§ 54-234. Enforcement.

(a)

A law enforcement officer is authorized to stop persons whom the officer reasonably suspects are in violation of the curfew provisions of this chapter and may detain such persons as long as it is reasonably necessary to determine whether they are in violation of this chapter.

(b)

Before taking any enforcement action under this section, the officer shall ask the minor and any person with the minor who claims to be a parent, guardian, or supervising adult, the minor's age and reason for being in the public place. The officer shall not issue a citation under this section unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no defense set forth in section 54-233 is present.

(c)

If a minor is in violation of section 54-232, the law enforcement officer may:

(1)

Ascertain the name and address of the minor; and

(2)

Issue a written warning to the minor that he or she is in violation of the city curfew; and

(3)

Order the minor to leave the restricted area for the remainder of the restricted hours; or

(4)

Take the minor immediately to the minor's home or usual place of abode or the law enforcement officer may contact the minor's parent or guardian and allow the minor's parent or guardian to take physical custody of the minor.

(d)

The law enforcement officer may take the minor into protective custody if:

(1)

The law enforcement officer has reasonable grounds to believe that the minor has been abandoned or neglected, or is in immediate danger from his surroundings and that this removal is necessary for his own protection, or

(2)

There is no parent, guardian, or other person having lawful custody and control over the minor at the minor's home or usual place of abode, or

(3)

The law enforcement officer is unable to make contact with the parent or guardian of the minor within a reasonable time in order to deliver the minor to his or her parent or guardian, or

(4)

The parent or guardian refuses to take custody of the minor.

(e)

The law enforcement officer shall notify the parent or guardian and shall maintain a record of all violations of the curfew.

(f)

When a minor is taken into custody under subsection (d) of this section by a law enforcement officer, he shall deliver the minor to a holding location or other facility as provided for by F.S. ch. 39.

(Ord. No. 4073-07, § 1, 7-30-2007)