(A) If a police officer reasonably believes that a juvenile is in a public place in violation of this chapter, the officer shall notify the juvenile that he or she is in violation of this chapter and shall require the juvenile to provide his or her name, address and telephone number and how to contact his or her parent or guardian. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate, a police officer shall, in the first instance of violation of the ordinance, use his or her best judgment in determining age.
(B) The police officer shall issue the juvenile a written warning that the juvenile is in violation of the ordinance and order the juvenile to go promptly home. The Chief of Police shall send the parent or guardian of the juvenile written notice of the violation by first class mail with a warning that any subsequent violation will result in full enforcement of the ordinance, including enforcement of parental responsibility and of applicable penalties.
(C) Police procedures shall constantly be refined in the light of experience and may provide that the police officer may deliver to a parent or guardian thereof a juvenile under appropriate circumstances; for example, a juvenile of tender age, near home, whose identity and address may be readily ascertained or are known.
(D) Notwithstanding the foregoing, when: a juvenile has received one previous written warning for violation of this chapter; or a police officer has reasonable grounds to believe that the juvenile has engaged in delinquent conduct, the procedure shall then be to take the juvenile to the police station where a parent or guardian shall immediately be notified to come for the juvenile whereupon the parent or guardian and the juvenile shall be questioned. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility in the person designated there and then on duty for an accurate, effective, fair, impartial and uniform enforcement, and recording, thus, making available experienced personnel and access to information and records.
(E) For the first violation of the ordinance by an operator of an establishment who permits a juvenile to remain on the premises, a police officer shall issue a written notice of the violation with a warning that any subsequent violation may result in full enforcement of the chapter, including enforcement of operator responsibility and of applicable penalties.
(Ord. 2008-20, passed 12-9-2008)