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HomeMy WebLinkAbout2027 ORDINANCE NO. 2027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A PART 6 TO CHAPTER 9, ARTICLE II TO PROVIDE FOR THE RECOVERY OF CERTAIN NON-LAW ENFORCEMENT COSTS FOR THE DETENTION, PROCESSING AND SUPERVISION OF JUVENILE OFFENDERS WHEREAS, the City Council of the city of Arcadia desires to recover part of the non-law enforcement administrative costs associated with the detention, processing and supervision of juvenile offenders; and WHEREAS, said offenders require constant additional supervision and monitoring which supervision does not fall within the normal law enforcement responsibilities of the Arcadia Police Department but is an extra expense; and WHEREAS, the Arcadia Police Department and City Council have determined that the most equitable procedure is to require the parents or guardians of those juvenile offenders utilizing such additional police services to defray the City's expense of p~oviding those additional services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. That Sections 2960, 2961, 2962 and 2963 a~e hereby added to a new Part 6, Chapter 9, Article II of the Arcadia Municipal to read as follows: 1 PART 6 POLICE DEPARTMENT 2960. JUVENILE ADMINISTRATIVE COST RECOVERY (a) Responsibility for Costs Based on a finding of civil liability or criminal responsibility in any instance involving willful misconduct by a juvenile (under 18 years of age) including, but not limited to those described below, or the negligence of a juvenile's parent or guardian, when a juvenile, in accordance with the provisions of Welfare and Institutions Code section 602 is detained for a period in excess of one (1) hour, and said detention required the supervision of the juvenile offender by an Arcadia Police Department employee(s), then the parent(s) or legal guardian(s) having custody and control of the juvenile shall be liable for the cost of providing such police services over and above the services normally provided by the Department, and shall be required to reimburse the City as set out in civil Code section 1714.1. The city reserves its right to exercise any and all other rights to legal remedies. Acts of willful misconduct or parental negligence supporting such reimbursement or any act of willful misconduct of a minor which results in injury or death to another person or in any injury to the property of another; parental knowledge of prior misconduct, i. e., any misconduct of a minor based on repeated and specific violative behavior, such that the parent(s) or guardian(s) reasonably have knowledge of and the opportunity to correct the 2 2027 specific propensity on the part of the minor; subject to Penal Code Section 490.5, theft from merchant or library, i.e. any act of willful misconduct of a minor which constitutes petty theft of merchandise from a merchant or library materials or books from a library facility; parental permitted or negligent access to firearms, i.e. any misconduct of a minor based on repeated access to firearms or other deadly instruments, such that parent(s) or guardian(s) reasonably have knowledge of and the opportunity to remove access of the minor to the deadly instrument; contribution to the delinquency of a minor, i.e. any misconduct of a minor based on the parent(s) or guardian(s) contributing to the delinquency of the minor, including one who by act or omission encourages a minor to fail or refuse to conform to a lawful order of the juvenile court. 2961. ACCOUNTING AND BILLING. Whenever a juvenile is detained by the Arcadia Police Department for the commission of a public offense described in section 2960 above and the detention exceeds one (1) hour, the Finance Department shall be notified and provided with necessary documents to process for reimbursement. The amount of reimbursement shall include actual costs as well as direct and indirect overhead, including but not limited to Police Department supervisorial personnel, equipment and facility costs and so forth. 2962. ADMINISTRATIVE RULES AND REGULATIONS. The City may adopt administrative rules and regulations for the purpose of implementing the provisions of this Section. 3 2027 2963. Any failure of the person to make payment as set forth above, shall constitute a debt due to the city. SECTION 2. That the city Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 6th day of December , 1994. w~'~~rr? ayor 0 the C' 0 adia ATTEST: $"'~~~~ ci t~ ~~e~~c ~a I APPROVED AS TO FORM: ~ fl)h V City !::LrnL City of Arcadia 4 2027 , . STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2027 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the city Clerk at a regular meeting of said Council held on the 6th day of December , 1994 and that said Ordinance was adopted by the following vote, to wit: AYES: Counci1member Chang, Kuhn, Lojeski, Margett and Young NOES: None ABSENT: None of Arcadia ci 5 2027 J 137454