Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place or premises of any commercial establishment. The officer shall not issue a warning, issue a citation or make an arrest under this section unless the police officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 130.03 above is present.
(A) Any police officer, upon finding a minor in violation of § 130.02 above, shall determine the name and address of the minor, the name and address of his or her parent(s) or guardian(s) and the name of the school in which the minor is enrolled, if the violation of this chapter occurs between 9:00 a.m. to 3:00 p.m. on any Monday, Tuesday, Wednesday, Thursday or Friday on days that schools are in session. A warning notice shall be issued to the minor, who shall be ordered to go home by the most direct route unless the minor has violated the 9:00 a.m. to 3:00 p.m. curfew on any Monday, Tuesday, Wednesday, Thursday or Friday on days that the school in which the minor is enrolled is in session. If a minor has violated the 9:00 a.m. to 3:00 p.m. curfew on any Monday, Tuesday, Wednesday, Thursday or Friday on days that the school in which the minor is enrolled is in session, the police officer, in addition to issuance of a warning, shall turn the minor over to the school's truant officer. A copy of the notice shall be forwarded to the Juvenile Services Officer of the Pleasanton Police Department, who shall send a letter to the parent(s) or guardian(s) of the minor advising of the fact that the minor was found in violation of this chapter, and soliciting cooperation in the future, advising those parent(s) or guardian(s) of the city's expectation and requirement for parental control.
(B) Any police officer, upon finding a minor in violation of § 130.02 above, who has previously been found in violation and issued a warning as provided for in division (A) above, shall issue a citation and transfer the case to proper authorities for handling under the provisions of Tex. Family Code, Title 3. In addition, a complaint will be filed against the parent(s) or guardian(s) in Municipal Court for violation of § 130.02(B) above. The Police Department shall file all necessary legal papers, supply all necessary documentation and provide necessary testimony as required for pursuing violation of this chapter by either the minor or by any parent or guardian. If a minor has violated the 9:00 a.m. to 3:00 p.m. curfew on any Monday, Tuesday, Wednesday, Thursday or Friday on days that the school in which the minor is enrolled is in session, the police officer, in addition to issuance of a citation, shall turn the minor over to the school's truant officer.
(C) Any police officer, upon finding an operator, owner or employee of any commercial establishment in violation of this chapter shall determine the name and address of the operator, owner or employee. A warning notice shall be issued for the first violation.
(D) Any police officer, upon finding an owner, operator or employee of any commercial establishment in violation of § 130.02 (C) above, who has previously been found in violation and issued a warning as provided for in division (C) above, above shall issue a citation for violation of this city ordinance and shall file a complaint in City of Pleasanton's Municipal Court.
(Ord. 1226, passed 3-21-2002; Ord. 1324, passed 10-4-2007; Ord. 11-1029, passed 3-17-2011)