Sec. 603.301. - Procedures.

(a) The Sheriff is authorized to stop persons whom he or she reasonably suspects is in violation of the curfew provisions of this Chapter and may detain such persons as long as is reasonably necessary to determine whether they are in violation of this Chapter. (b) The Sheriff, upon finding a child suspected to be in violation of this Chapter shall allow the child opportunity to explain why he or she is not in violation of the ordinance. If a child is in violation of the ordinance, the Sheriff shall ascertain the name and address of the child, warn the child that he or she is in violation of the City curfew, and if there is any doubt about the will or capacity of the child to return safely to the child's home or usual place of abode, the Sheriff may take the child immediately to the child's home or usual place of abode, or the Sheriff may contact the child's parent or legal guardian and allow the child's parent or legal guardian to take physical custody of the child. If there is no parent, legal guardian, or other person having lawful custody and control over the child at the child's home or usual place of abode, or if the Sheriff is unable to make contact with the parent or legal custodian of the child within a reasonable time in order to deliver said child to his or her parent or legal guardian, or if the parent or legal guardian refuses to take custody of the child, the Sheriff may take the child into protective custody and to a facility capable of housing curfew violators. The Sheriff shall notify the parent, legal guardian, or other person having lawful custody and control over the child; and shall maintain a record of all such violations. When the Sheriff reasonably believes that any State law concerning child care has been violated the Sheriff shall notify the State Department of Children and Family Services. (c) In the event the Sheriff takes the child to a facility capable of housing curfew violators, the Sheriff, or such other person as is appropriate, shall, as soon as practical, attempt to notify the parents or guardians of the child. (Ord. 2006-889-E, § 2)