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(A) Minors. Before taking any enforcement action hereunder, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or establishment within the city during curfew hours is in violation of this chapter.
(1) If such investigation reveals that the presence of such minor is in violation of this chapter, then:
(a) If the minor has not previously been issued a warning for any such violation, then the officer shall issue a verbal warning to the minor, which shall be followed by a written warning mailed by the Police Department to the minor and his or her parent(s); or
(b) If the minor has previously been issued a warning for any such violation, then the violation shall be considered a delinquent act as defined by I.C. 31-37-1-2.
(2) As soon as practicable, the officer shall:
(a) Release the minor to his or her parent(s); or
(b) Place the minor in a temporary care facility for a period not to exceed the remainder of the curfew hours, so that his or her parent(s) may retrieve the minor; or
(c) If a minor refuses to give an officer his or her name and address, refuses to give the name and address of his or her parent(s), or if no parent can be located prior to the end of the applicable curfew hours, or if located, no parent appears to accept custody of the minor, the minor may be taken to a non-secure crisis center or juvenile shelter and/or may be taken to a judge or intake officer of the juvenile court to be dealt with in the manner and pursuant to such procedures as required by law.
(B) Others. If an investigation by an officer reveals that a person has violated this chapter, and if the person has not previously been issued a warning with respect to any such violation, an officer shall issue a verbal warning to the person, which shall be followed by a written warning mailed by the Police Department to the person; however, if any such warning has previously been issued to that person then the officer shall charge the person with a violation and shall issue a summons directing the person to appear in court.
(Ord. 2000-665, passed 10-17-2000) Penalty, see § 133.99