(A) Any use, occupancy or traffic over and upon the shoulder slope area on the north and south sides of the openings of the new culvert drain located on Oak Street in the city, immediately north of the old Ludlow Lagoon and on, inside and through the culvert pipes themselves, is deemed an act of public nuisance and trespass and is prohibited.
(B) The Chief of Police is authorized and instructed to erect suitable posting or no trespassings signs in the aforementioned area, under the supervision of the Street Committee, and to cause sufficient patrolling of the area in order to carry out the purpose of this section.
(C) City police officers are authorized and directed to take into custody any child found to be playing, loitering, occupying or otherwise trespassing upon the prohibited or posted area, described hereinabove, and to detain the child at the city police station until that time as the parent, guardian or other person having legal custody and control of the child shall arrive to claim the same.
(D) The parent, guardian or person having legal custody shall be notified of the child's detention as required by KRS 610.200 and summoned by the investigating officer to appear at police headquarters to assist in the completion of the investigation. If the parent, guardian or person having legal custody fails to appear within two hours from the time the child was taken into custody, the investigating officer shall follow the requirements set forth in KRS Ch. 610 and other applicable provisions of the Kentucky Unified Juvenile Code, regarding detention or release of the child.
(E) Unless the nature of the offense or other circumstances are such as to indicate the necessity of keeping the child in secure custody, the officer shall release the child to the custody of his or her parent, guardian, person having legal custody or other responsible adult.
(F) If the investigating or apprehending officer is satisfied that a violation of division (A) of this section has occurred, he or she shall cause formal charges to be filed requiring the child and his or her parent, guardian or person having legal custody to appear in the appropriate court to answer the charge of a violation of division (A) above.
(G) If formal charges are to be brought, before a child is released to the custody of a parent, guardian, person with legal custody or other responsible adult, the investigating officer shall obtain a written promise signed by the person that the person will bring the child to the court at the stated time or at such time as the court may order. The written promise, along with the written report of the investigating officer, shall be submitted to the court as required by KRS 610.200.
(H) Any child violating division (A) of this section shall be subject to the procedures and penalties provided for by the Kentucky Unified Juvenile Code. Any parent, guardian or person having legal custody of a child who violates any provision of division (A) of this section may be subject to the financial penalty provided for in KRS 610.180.
(`96 Code, § 130.01) (Ord. 1976-4-3, passed 5-12-1976) Penalty, see § 10.99