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1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO RENUMBERING SECTION
3 9.68.060 AND ADDING SECTIONS 9.68.060, 9.68.070, AND 9.68.080 TO THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO MINORS BEING ON THE STREETS
4 DURING SCHOOL HOURS AND REIMBURSEMENT FOR COSTS OF CURFEW
VIOLATIONS
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6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
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8 SECTION 1. Section 9.68.060 of the San Bernardino Municipal Code is hereby
9 renumbered as Section 9.68.090.
10 SECTION 2. Section 9.68.060 is hereby added to the San Bernardino Municipal
Code to read as follows:
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12 "9.68.060 Minors on public streets. It is unlawful for any minor under the
13 age of eighteen years, who is subject to compulsory education or compulsory
14 continuation education to be or remain in or upon public streets, highways,
15 roads, alleys, parks, playgrounds, or other public grounds, public places,
16 public buildings, school property to which they are not assigned, places of
17 amusement and eating places, vacant lots or any unsupervised place during
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19 the hours for which said minor is normally assigned to his or her school on
20 days when said school is in session."
21 SECTION 3. Section 9.68.070 is hereby added to the San Bernardino Municipal
22 Code to read as follows:
23 "9.68.070 Exceptions. The provisions of Section 9.68.060 shall not apply:
24 a. To a minor who is accompanied by his or her parent, legal guardian,
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26 or other adult person having care or custody of the minor; or
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I b. To students who have permission to leave school campus for lunch or
2 school related activity and have in their possession a valid school-issued
3 written notice by a school official, but only for a reasonable period of time
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necessary for the lunch or activity; or
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6 C. To a minor who is going to or coming from his or her gainful place of
7 employment or medical or dental appointment with verification of said
8 employment or appointment."
9 SECTION 4. Section 9.68.080 is hereby added to the San Bernardino Municipal
10 Code to read as follows:
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12 "9.68.080 Cost Recovery. (a) Pursuant to the authority of Welfare and Institutions
13 Code § 625.5, and when based on a finding of civil liability or a criminal conviction
14 for a subsequent violation of Section 9.68.010 of this chapter, when a minor under
15 eighteen years of age is detained for a period of time in excess of one hour for a
16 violation of Section 9.68.010 of this chapter, and said detention requires the
17 supervision of the minor by employee(s) of the San Bernardino Police Department,
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the parent(s) or legal guardian(s) having custody or control of said minor shall be
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20 jointly and severally liable for the cost of providing said supervision and
21 transportation for that minor; provided that they shall have first received a written
22 warning for a first violation of Section 9.68.010, indicating that administrative cost
23 recovery may be sought for a second violation. Welfare and Institutions Code
24 625.5(d) mandates parents or legal guardians to sign and return the warning
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26 notification for any such first offense of 9.68.010 committed by any minor. A space
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1 will be provided for the explanation of any circumstances relevant to an applicable
2 exemption from the fee as provided by W&I 625.5(e).
3 (b) As determined by the Chief of Police, or his designee, tiie minor, the
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5 parent(s), or legal guardian(s) of a minor violating Section 9.68.010 of this
6 chapter may be assessed and billed for the cost of providing personnel for services
7 relating to the detention, processing or supervision of the minor beyond those
8 services normally provided by the police department. The Chief of Police, or his
9 designee, may waive payment of all or part of the charges if the determination is
10 made that the person has made reasonable efforts to exercise the supervision and
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12 control over the minor, if the determination is made that neither the minor, the
13 parent(s), or the guardian(s) have the ability to pay the charges, if the determination
14 is made to allow the performance of community service in lieu of imposition of the
15 fee, or if the determination is made that the parent(s) or legal guardian(s) have limited
16 physical or legal custody and control of the minor.
17 (c) Any person receiving a bill for police services pursuant to this section,
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19 may, within ten (10) days after the date of the bill, file a written appeal with the City
20 Clerk. Any billing sent pursuant to this section shall notify the billed party of the
21 right to appeal said charges. The City Official designated by the Mayor, or his or her
22 designee, shall hear such appeal as the hearing officer. Such hearing shall be
23 informal and shall not be bound by the formal rules of evidence. The hearing officer
24 may waive payment of the charges in full or in part upon a finding of good cause.
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26 Within ten (10) days after the hearing, the hearing officer shall give written
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1 notice of the decision to the appellant. The requirement to pay the charges shall be
2 stayed during the pendency of the appeal. If the appeal is denied in part or in full,
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all amounts due to the city shall be paid within thirty (30) days of the notice of the
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5 decision of the hearing officer."
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO RENUMBERING SECTION
9.68.060 AND ADDING SECTIONS 9.68.060, 9.68.070, AND 9.68.080 TO THE SAN
2 BERNARDINO MUNICIPAL CODE RELATING TO MINORS BEING ON THE STREETS
DURING SCHOOL HOURS AND REIMBURSEMENT FOR COSTS OF CURFEW
3 VIOLATIONS
4 1 HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
5
6 Common Council of the City of San Bernardino at a meeting thereof, held
7 on the day of 1996, by the following vote, to wit:
8 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
9 NEGRETE
10 CURLIN
11 ARIAS
12
OBERHELMAN
13
14 DEVLIN
15 ANDERSON
16 MILLER
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18
City Clerk
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20 The foregoing ordinance is hereby approved this day
21 of 1996.
22 TOM MINOR, Mayor
City of San Bernardino
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Approved as to form
24 and legal content:
25 JAMES F. PENMAN
26 City Attorney
27 By: 5
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