(A) Every member of the Police Department or other person enforcing or attempting to enforce the provisions of this Ordinance shall inquire into the minor’s reasons for being in a public place or on the premises of an establishment during curfew or truancy curfew hours prior to detention of the minor or issuance of a citation. A minor shall be detained or a citation shall be issued only if the police officer or other enforcing officer reasonably believes that the minor has violated the provisions of this Ordinance and that no defenses to prosecution apply.
(B) Every member of the Police Department while on duty, is hereby authorized to temporarily detain any minor violating the provisions of this Ordinance (regardless of whether a citation is immediately issued) until the parent, custodian or guardian of the minor shall take him or her into custody, but such officer shall immediately upon taking custody of the minor reasonably attempt to communicate with the parent, custodian or guardian of the minor unless subparagraph (E) herein is applicable. A parent, custodian or guardian must take custody of the minor within one (1) hour of the time notice or be subject to a charge of $25.00 per hour as hereinafter provided.
(C) Whenever a Police Officer or Truant Officer witnesses or has knowledge based on reasonable grounds of a violation of the Ordinance by any person, such person may be issued a citation. A citation or complaint may be made to a Police Officer or Truant Officer by any person.
(D) (1) A citation issued hereunder this shall be in writing and shall:
(a) state the name of the person being cited and the person’s address if known:
(b) set forth the specific section of this Ordinance that was violated, the date of the violation and a brief description of the violation;
(c) be signed by the issuing Police Officer, Truant Officer or complaining party.
(2) In each instance where a citation is issued to a minor for violation of this Ordinance a minor’s parent, custodian or guardian shall be provided a copy of the citation notifying the parent, custodian or guardian of the charge made against the minor.
(E) (1) A minor cited for a citation under this Ordinance must attend a court hearing or Truancy Review Board hearing on the citation and must be accompanied at the hearing by his or her parent, guardian, custodian or other adult person having the legal care and custody of the minor.
(2) If any such person fails to attend any court hearing with the minor, and unless the interest of justice would otherwise be served, the court may continue the hearing and shall issue a Notice or a Rule to Show Cause to the person directing that said person to appear at the continued hearing with the minor.
(3) Failure of the person to thereafter appear shall subject said person to sanctions for contempt of court as determined by the court.
(F) Every member of the Police Department while on duty is hereby authorized to temporarily detain any minor violating the provisions of § 131.03 of this Ordinance, regardless of whether a citation is issued, and to deliver and surrender the minor to the lawful authorities of the school that the minor would normally attend.
(Prior Code, Art. 12, § 12.20(5))