(A) A police officer upon finding or being notified of any minor in or upon a public place whose parent is believed to be in violation of this subchapter may stop and question such minor and request such information as his or her name and age and the name and address of his or her parent, guardian or person having legal custody.
(B) If the police officer determines or has reasonable cause to believe that a curfew violation has occurred, police officer may obtain from the minor the information necessary to issue a citation to the minor's parent, guardian or person having legal custody and then shall:
(1) Take the minor to his or her home; or
(2) Direct the minor to proceed immediately to his or her home; or
(3) Take the minor into custody as provided for by law.
(C) If a police officer takes or receives a minor into custody for violation of this subchapter, a child may be held at the police station or other appropriate facility as provided for in KRS 610.220. The parent, guardian, or person having legal custody shall be notified of the minor's detention as required by KRS 610.200 and summoned by the investigating officer to appear at the police station to assist in the completion of the investigation. If the parent, guardian, or person having legal custody fails to appear within two (2) hours from the time the minor was taken into custody, the investigating officer shall follow the requirements set forth in KRS Chapter 610 and other applicable provisions of the state unified juvenile code, regarding detention or release of the minor.
(D) Unless the nature of the defense of 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 the parent, guardian, person having legal custody or other responsible adult.
(E) That the investigating or apprehending police officer is satisfied that a violation of this subchapter has occurred, he or she shall cause the complaint to be filed pursuant to the state unified juvenile code. If a formal complaint is to be brought, before the child is released to the custody of a parent, guardian, person with legal custody, or other responsible adult, then investigating officer shall obtain a written promise, signed by such person that the person will bring the child to court at the stated time or 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.
(Ord. 0-96-006, passed 9-23-96)