(A) Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 130.03 is present.
(B) Notwithstanding division (A) above, a police officer, upon finding a minor in violation of § 130.02(A), may take the minor into custody and deliver the minor to a holding location if:
(1) Reasonable grounds exist to believe the minor has engaged in delinquent conduct or conduct indicating a need for supervision in accordance with Tex. Family Code §§ 51.03 and 52.01; and/or
(2) When a minor is taken into custody under this section, the Police Department shall immediately notify a parent to pick up the minor at the holding location. After a parent arrives at a holding location and provides the information required by the Chief of Police to file an incident report, the minor shall be released into the custody of the parent. If a parent cannot be located or fails to take charge of the minor, the minor shall be released to the juvenile authorities.
(C) If a minor is not taken into custody for a violation of § 130.02(A), the Police Department shall by certified mail, return receipt requested, notify a parent of the minor that the minor has violated § 130.02(A) and include a warning that any subsequent violation may result in prosecution of the minor and the parent under this section. If the minor was found in violation of § 130.02(A) at an establishment, the Police Department shall by certified mail, return receipt requested, notify the owner, operator or employee if the establishment of the violation and include a warning that any subsequent violation may result in prosecution if the owner, operator and employee under this section.
(D) A police officer shall, within 24 hours after finding a minor in violation of § 130.02(A), file a written report on the incident or assist to the extent possible in the preparation and filing of the report by a supervisor.
(Ord. 2008-006, passed 8-19-2008; Ord. 2013-002, passed 5-21-2013)