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HomeMy WebLinkAbout20- Police C161IFY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Capt Curtis Subject: Ordinance of the City of San Ber- 1 nardino renumbering Section 9 . 68. 060 Police and Adding Sections 9 . 68. 060, 9 . 68. 070 , and 9 . 68. 080 to the San Date: \lJ/ Bernardino Municipal Code Relating March 6, 1996 to Minors being on the streets during school, hours Synopsis of Previous Council action: April 5 , 1993 -- MC 866 adopted. An ordinance of city of San Bernardino, amending chapter 9 . 68 of the San Bernardino municipal code relating to a juvenile curfew. Recommended motion: That further reading of the ordinance be waived and it be laid over for final adoption. Signature Contact person: Patrick Paramo Phone: ( 909 ) 384-5796 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: 0 Source: (Acct. No.) (Acct. Description) n Finance: Cc Notes: 75-0262 Agenda Item No. �� CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT PROBLEM: The City of San Bernardino contains the largest unified school district in the Inland Empire. Students attending school, have supervision staying on campus and in the classroom. However, statistics show that an average of 250 students are "off rolls" for absenteeism on any given day in the City of San Bernardino. Without adult supervision, minors loiter around businesses and become involved in delinquent behavior. Current forecasts estimate that by the year 2000 our juvenile population in the City of San Bernardino will be 71,000. Recently, SBPD stepped up enforcement utilizing the juvenile loitering/curfew ordinance. In the City of San Bernardino, officers have cited over 800 minors for violations. Although minors are directed to attend a hearing in Juvenile Traffic Court, many don't go. There is a needed incentive to keep curfew violators accountable. The city can address the issue with monetary liability for repeat offenders; parents or legal guardians would be ultimately responsible for any fine imposed. RECOMMENDATION: The City of San Bernardino add sections 9.68.060, 9.68.070, and 9.68.80 to Chapter 9.68 Loitering of Minors. FINDINGS: In response to findings such as these, adoption of a daytime loitering ordinance for the juveniles of San Bernardino can impact criminal activity and attendance at schools. Networking with the San Bernardino Unified School Police would prove valuable. Violators would be cited by school police allowing San Bernardino police officers to maintain daily responsibilities. Students cited would have to appear (with a parent), in the Juvenile Traffic Court, 175 W. 5th Street, for any daytime loitering violation. Welfare Institutions Code 625.5 allows any city with a current loitering/curfew ordinance to recoup costs for any second violation of such loitering/curfew ordinance (9.68.010) within a 12 month period. A warning for the first violation must be given to parents or legal guardians with witnessed signatures. Cost recovery is another method for cities to impact criminal activity and parental accountability of minors under the age of eighteen. 75-0264 COPY 1 ORDINANCE NO. 2 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 3 BERNARDINO MUNICIPAL CODE RELATING TO MINORS BEING ON THE STREETS DURING SCHOOL HOURS AND REIMBURSEMENT FOR COSTS OF CURFEW 4 VIOLATIONS 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 7 SECTION 1. Section 9.68.060 of the San Bernardino Municipal Code is hereby renumbered as section 9.68.090. 8 9 SECTION 2. Section 9.68.060 is hereby added to the San Bernardino Municipal Code to read as follows: 10 11 "9.68.060 (a) Minors on public streets. It is unlawful for any minor under the age of 12 eighteen years, who is subject to compulsory education or compulsory continuation 13 education to be or remain in or upon public streets, highways, roads, alleys, parks, 14 playgrounds, or other public grounds, public places, public buildings, school property 15 to which they are not assigned, places of amusement and eating places, vacant lots or 16 any unsupervised place during the hours for which said minor is normally assigned to his or her school on days when said school is in session. 17 18 (b) Responsibility of parents guardians etc It is unlawful for the parent, guardian 19 or other adult person having the care and custody of a minor under the age of 20 eighteen years, who is subject to compulsory education or to compulsory continuation 21 education, to permit the minor alone or in concert with others, to loiter, idle, wander, 22 stroll or play in or upon the public streets, highways, roads, alleys, parks, 23 playgrounds, parking areas, or other public grounds, public places, places of 24 amusement and eating places, vacant lots or other unsupervised places, or any place 25 open to the public between the hours of 8:30 a.m. and 2:30 p.m. of the same day on days when said minor's schools is in session." 26 27 28 1 I O aC I SECTION 3. Section 9 68.070 is hereby added to the San Bernardino Municipal Code to 2 read as follows: 3 "9.68.070 Exceptions. The provisions of Section 9.68.060 shall not apply: 4 a. To a minor who is accompanied by his or her parent, legal guardian, or other 5 adult person having care or custody of the minor; or 6 b. To students who have permission to leave school campus for lunch or school 7 related activity and have in their possession a valid school-issued written notice by a 8 school official, but only for a reasonable period of time necessary for the lunch or 9 activity; 10 C. To a minor who is going to or coming from his or her gainful place of 11 employment or medical or dental appointment with verification of said employment 12 or appointment; 13 d. To a minor who is upon an emergency errand directed by his/her' parents, 14 guardian or other adult person having the care and custody of the minor; 15 e. To a minor who is going directly to or from a school sponsored event or 16 activity such as a sporting event, field trip, or other such school activity, or 17 f. To a minor who is going directly to or from an event or activity that is directly 18 related to any medical condition of a parent, guardian or other adult person having the 19 care and custody of the minor." 20 SECTION 4.. Section 9.68.080 is hereby. added to the San Bernardino Municipal Code to 21 read as follows: 22 "9.68.080 Cost Recovery. (a) Pursuant to the authority of Welfare and Institutions 23 Code § 625.5, and when based on a finding of civil liability or a criminal conviction 24 for a subsequent violation of Section 9.68.010 of this Chapter, when a minor under 25 eighteen years of age is detained for a period of time in excess of one hour for a 26 violation of Section 9.68.010 of this Chapter, and said detention requires the 27 28 2 t 4 I supervision of the minor by employee(s) of the San Bernardino Police Department, 2 the parent(s) or legal guardian(s) having custody or control of said minor shall be 3 jointly and severally liable for the cost of providing said supervision and transportation 4 for that minor; provided that they shall have first received a written warning for a first 5 violation of Section 9.68.010, indicating that recovery of administrative and 6 transportation costs may be sought upon a second violation. Such costs sought shall 7 be based upon the San Bernardino Police Department Extraordinary Law 8 Enforcement Fee Rate Schedule. Welfare and Institutions Code 625.5(d) mandates 9 parents or legal guardians to sign and return the warning notification for any such first 10 offense of 9.68.010 committed by any minor. A space will be provided for the 11 explanation of any circumstances relevant to an applicable exemption from the fee as 12 provided by W&1 §625.5(e). 13 (b) As determined by the Chief of Police, or his designee, the minor, the 14 parent(s), or legal guardian(s) of a minor violating Section 9.68.010 of this Chapter 15 may be assessed and billed for the cost of providing personnel for services relating to 16 the detention, processing or supervision of the minor beyond those services normally 17 provided by the police department. The Chief of Police, or his designee, may waive 18 payment of all or part of the charges if the determination is made that the person has 19 made reasonable efforts to exercise the Supervision and control over the minor, if the 20 determination is made that neither the minor, the parent(s), or the guardian(s) have 21 the ability to pay the charges, if the determination is made to allow the performance 22 of community service in lieu of imposition of the fee, or if the determination is made 23 that the parent(s) or legal guardian(s) have limited physical or legal custody and 24 control of the minor. 25 (c) Any person receiving a bill for police services pursuant to this section, 26 may, within ten(10) days after the date of the bill, file a written appeal with the City 27 28 I Clerk. Any billing sent pursuant to this section shall notify the billed party of the right 2 . to appeal said charges. The City Official designated by the Mayor, or his or her 3 designee, shall hear such appeal as the hearing officer. Such hearing shall be informal 4 and shall not be bound by the formal rules of evidence. The hearing officer may waive 5 payment of the charges in full or in part upon a finding of good cause. Within ten 6 (10) days after the hearing, the hearing officer shall give written notice of the decision 7 to the appellant. The requirement to pay the charges shall be stayed during the 8 pendency of the appeal. If the appeal is denied in part or in full, all amounts due to 9 the City shall be paid within thirty (30) days of the notice of the decision of the 10 hearing officer." 11 /// 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 I 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 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of , 1996, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 NEGRETE 9 CURLIN 10 ARIAS 11 OBERHELMAN 12 DEVLIN 13 ANDERSON ' 14 MILLER 15 16 CITY CLERK 17 18 The foregoing Ordinance is hereby approved this day of , 1996 19 20 TOM MINOR, Mayor City of San Bernardino 21 22 Approved as to form ..and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 26 By: 27 28 5