Every member of the Police Department while on duty is hereby authorized as follows:
(A) For the first offense of any minor violating the provisions of this chapter, to issue to the minor a citation, in writing, in the same form as described in division (C) below. For a second offense, the law enforcement officer is authorized to temporarily detain any minor violating the provisions of this chapter (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 division (E) below is applicable. A parent, custodian or guardian must take custody of the minor within one hour of the time of notice or be subject to a charge of $25 per hour as hereinafter provided.
(B) Whenever a police officer or truant officer witnesses or has knowledge based on reasonable grounds of a violation of this code 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.
(C) (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 chapter that was violated, the date of the violation and a brief description of the violation; and
(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 chapter, 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.
(D) A minor cited for a citation under this chapter 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, custodian, guardian or other adult person having the legal care and custody of the minor. 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. Failure of the person to thereafter appear shall subject said person to sanctions for contempt of court as determined by the court.
(E) Every member of the Police Department while on duty is hereby authorized to temporarily detain any minor violating the provisions of § 136.03, 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.
(2009 Code, § 27-8-5)