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