HomeMy WebLinkAboutMC-1002
Adopted: September 15, 1997
Effective: October 16, 1997
ORDINANCE NO. Me-1002
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AN ORDINANCE OF TIlE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 3.80 TO TIlE CITY OF SAN BERNARDINO MUNICIPAL
3 CODE ESTABUSIllNG A COST RECOVERY SYSfEM FOR BOOKING FEE
4 COUECfIONS.
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WHEREAS, Government Code Section 29550.1, et Seq. allows cities to recover the
costs charged by the counties for the booking or other processing of persons arrested and
other costs incurred in connection therewith if that person is convicted of a criminal
offense related to said arrest.
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WHEREAS, the Common Council wishes to recover said costs charged by the
10 County of San Bernardino for the booking or other processing of persons arrested and
11 other costs incurred in connection therewith.
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WHEREAS, the Common Council finds that the amount of the charges hereby
adopted do not exceed the reasonably anticipated costs charged by the County for the
booking or other processing of persons arrested and other costs incurred in connection
therewith, and therefore the fee imposed hereby is not a "special tax" pursuant to
Government Code Section 50076 and the actions taken herein are exempt from the
additional notice and public meeting requirements of the Brown Act pursuant to
Government Code Section 54954.6 (a) (1) (A) and (B).
WHEREAS, the Common Council further finds that these fees are charged for the
purpose of meeting the City's operating expenses and recovering funds paid from the City
treasury to the County of San Bernardino, and are therefore exempt from the
requirements of the California Environmental Quality Act pursuant to Public Resources
Code Section 21080 (b) (8).
NOW, TIIEREFORE, the Common Council of the City of San Bernardino does
21 hereby ordain as follows:
22 SECTION 1. Title 3 of the San Bernardino Municipal Code is hereby amended by
adding CHAPTER 3.80 COST RECOVERY SySfEM FOR BOOKING FEE
23 COUECfIONS, as follows:
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July 30, 1997 I
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Me-i002
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AN ORDINANCE OF TIlE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 3.80 TO TIlE CITY OF SAN BERNARDINO MUNICIPAL
CODE ESTABIlSIllNG A COST RECOVERY SYSTEM FOR BOOKING FEE
COILECIlONS.
(CHAPTER 3.80)
COST RECOVERY SYSTEM FOR BOOKING FEE COILECIlONS
6 Sections:
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3.80.010
3.80.020
3.80.030
3.80.040
3.80.050
3.80.060
Authority and Scope
Purpose
Definitions
Method of Assessing Amount of Fees
Amount of Fees Collected
Severability
Section 3.80.010 Authority and Scope
14 This Chapter is adopted pursuant to Government Code Section 29550.1, et. Seq. as
the same may now exist or hereafter be amended.
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The proceeds from this program shall be used to reimburse the City's general fund
17 for costs charged by the County for the booking or other processing of persons arrested
18 and other costs incurred in connection therewith.
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Section 3.80.020 Purpose
Section 3.80.030 Definitions
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A.
"City" means the City of San Bernardino
B.
"County" means the County of San Bernardino
23 Section 3.80.040 Method of Assessing Amount of Fees
24 Pursuant to Government Code Section 29550.1 the City shall charge a fee equal to
25 the fee assessed by the County to the City for the booking or other processing of persons
arrested, at the request of the City, to the person arrested, if that person is convicted of
26 a criminal offense related to said arrest.
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July 30, 1997
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Me-l002
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AN ORDINANCE OF 1HE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 3.80 TO 1HE CITY OF SAN BERNARDINO MUNICIPAL
CODE ESTABUSIDNG A COST RECOVERY SYSTEM FOR BOOKING FEE
COllECfiONS.
Section 3.80.050 Amount of Fees Collected
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Fees collected shall be limited to those provided under Government Code Section
5 29550.1 et. Seq. The actual cost of recovery over and above the criminal justice
administrative fees shall be charged to the person convicted if applicable.
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Section 3.80.060
Severability
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8 If any section, subsection, part, clause, sentence, or phrase of this Chapter or the
application thereof is for any reason held to be invalid or unconstitutional by the decision
9 of any court of competent jurisdiction, the validity of the remaining portions of this
Chapter, the application thereof, and the fee imposed shall not be effected thereby, but
10 shall remain in full force and effect, it being the intention of the City Council to adopt
11 each and every section, subsection, part, clause, sentence, or phrase regardless of whether
any other section, subsection, part, clause, sentence, or phrase or the application thereof
12 if held to be invalid or unconstitutional.
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SECfiON 2. EFFECIlVE DATE
This ordinance shall become effective 30 days after its adoption.
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July 30, 1997
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Me-l002
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 3.80 TO THE CITY OF SAN BERNARDINO MUNICIPAL
CODE ESTABLISHING A COST RECOVERY SYSTEM FOR BOOKING FEE
COLLECTIONS.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j t. regular meeting thereof,
5 held on the ~day of September , 1997, by the following vote, to wit:
6 Council Members
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AYES
NAYS
ABSTAIN ABSENT
NEGRETE
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CURLIN
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ARIAS
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OBERHELMAN
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DEVLIN
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ANDERSON
14 MILLER
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Q. cJ.."j~ (~~( ,,,/G
'-city Clerk
The foregoing resolution is hereby approved this ~day of
September; 1997.
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TOM MINOR, Mayor
City of San Bernardino
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22 Approved as to form and
legal content:
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James F. Penman,
24 City Attorney
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July 30, 1997 4
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