Beaumont Municipal Code Ch. 9.26 Repeat Curfew/Daytime Loitering Violators

The City Council finds and determines that juveniles who are repeatedly detained and supervised by law enforcement personnel for violating curfew, truancy and daytime loitering laws impose an extraordinary burden on the manpower and resources of the City's Police Department because juveniles taken into custody must be supervised in an unsecured area of the police station until they are released to a parent or guardian. Law enforcement personnel needed to supervise juveniles are then unavailable to carry out law enforcement duties in the field which decreases the level of police protection thereby decreasing public safety in the community. One purpose of this Chapter is to inhibit crime committed by juveniles at night and by truants during the day and to defray the reasonable costs that the City incurs to provide extraordinary law enforcement services to respond to, detain arid supervise repeat curfew, truant and daytime loitering violators.

(Ord. No. 927, § 1, 2-19-08)

As used in this Chapter, the following terms shall have the following meanings:

"Repeat curfew or daytime loitering violator" means any minor (1) who has been detained and taken into custody by City law enforcement personnel on more than one occasion in a 12-month period for violating Section 9.22.030 of this Code and (2) who has been adjudicated by the Riverside County Superior Court because said Court found it to be true that the minor violated Section 9.22.030 of this Code 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 a repeat violator.

(Ord. No. 927, § 1, 2-19-08)

A. A responsible party shall be liable to pay a police services fee whenever the City law enforcement personnel respond to, detain and supervise a repeat curfew, truant or daytime loitering violator. The City Council shall establish, from time-to-time, 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.

(Ord. No. 927, § 1, 2-19-08)

The Chief of Police or his or her designee shall notify the Finance Department in writing of (A) the name and address of the responsible party; (B) the date and time of the initial violation and the repeat violation of Section 9.22.030 of this Code; (C) the names of the law enforcement personnel who responded to, detained and supervised the repeat curfew, truant or daytime loitering violator; and (D) the date that the repeat curfew, truant or daytime violator was adjudicated by the Riverside County Juvenile Court for the repeat violation. The Finance Department will bill the responsible party for the police services fee.

(Ord. No. 927, § 1, 2-19-08)

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 the Finance Department caused the bill to be placed in the United States mail. The City Manager or his or her 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 or her designee shall be final.

(Ord. No. 927, § 1, 2-19-08)