardian. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate, a police officer shall, in the first instance of violation of this chapter, use his or her best judgment in determining age.
(B) The police officer shall issue the juvenile a written warning that the juvenile is in violation of this chapter and order the juvenile to go promptly home. The Chief of Police shall send the parent or guardian of the juvenile written notice of the violation by certified mail with a warning that any subsequent violation will result in full enforcement of this chapter, including enforcement of parental responsibility and applicable penalties.
(C) Police procedures shall constantly be refined in the light of experience and may provide that the police officer may deliver to a parent or guardian thereof a juvenile under appropriate circumstances; for example, juvenile of tender age, near home, whose identity and address may readily be ascertained or are known.
(D) Notwithstanding the foregoing, when a juvenile has received one previous written warning for violation of this chapter, or a police officer has reasonable grounds to believe that the juvenile has engaged in delinquent conduct, the procedure shall then be to take the juvenile to the police station where a parent or guardian shall immediately be notified to come for the juvenile whereupon the parent or guardian and the juvenile shall be questioned. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility in the person designated there and then on duty for an accurate, effective, fair, impartial and uniform enforcement, and recording thus, making available experienced personnel and access to information and records.
(E) When a parent or guardian, immediately called, has come to take charge of the juvenile, and the appropriate information has been recorded, the juvenile shall be released to the custody of the parent or guardian. If the parent or guardian cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities, except to the extent that in accordance with police regulations, approved in advance by juvenile authorities, the juvenile may temporarily be entrusted to an adult, neighbor or other person who will on behalf of a parent or guardian assume the responsibility of caring for a juvenile pending the availability or arrival of a parent or guardian.
(F) For the first violation of this chapter by an operator of an establishment who permits a juvenile to remain in the premises, a police officer shall issue a written notice of the violation with a warning that any subsequent violation will result in full enforcement of this chapter, including enforcement of operator responsibility and of applicable penalties.
(Ord. 97, passed 8-8-2005) Penalty, see § 97.99