HomeMy WebLinkAboutOrdinance No. 94-O111
ORDINANCE NO. 94-01
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AZUSA ADDING SECTION
8.16.070 TO THE AZUSA MUNICIPAL CODE
RELATING TO THE RECOVERY OF
PERSONNEL COSTS FOR THE DETENTION,
PROCESSING, AND SUPERVISION OF
JUVENILE OFFENDERS.
WHEREAS, the City Council of the City of Azusa desires to
partially recover the administrative costs associated with the
detention, processing and supervision iof juvenile offenders, as
said offenders require constant supervision and monitoring and may
not, by law, be placed into secure detention facilities except
under the most extreme of cases; and
WHEREAS, the City Council has determined that the most
equitable procedure would be to require the parents or guardians of
those juvenile offenders utilizing the additional police services
to partially defray the City's expense of providing those services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA
DOES ORDAIN AS FOLLOWS:
Section 1. Section 8.16.070 is hereby added to the Azusa
Municipal Code to read as follows:
Section 8.16.070. Juvenile Detention Cost
Recovery.
(a) Responsibility for Costs'.
When, based on a finding of civil liability or
criminal conviction in any one or more of the
instances described below, a juvenile (under
18 years of age) 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
Azusa Police Department employee(s), then the
parent(s) or legal guardian(s) having custody
and control of the juvenile shall be jointly
and severally liable for the cost of providing
such police personnel over, and above the
services normally provided by,the department.
The fee assessed against such parent(s) or
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guardian(s) shall be set by resolution. The
City reserves its legal options to elect any
other legal remedies when said costs exceed
limits set by resolution.
1. Willful Misconduct. 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.
2. Knowledge of Prior Misconduct.
Any misconduct of a minor based on repeated and specific
violative behavior, such that the parent(s) or
guardian(s) reasonably has knowledge of and the
opportunity to correct the specific propensity on the
part of the minor.
3. Theft from Merchant or Library.
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.
4. Permitted Access to Firearms.
Any misconduct of a minor based on repeated access to
firearms or other deadly instruments, such that the
parent(s) or quardian(s) reasonably has knowledge of and
the opportunity to remove access of the minor to the
deadly instrument.
5. Contribution to the Delinquency of a Minor. Any
misconduct of a minor based on the parent(s) or
quardian(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.
(b) Accounting and Billing. ''Whenever a juvenile (under
18 years of age) is detained by the Azusa Police
Department pursuant to Section 8.16.070 for the
commission of a public offense, and the detention exceeds
one (1) hour, a copy of the crime and/or detention report
shall be forwarded to the Chief of Police, or other
division head for review. The Chief of Police, or other
division head, will ensure that appropriate billing
occurs.
Any and all personnel assigned by the City to detain,
process, or supervise the detention of a juvenile
offender shall be deemed to be on special assignment as
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employees of the City, except that the rate of pay for
such special assignment shall be set forth herein. The
pay for each employee thus assigned shall be at the
hourly rate of 1.5 times the base salary of the employee
computed on quarterly fractions of each hour. The Chief
of Police, or other division head, shall report to the
Director of Finance the name of the parent(s) and/or
guardian(s) of the individual requiring these services,
and the names of the employees so assigned and the number
of hours of such assignment. The Director of Finance
shall thereupon bill the person for the amount paid to
each plus the pro -rated cost of Workmen's Compensation
charges and other administrative costs. Any failure of
the person to make payment shall constitute a debt due
solely to the City.
(c) Administrative Rules and Regulations.
The Chief of Police may adopt administrative rules and
regulations for the purpose of implementing the
provisions of this Section.
Section 2. The City Clerk shall certify to the passage
and adoption of this ordinance and cause it to be published in the
manner prescribed by law.
INTRODUCED this 4th day of. January , 1993.
SIGNED, APPROVED, AND ADOPTED this 4th day of
January , 1993.
.�F. Moses,
i
Attest:
A_
Adolph So is, City Clerk
I HEREBY CERTIFY that the foregoing Ordinance No. 94-01
was regularly introduced and placed upon its first reading
at a regular meeting of the City Council on the 20th day of
December 1993. That thereafter, said'ordinance,,was•duly.adopted
and passed at a regular meeting of the City -Council ori the
4th -day of January 1994, by the following vote, to wit:
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Ayes: DANGLEIS, MADRID, NARANJO, ALEXANDER, MOSES
Noes: NONE
Absent: NONE
Dated this 4th day of January , 1993.
Approved as to form:
City Attorney
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