§ 130.19. POLICE PROCEDURE.

(A)

A Kirby police officer, upon finding or having his or her attention called to any minor in or on a public place or in or on the premises of a business establishment in prima facie violation of this article, may, if there exists reasonable grounds to believe that the minor has engaged in delinquent conduct or conduct indicating a need for supervision in accordance with Section 51.03 and 52.01 of the Texas Family Code, take the minor into custody. A parent shall be immediately notified to pick up the minor upon his or her arrival to the Kirby Police Department. A police officer taking a minor into custody shall also have discretion to deliver such minor to a parent under circumstances deemed appropriate by the officer.

(B)

Upon picking up a minor in custody, said parent shall be interrogated about the circumstances of such activity of the minor. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility for accurate, effective, fair, and impartial and uniform enforcement and recording, thus making available experienced supervisory personnel, the best of facilities, and, if required, referral to social agencies equipped to handle family problems that may be disclosed by investigation. In the absence of convincing identification, a police officer on the street may use his or her best judgment in determining age. Police procedures shall be constantly refined in the light of experience, and changes herein may be made on the basis of such experience.

(C)

In any event, a police officer shall within 24 hours file a written report on the minor incident or shall participate to the extent possible in the preparation and filing of such report by his supervisor.

(D)

When a parent has come to take charge of a minor and the appropriate information has been received, the minor shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the minor, then the minor shall be released to any adult blood relative. However, the police department shall have the discretion to refuse to turn the child over to persons other than the natural parents or legal guardians, if circumstances warrant such refusal in their opinion.

(E)

In the case of a violation of a minor not resulting in custody at the Kirby Police Department, the police department shall by certified mail notify the minor's parents of the violation of the minor and include a warning that subsequent violations will result in full enforcement of this article, including the enforcement of parental responsibility by criminal action.

(F)

A Kirby police officer taking into custody a person younger than 17 years of age for violation of the curfew herein set, shall, without necessary delay:

(1)

Release the person to the person's parent, guardian or custodian;

(2)

Take the person before a justice or municipal court to answer the charge; or

(3)

Take the person to a place designated as a juvenile curfew processing office by the Kirby Chief of Police.

( Ord. No. O-2017-817 , § I, 7-13-2017)