A. Before taking any enforcement action under this section, a police officer shall attempt to ascertain the apparent offender’s age and reason for being in the place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based upon circumstances, the minor’s responses and minor’s conduct, no defense as provided in Section 10-3-3 is probably present.

B. In addition to any other powers he/she may have, any law enforcement officer who arrests a minor for violating any of the provisions of Section 10-3-2(A) or (B) is also hereby empowered to demand of the parent, guardian, or adult having supervisorial custody that such parent, guardian, or other adult come and take the minor into custody. The law enforcement officer is also empowered to take the minor to a designated location where arrangements can be made for a parent, guardian, an adult having supervisorial custody or other appropriate party to take the minor into custody. Should there be a failure of the parent, guardian or other person to take custody of such minor, the officer may then be empowered to take the minor home. [Prior code § 10-3-4.]