§ 10-306. Enforcement and Penalties. 64
   (1)   Any police officer who finds a minor in prima facie violation of the provisions of subsection 10-303(1): 65
      (a)   Shall obtain information from such minor as to his or her name and address, age and the identity of the minor's parent, guardian or other custodian.
      (b)   Shall take any of the following actions which he or she believes necessary to best protect the interest of the minor and the community:
         (.1)   Transport the minor to his or her home forthwith; or
         (.2)   Transport the minor to such location as the Administration deems appropriate and immediately notify the parent, guardian or other custodian of the minor's whereabouts.  66
   (2)   The information taken from the minor pursuant to subsection 10-306(1)(a) shall be forwarded to the Juvenile Bureau which shall cause a written notice to be mailed to the parent, guardian or custodian advising of the violation and penalties of provision of subsection 10-303(1).
   (3)   Notwithstanding anything to the contrary in the Code, if a police officer determines that a minor is homeless, there shall be no penalty associated with the violation. 67
   (4)   Reserved.  68
   (5)   Upon violation of the provisions of subsection 10-303(2), any parent whose child under the age of eighteen (18) years is found liable or is adjudged guilty by a court of competent jurisdiction of a willful tortious act resulting in injury to the person, or theft, destruction or loss of property of another, shall be liable to the person who suffers the injury, theft, destruction or the loss to the extent set forth in Act of General Assembly No. 58, July 27, 1967, pertaining to Parent's Liability.
   (6)   Reserved.  69
   (7)   Reserved.  70
   (8)   Reserved.  71
   (9)   Reserved.  72
   (10)   Each violation of the provisions of this Chapter shall constitute a separate offense. 73
   (11)   Reporting.  74 Beginning January 1, 2023, the Police Department and Department of Human Services shall each provide a quarterly report to City Council on their implementation of this Chapter. The Police Department shall report the aggregate number of minors who violate curfew; their demographic information, including but not limited to age, race, and gender; the police district where the violation occurred; where the minor was taken; and if a parent or guardian was reached. The Department of Human Services shall report, for each community evening resource center, the aggregate number of minors served; their demographic information, including but not limited to age, race, and gender; and if the minor was brought in by police. If any category reported includes fewer than ten (10) minors, the department may so indicate if it determines that reporting the specific number of minors risks reidentifying one or more minors.
   The first report shall include the information set forth above for the time period of July 1, 2022 through December 31, 2022. Thereafter reports shall include information for the three months directly preceding the date the report is submitted to Council.

 

Notes

64
   Amended, 1977 Ordinances, p. 243; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; amended, Bill. No. 060441 (approved January 23, 2007).
65
   Repealed and new subsection added, 1980 Ordinances, p. 768.
66
   Amended, Bill No. 210503 (approved August 5, 2021).
67
   Amended, Bill No. 31 (approved February 7, 1997). The enrolled bill erroneously numbered this as subsection (3); renumbered by Code editor. Deleted, Bill No. 210503 (approved August 5, 2021); added, Bill No. 220654-A (approved December 14, 2022).
68
   Amended, 1980 Ordinances, p. 545; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; deleted, Bill No. 210503 (approved August 5, 2021).
69
   Amended, 1980 Ordinances, p. 545; amended, Bill No. 1163 (approved December 28, 1995), 1995 Ordinances, p. 1403; deleted, Bill No. 210503 (approved August 5, 2021).
70
   Added, Bill No. 1163 (approved December 28, 1995), 1995 Ordinances, p. 1403; amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012; amended, Bill No. 120774-A (approved January 14, 2013); deleted, Bill No. 210503 (approved August 5, 2021).
71
   Added, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; deleted, Bill No. 210503 (approved August 5, 2021).
72
   Added, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; deleted, Bill No. 210503 (approved August 5, 2021).
73
   Amended Bill No. 1163 (approved December 28, 1995), 1995 Ordinances, p. 1403. Enrolled bill erroneously numbered this as subsection (6); renumbered by Code editor.
74
   Added, Bill No. 220654-A (approved December 14, 2022).