Chapter 15 OFFENSES--MISCELLANEOUS*
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)
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