(A) When a minor is found to be in violation of this chapter, a police officer will complete an Incident Report using the reference - Child Safety Ordinance. The officer immediately will take the juvenile to the residence of his or her custodian. If the juvenile is found to be a first offender, a written warning will be issued to the custodian and an indication will be noted on the miscellaneous incident report that such a warning has been issued. The report shall include the name of the juvenile and the custodian, the time, date and location of the offense. The incident report will be turned into the Police Department with the officer’s daily paperwork. The report will be entered into the computer system in the same manner as all other miscellaneous incident reports.
(B) If the juvenile is found to be a repeat offender, he or she will be taken to the residence of his or her custodian and the custodian may be issued an ordinance violation charging him or her with a violation of this chapter. The officer may use his or her discretion in whether to issue a citation or written warning on this second offense, depending on the apparent commitment of the custodian to prevent any further violation, time between the first and second offense, or other mitigating factors determined to be present by the investigating officer. Officer discretion may also be used by the investigating officer to determine whether repeat offenders should be treated as a delinquent juvenile. An incident report will be completed as outlined in division (A) above.
(C) If the juvenile is found to be in violation of this chapter three or more times, the same procedures for reporting and transporting the juvenile as outlined in division (B) above will be followed, except the custodian must be issued a criminal citation for a violation of this chapter. An incident report will be completed as outlined in division (A) above.
(D) In cases where the investigating officer determines a criminal citation should be issued according to this chapter, the officer shall verify the existence of past offenses and should reference the OCA number on the new miscellaneous incident report completed for the offense in which the citation is being issued. If possible, the officer will attach a copy of the miscellaneous incident report for the previous offenses.
(E) A list will be made available of all juveniles who have been recorded as being in violation of this chapter.
(F) If the minor is 12 years of age or younger, regardless of the number of past offenses, a report will be made and a copy forwarded to the County Department of Social Services. This report should be completed after the procedures outlined in divisions (A), (B) and (C) above have been followed.
(G) The names of juveniles shall not be released or made public.
(Ord. 2008-05, passed 3-18-2008) Penalty, see § 132.99