§ 48-4. Violations and penalties.

A. 

If a law enforcement officer reasonably believes that a minor is in a public place or on the premises of an establishment in violation of this chapter, the officer shall:

(1) 

Notify the minor that the minor is in violation of the Town's Juvenile Curfew Ordinance;

(2) 

Require the minor to tell the officer the minor's name, address, telephone, number, and where to contact the minor's parent or guardian;

(3) 

Issue the minor a written warning that the minor is in violation of the Juvenile Curfew Ordinance; and

(4) 

Order the minor to promptly go home.

B. 

The chief of the local law enforcement agency shall send written notice of the violation of the Juvenile Curfew Ordinance to the minor's parent or guardian.

C. 

The local law enforcement agency may take the minor:

(1) 

To the minor's home, if appropriate; or

(2) 

Into custody and transport the minor to a local law enforcement station or designated curfew center when:

(a) 

The minor has received one previous written warning for a violation of the Juvenile Curfew Ordinance;

(b) 

The local law enforcement officer has reasonable grounds to believe that the minor has committed a delinquent act; or

(c) 

Taking the minor into custody is authorized under the Maryland Code Annotated Courts and Judicial Proceedings Article, § 3-814.

D. 

When a minor is taken into custody for a violation of this chapter, the law enforcement officer shall:

(1) 

Immediately notify the parent or guardian of the minor to come to the local law enforcement station to take custody of the minor; and

(2) 

Determine whether, consistent with constitutional safeguards, the minor or the parent or guardian, or both, are in violation of this chapter.

E. 

When a parent or guardian arrives at the local law enforcement station as a result of Subsection D of this section, and the appropriate information is recorded, the minor shall be released to the custody of the parent or guardian.

F. 

If the minor is taken into custody and the parent or guardian cannot be located or fails to take charge of the minor, then the minor shall be released to the local department of social services, the department of juvenile justice, or to another adult who will, on behalf to the parent or guardian, assume the responsibility of caring for the minor pending the availability or arrival of the parent or guardian.

G. 

A person who violates this chapter (including a minor, parent or guardian of a minor, and/or an owner, operator or employee of an establishment) shall be deemed to have committed a municipal infraction, and in accordance with § 1-10 of the Federalsburg Town Code, shall be punishable by a fine in the amount of $100 for the first offense and in such amounts established by § 1-10 for each subsequent offense. Each violation shall constitute a separate offense.