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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.
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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
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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.
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Passed, approved and adopted this 2nd day of April
,1996.
ATTEST:
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APPROVED AS TO FORM:
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Michael H. Miller
City Attorney
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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
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of Arcadia
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2046