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HomeMy WebLinkAbout2046 ORDINANCE NO. 2046 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING PART 5 OF CHAPTER 2, ARTICLE IV, ADDING A SUBSECTION (A) TO SECTION 1200 AND ADDING SECTIONS 4251 AND 4252 TO THE ARCADIA MUNICIPAL CODE REGARDING CITATIONS ISSUED TO JUVENILES DAYTIME LOITERING BY MINORS AND RELATED COST RECOVERY BY THE CITY SECTION I. That the Arcadia Municipal Code is hereby amended by adding a subsection (a) to Section 1200 to read as follows: (a) INFRACTIONS REGARDING MINORS: Pursuant to the authority of Arcadia City Charter Section 150 I, notwithstanding any other provision of this Code, when a person under the age of eighteen (18) years is charged with a violation of this Code, and a peace officer issues a notice to appear in Superior Court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 60 I or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the court. SECTION 2. That Part 5, Chapter 2, of Article IV of the Arcadia Municipal Code is hereby amended to read as follows: PART 5. MINORS: CURFEW - DAYTIME LOITERING SECTION 3. That the Arcadia Municipal Code is hereby amended by adding Sections 4251 and 4252 to read as follows: Section 4251. DAYTIME LOITERING BY MINORS. It is unlawful for any minor under the age of eighteen (18) years, who is subject to compulsory education or to compulsory continuation education to loiter, idle, wander, or be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place during the hours of 8:30 a.m. and 1 :30 p.m. on days when school is in session. This section does not apply: a. When the minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor; or b. When the minor is on an emergency errand directed by his or her parent or guardian or other adult person having care or custody of the minor; or c. When the minor is going or coming directly from or to their place of gainful employment or to or from a medical appointment; or d. When students have permission to leave school campus for lunch or school related activity and have in their possession a valid, school issued, off-campus permit. Subject to Arcadia Municipal Code Section 1200(a) according discretion to deem violation of this Section as an infraction, each violation of the provisions of this Section shall constitute a separate offense and shall be a misdemeanor. 2 2046 Section 4252. MINOR CURFEW. LOITERING OR WILFUL MISCONDUCT - COST RECOVERY. A. Determination by Court. When, based on a finding of civil liability or criminal conviction for violations of curfew, daytime loitering (truancy) or wilful misconduct in violation of Welfare and Institutions Code Section 602, a minor under eighteen (18) years of age is detained for a period of time in excess of one (I) hour, and said detention required the supervision of the juvenile offender by Arcadia Police Department employee(s), the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing such personnel over and above the services normally provided by said Department. B. Determination by Chief of Police. As determined by the Chief of Police or his designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act or wilful misconduct in violation of Welfare and Institutions Code Section 602 where police personnel provide services relating to the detention, processing or supervision of minors that are over and above the normal services usually provided by the Arcadia Police Department, may be assessed, and billed for, the cost of providing such personnel for such services beyond those normally provided by said Department. C. Appeal. Any person receiving a bill for police services pursuant to this Section may, within fifteen (15) days after the billing date, file a written request appealing the imposition of said charges. Any billing sent pursuant to this Section shall inform the billed 3 2046 party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the City Manager or his designee, as the hearing officer. Within ten (10) days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the City shall be paid within thirty (30) days after notice of the decision of the hearing officer. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions ofthis Ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5. That the City Clerk shall certify to the adoption ofthis Ordinance and shall cause a copy of the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. 4 2046 Passed, approved and adopted this 2nd day of April ,1996. ATTEST: ,J) APPROVED AS TO FORM: ~~ 7f Jrl~ Michael H. Miller City Attorney 5 , 2046 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. 2046 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 2nd day of April, 1996 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chang, Kuhn, Ulrich, Young and Lojeski NOES: None ABSENT: None ,J) ~ Ci of Arcadia -6- 2046