Sec. 15-14. Enforcement and penalty.


(a) If a police officer reasonably believes that a juvenile is in a public place in violation of section 15-10, the officer shall notify the juvenile that he/she is in violation of section 15-10 and shall require the juvenile to provide his/her name, address and telephone number and how to contact his/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 section 15-10, use his/her best judgment in determining age.
(b) The police officer shall issue the juvenile a written warning that the juvenile is in violation of section 15-10 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 pursuant to section 15-14.
(c) Police procedure 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 readily be ascertained or are known.
(d) Notwithstanding subsection (b) of this section, when: (i) a juvenile has received one previous written warning for violation of section 15-10; or (ii) 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 accurate, effective, fair, impartial and uniform enforcement, and recording, thus, making available experienced personnel and access to information and records.
(e) When a parent or guardian, immediately called, has come to take charge of the juvenile, and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities, except to the extent that in accordance with police regulations, approved in advance by juvenile authorities, the juvenile may temporarily be entrusted to an adult, neighbor or other person who will on behalf of a parent or guardian assume the responsibility of caring for the juvenile pending the availability or arrival of a parent or guardian.
(f) In the case of a first violation of section 15-10 by a juvenile, the chief of police shall by certified mail send to a parent or guardian written notice of the violation with a warning that any subsequent violation will result in full enforcement of sections 15-10 through 15-15 including enforcement of parental responsibility and of applicable penalties.
(g) For the first violation of section 15-13 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 will result in full enforcement of sections 15-10 through 15-15 including enforcement of operator responsibility and of applicable penalties.
(h) In the event the police officer shall, within twenty-four (24) hours, file a written report with the chief of police or shall participate to the extent of the information for which he/she is responsible in the preparation of a report on the curfew violation. It is not the intention of this section to require extensive reports that will prevent police officers from performing their primary police duties. The reports shall be as simple as is reasonably possible and may be completed by police departmental personnel other than sworn police officers. (Ord. No. G-78-15, § 1, 6-15-78; Ord. No. G-95-22, § 1, 6-15-95)