§ 39-264. Enforcement, procedures and reporting.

(a)

Before taking any enforcement action under this section, a law enforcement officer shall have the discretionary authority to make inquiry of the apparent offender's age and reason for being in the public place, for the purposes of determining probable cause and whether any defense applies. A law enforcement officer shall have all discretion provided by state or federal law to determine whether to do any of the following:

(1)

Issue a verbal warning and release the minor;

(2)

Release the minor to a parent, guardian, legal custodian of the minor or other suitable person able to provide supervision and care for the minor and issue verbal counsel and warning as may be appropriate;

(3)

Transport the minor to the curfew center; or

(4)

Take such other discretionary, lawful action which will in the judgment of the law enforcement officer protect the best interests of the minor.

(b)

When a minor has been transported to the curfew center, reasonable attempts shall be made to notify the minor's parent or legal guardian as soon as possible to report to the curfew center to pick up the minor. At the curfew center, a law enforcement officer will make a reasonable attempt to do one (1) or more of the following within three (3) hours of the minor's detention at the curfew center:

(1)

Issue a verbal warning and release the minor;

(2)

Release the minor to a parent, guardian, legal custodian of the minor or other suitable person able to provide supervision and care for the minor and issue verbal counsel and warning as may be appropriate;

(3)

Refer and transport the minor to the Strickland Youth Center;

(4)

File an appropriate petition in juvenile court for violation of this article;

(5)

File an appropriate request with the state department of human resources to conduct an investigation; or

(6)

Take such other discretionary, lawful action which will in the judgment of the law enforcement officer protect the best interests of the minor.

(c)

Enforcement of this article against a minor shall be made by petition filed in juvenile court. Enforcement of this article against a parent, guardian or against an owner, operator or employee of a business establishment shall be by issuing a uniform nontraffic citation and complaint ("UNTCC") enforceable in municipal court. When more than one (1) minor under the control of the same parent or guardian is found in violation of the provisions of this section in the same act or incident, that parent or custodian shall be issued no more than one (1) citation for that particular occurrence.

(d)

This section shall not be interpreted in a manner which would affect or diminish the immunity or discretionary authority, conferred by the state and federal law on law enforcement officers and cities.

(Ord. No. 39-045-2011, § IV, 10-4-11)