Miami - Dade County |
Code of Ordinances |
Chapter 21. OFFENSES AND MISCELLANEOUS PROVISIONS |
Article XIII. JUVENILE CURFEW PROGRAM |
§ 21-210. Penalty or remedy for violations.
(a)
Any parent, legal guardian or other adult person at least twenty-one (21) years of age having the legal care, custody or control of a juvenile, or operator, owner or any employee managing or conducting any establishment who shall violate the provisions of this article shall receive a written warning on a form to be established by the Miami-Dade Police Department. The third and any subsequent violation of Section 21-207 or Section 21-208 shall result in the issuance of a notice to appear and shall be punished by a fine not to exceed five hundred dollars ($500.00).
(b)
Any juvenile violating the provision of Section 21-204 shall be taken into custody and transported immediately to the police station, substation, or other appropriate holding facility in accordance with Chapter 39, Florida Statutes, or to the juvenile's home. Miami-Dade County and the municipalities may enter into the contracts with the community based organizations, including churches, to operate such holding facilities. After recording pertinent information about the juvenile, the law enforcement agency or holding facility shall, in the event the juvenile is not taken immediately to his or her home, attempt to contact the parent or legal guardian of the juvenile and, if successful, shall request the parent or legal guardian to immediately come to the facility where the juvenile is being held, and upon presenting documents identifying the juvenile and the parent or legal guardian shall release the juvenile to the parent or legal guardian. If after two (2) hours of reaching the holding facility the law enforcement agency or holding facility is unsuccessful in contacting the parent or legal guardian, or if the parent or legal guardian fails or refuses to come to obtain custody of the juvenile, the law enforcement agency or holding facility shall transport the juvenile to his or her current residence. The procedures established for the first violation shall be repeated for the second and any subsequent violation except that commencing with the third and any subsequent violation, a juvenile civil citation may be issued in accordance with the provisions of Section 985.301, Florida Statutes.
(c)
When a juvenile is taken into custody as provided in this section the law enforcement agency taking the juvenile into custody shall attempt to telephone a role model from a list supplied by the Miami-Dade County School Board Role Model Program to inform that role model of the name, address and telephone number of the juvenile. A copy of the citation or notice to appear shall be mailed to the role model.
(Ord. No. 94-1, § 10, 1-18-94; Ord. No. 94-39, § 1, 3-17-94; Ord. No. 94-61, § 1, 4-19-94; Ord. No. 95-208, § 10, 11-21-95; Ord. No. 96-1, § 1, 1-9-96; Ord. No. 07-02, § 1, 1-25-07)