El Cerrito Municipal Code Art. 4 Enforcement Guidelines

This chapter shall be enforced and administered pursuant to the provisions of California Welfare & Institutions Code Sections 625.5(c), 625.5(d), 626 and 626.5, subject to the following guidelines:

A. Police personnel shall not detain a youth based upon attire, race or gender.

B. Officers shall not take enforcement action under this chapter, unless the officer has probable cause to believe that no exemption applies.

C. Before taking any enforcement action, a police officer shall ask the apparent offender's age and reason for being in a public place, to assist the officer in determining if an exemption may apply, or to determine if the youth has a legitimate reason, based on extenuating circumstances, for violating this chapter.

D. Officers shall use appropriate discretion and take into account the totality of the circumstances.

(Ord. No. 2010-02, § II, 2-1-2010)