Barstow Municipal Code Ch. 9.33 Police Services Fee for Repeat Minor Curfew and Loitering Violators

The city finds and determines that minors who are repeatedly detained and supervised by police personnel for violating curfew and daytime loitering laws impose an extraordinary burden on the manpower and resources of the police department because juveniles taken into custody by police personnel must be supervised in an unsecured area of the police department until they are released to a parent or guardian. Police officers who supervise minors who have been detained are then unavailable to carry out police duties in the field and this decreases the level of police protection whereby decreasing public safety in the community. The purpose of this chapter is to defray the reasonable costs that the city incurs to provide extraordinary police services to respond to, detain and supervise repeat curfew and daytime loitering violators.

(Code 1969, § 9.33.010; Ord. No. 730, § 2(part), 1996)

As used in this chapter, the following terms shall have the following meanings, unless it is apparent from the context that a different meaning is intended:

Repeat curfew and daytime loitering violator means any minor:

(1) Who has been detained and taken into custody by city police personnel on more than one occasion in a 12-month period for violating section 9.04.020 or section 9.32.020; or

(2) Who has been adjudicated by any juvenile court determining that the minor violated section 9.04.020, any similar municipal ordinance of any city or section 9.32.025, referenced above on more than one occasion in a 12-month period.

Responsible party means any parent, legal guardian, or other person in charge or control of repeat curfew violator.

(Code 1969, § 9.33.020; Ord. No. 730, § 2(part), 1996)

(a) A responsible party shall be liable for police services fee whenever the city's police personnel respond to, detain and supervise a repeat curfew or daytime loitering violator. The city council shall establish the amount of the police services fee by resolution.

(b) The police services fee charged to a responsible party shall be a debt to the city by the responsible party. Any responsible party owing money to the city pursuant to this chapter shall be liable in an action brought by the city in its own name to recover such amount including reasonable attorney's fees.

(Code 1969, § 9.33.030; Ord. No. 730, § 2(part), 1996)

(a) The chief of police or his designee shall notify the finance department in writing of:

(1) The name and address of the responsible party;

(2) The date and time of the initial violation and the repeat violation of section 9.04.020 or section 9.32.025;

(3) The names of the police personnel who responded to, detained and supervised the repeat curfew or daytime loitering violator; and

(4) The date that the repeat curfew or daytime violator was reprimanded by the county juvenile court for the repeat violation.

(b) The finance department will bill the responsible party for the police services fee established by resolution of the city council.

(Code 1969, § 9.33.040; Ord. No. 730, § 2(part), 1996)

Any responsible party who receives a bill from the finance department pursuant to this chapter may within 15 days after receiving such bill, file a written request with the city clerk appealing the bill. The written appeal shall state the grounds for such appeal and the specific factual basis for the appeal. The responsible party is deemed to have received the bill on the third day following the date that the finance department caused the bill to be placed in the United States mail. The city manager or his designee shall review any written appeal filed with the city clerk pursuant to this chapter and shall prepare written decision on the appeal within 30 days from the date that the written appeal is received by the city clerk. All decisions by the city manager or his designee shall be final.

(Code 1969, § 9.33.050; Ord. No. 730, § 2(part), 1996)