(A) If a police officer reasonably believes that a youth is in a public place in violation of the chapter the officer shall notify the youth that he or she is in violation of the chapter and shall require the youth 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 youth and in the absence of convincing evidence such as a birth certificate, a police officer shall, in the first instance of violation of the chapter, use his or her best judgment in determining age.
(B) The police officer shall issue the youth a written warning that the youth is in violation of the chapter and order the youth to go promptly home. The Chief of Police shall send the parent or guardian of the youth written notice of the violation by certified mail with a warning that any subsequent violation will result in full enforcement of the chapter, including enforcement or parental responsibility and of 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 youth under appropriate circumstances; for example, a youth of tender age, near home, whose identity and address may readily be ascertained or are known.
(D) (1) Notwithstanding the foregoing, the following procedure shall then be to take the youth to the police station where a parent or guardian shall immediately be notified to come for the youth whereupon the parent or guardian and the youth shall be questioned when:
(a) A youth has received one previous written warning for violation of this section; or
(b) A police officer has reasonable grounds to believe that the youth has engaged in delinquent conduct.
(2) 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 youth, and the appropriate information has been recorded, the youth shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the youth, then the youth shall be released to the youth authorities, except to the extent that in accordance with police regulations, approved in advance by youth authorities, the youth 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 youth pending the availability or arrival of a parent or guardian.
(F) For the first violation of the chapter by an operator of an establishment who permits a youth to remain on 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 the chapter, including enforcement of operator responsibility and of applicable penalties.
(Ord. passed 2-8-2012) Penalty, see § 134.99