(A) If a police officer reasonably believes that a juvenile or minor is obstructing a sidewalk or street in violation of this subchapter and before taking any enforcement action under this subchapter, the police officer shall notify the juvenile or minor that he or she is in violation of this subchapter and shall require the juvenile or minor to provide his or her name, age, address, telephone number, how to contact his or her parent or guardian and the juvenile’s or minor’s reason for obstructing the sidewalk or street.
(B) In determining the age of the juvenile or minor, in the absence of convincing evidence, a police officer shall use his or her best judgment in determining age.
(C) Every police officer while on duty is hereby authorized to detain any juvenile or minor violating this subchapter, but shall, immediately upon taking custody of the juvenile or minor, notify the parent of the juvenile or minor. The person so notified shall, as soon as reasonably possible thereafter, report to the Police Department for the purpose of taking custody of the juvenile or minor and shall sign a document indicating that the parent is taking custody of the juvenile or minor. If the parent cannot be notified or if no response is received from the parent in a reasonable period of time, the police officer shall take whatever action is deemed necessary in the best interest of the juvenile or minor.
(D) In lieu of issuing a citation or making an arrest of a juvenile or minor for violation of any provision of this subchapter, a police officer may contact a parent of the juvenile or minor and request that the parent either take the juvenile or minor home or make arrangements for a person over 18 years of age to take the juvenile or minor home.
(E) In the case of a violation by a juvenile or minor, the police officer shall, by certified mail or direct service, send or deliver to a parent written notice of the violation with a warning that any subsequent violation within one year of the date of the violation will result in full enforcement of this subchapter, including enforcement of parental responsibility and of applicable penalties.
(F) If it shall appear that any juvenile or minor taken into custody for a violation of this subchapter is growing up in mendicancy or vagrancy, or is incorrigible, for lack of a proper parental care or has no home, proper proceedings shall be taken by the Police Department to have the juvenile or minor placed in the care of a state institution as provided by law.
(Ord. 1317, passed 7-16-1996)