Every mem­ber of the Police Depart­ment while on duty is here­by autho­rized as follows:

(A) For the first offense of any minor vio­lat­ing the pro­vi­sions of this Code, to issue to the minor a cita­tion, in writ­ing, in the same form as described in para­graph (C) below.  For a sec­ond offense, the law enforce­ment offi­cer is autho­rized to tem­porar­i­ly detain any minor vio­lat­ing the pro­vi­sions of this Code (regard­less of whether a cita­tion is imme­di­ate­ly issued) until the par­ent, cus­to­di­an or guardian of the minor shall take him or her into cus­tody, but such offi­cer shall imme­di­ate­ly upon tak­ing cus­tody of the minor rea­son­ably attempt to com­mu­ni­cate with the par­ent, cus­to­di­an or guardian of the minor unless sub­para­graph (E) here­in is applic­a­ble.  A par­ent, cus­to­di­an or guardian must take cus­tody of the minor with­in one (1) hour of the time of notice or be sub­ject to a charge of Twen­­ty-Five Dol­lars ($25.00) per hour as here­inafter provided.

(B) When­ev­er a Police Offi­cer or Tru­ant Offi­cer wit­ness­es or has knowl­edge based on rea­son­able grounds of a vio­la­tion of this Code by any per­son, such per­son may be issued a cita­tion.  A cita­tion or com­plaint may be made to a Police Offi­cer or Tru­ant Offi­cer by any person.

(C) A cita­tion issued here­un­der this shall be in writ­ing and shall:

  1. state the name of the per­son being cit­ed and the person’s address if known;
  2. set forth the spe­cif­ic sec­tion of this Code that was vio­lat­ed, the date of the vio­la­tion and a brief descrip­tion of the violation;
  3. be signed by the issu­ing Police Offi­cer, Tru­ant Offi­cer or com­plain­ing party.

In each instance where a cita­tion is issued to a minor for vio­la­tion of this Code a minor’s par­ent, cus­to­di­an or guardian shall be pro­vid­ed a copy of the cita­tion noti­fy­ing the par­ent, cus­to­di­an or guardian of the charge made against the minor.

(D) A minor cit­ed for a cita­tion under this Code must attend a court hear­ing or Tru­an­cy Review Board hear­ing on the cita­tion and must be accom­pa­nied at the hear­ing by his or her par­ent, cus­to­di­an, guardian or oth­er adult per­son hav­ing the legal care and cus­tody of the minor.  If any such per­son fails to attend any court hear­ing with the minor, and unless the inter­est of jus­tice would oth­er­wise be served, the court may con­tin­ue the hear­ing and shall issue a Notice or a Rule to Show Cause to the per­son direct­ing that said per­son to appear at the con­tin­ued hear­ing with the minor.  Fail­ure of the per­son to there­after appear shall sub­ject said per­son to sanc­tions for con­tempt of court as deter­mined by the court.

(E) Every mem­ber of the Police Depart­ment while on duty is here­by autho­rized to tem­porar­i­ly detain any minor vio­lat­ing the pro­vi­sions of Sec­tion 26–4‑3 of this Code, regard­less of whether a cita­tion is issued, and to deliv­er and sur­ren­der the minor to the law­ful author­i­ties of the school that the minor would nor­mal­ly attend.