(A) Before taking any enforcement action under this subchapter, a police officer shall ask the apparent offender’s age and reason for being in a public place or establishment during curfew hours. The officer shall not issue a citation or make an arrest under this subchapter unless the officer reasonably believes that an offense has occurred and that no defense is present.
(B) Before taking any enforcement action against a parent or guardian under this subchapter, a police officer shall ask the apparent offender for the telephone number of or other means of making contact with the parent or guardian of the minor. The police officer may maintain the minor in his or her control until contact is made with the minor’s parent or guardian. The officer shall not issue a citation to or make in arrest of the minor’s parent or guardian unless the officer reasonably believes that the parent or guardian has committed an offense and that no defense exists based upon any contact with the parent or guardian and other circumstances then existing.
(C) Any juvenile who is taken into custody for violation of this subchapter shall be treated and held under and according to the requirements of the Tex. Family Code, § 52.028 as it presently reads or as hereafter amended or modified.
(Ord. 194, passed 6-11-1998; Ord. 267, passed 4-14-2005; Ord. 321, passed 3-10-2011; Ord. 367, passed 2-13-2014; Ord. 395, passed 4-13-2017)