Lancaster Municipal Code Ch. 9.48 Administrative Diversion for Misdemeanor Offenses

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Editor's note— Ord. No. 1079(b), § 1(Exh. A), adopted Feb. 23, 2021, repealed the former Ch. 9.48, §§ 9.48.010—9.48.090, and enacted a new Ch. 9.48 as set out herein. The former Ch. 9.48 pertained to Administrative Penalties for State Offenses and derived from Ord. No. 1001, § 2, adopted Feb. 10, 2015.

This chapter shall be known as the City of Lancaster's Administrative Diversion for Misdemeanor Offenses ordinance.

(Ord. No. 1079(b), § 1(Exh. A), 2-23-2021)

The city council finds and declares as follows:

A. In recent years, state laws have been amended to provide that certain criminal offenses shall always be charged as misdemeanors, with some limited exceptions.

B. Additional steps in reforming the criminal justice system are being made and implemented at the state and county level, including a focus on diverting persons charged with misdemeanor offenses away from criminal proceedings.

C. While mindful of these reforms, the city council finds that it is imperative that persons committing misdemeanor offenses be held accountable for their crimes.

D. It is the purpose and intent of this chapter to protect public health, safety and welfare by implementing an administrative program that will utilize financial penalties and community service, so that persons who commit misdemeanor offenses shall pay their debt to society for their offenses, while diverting such individuals from possible criminal convictions.

(Ord. No. 1079(b), § 1(Exh. A), 2-23-2021)

"City" means the City of Lancaster.

"Code" means the Lancaster Municipal Code, and laws incorporated therein by reference, as well as any adopted and uncodified ordinances.

"City manager" means the Lancaster city manager and/or his or her authorized designee(s).

"Department" means the Lancaster public safety department and/or police department.

"Director" means the Lancaster public safety director or his or her authorized designee.

"Hearing officer" means an independent and impartial hearing officer retained by the city to conduct administrative appeal hearings as set forth in this chapter or any other provisions set forth in the Code.

"Property" or "premises" means any privately- or publicly-owned real property in the city.

"Reviewing officer" means the director or his or her authorized designee.

(Ord. No. 1079(b), § 1(Exh. A), 2-23-2021)

Any county sheriff's deputy, city public safety officer, city community services officer, and any other public officer, employee or contractor designated by the city manager shall be authorized to issue administrative citations in accordance with this chapter.

(Ord. No. 1079(b), § 1(Exh. A), 2-23-2021)

A person who commits any of the following offenses within the city may be issued an administrative citation as set forth in this chapter:

A. Any misdemeanor offense as set forth in the California Penal Code, Business & Professions Code, Health & Safety Code, Vehicle Code, or other state code, provided such offense does not involve a battery, assault, or other offense related to physical attack or injury on a person.

B. Notwithstanding any other provisions of this code, the following misdemeanor offenses of the Lancaster Municipal Code:

1. Littering violations as set forth in chapter 8.20;

2. Noise violations as set forth in chapter 8.24;

3. Shopping cart violations as set forth in chapter 8.62;

4. Loitering violations as set forth in chapters 9.12, 9.16, and 9.18;

5. Public alcohol consumption violations as set forth in chapter 9.20;

6. Camping and lodging violations as set forth in chapter 9.34, provided the person committing the offense has first been offered alternative lodging or shelter and has refused such offer;

7. Aggressive solicitation violations as set forth in chapter 9.36;

8. Violations of parks rules and regulations as set forth in chapter 12.04.

(Ord. No. 1079(b), § 1(Exh. A), 2-23-2021)

A. As an alternative to pursuing misdemeanor criminal proceedings, any officer, as defined in this chapter, may issue an administrative citation to a person when the officer has determined, through personal observation or after undertaking standard law enforcement investigatory actions, that the person has committed an offense as set forth in Section 9.48.050. A separate citation will be issued for the commission of each separate or subsequent enumerated offense.

B. Within 72 hours after issuance of a citation, the citing officer shall submit a copy of the citation and a written incident report or statement of facts to the director. Alternatively, in lieu of issuing the citation, the officer may elect to submit the written incident report or statement of facts to the director, who may then issue the citation.

C. An administrative citation may be personally given to the offender, or the offender may be served by first class mail to an address which is either: (i) indicated on any form of identification presented to the officer, of (ii) discovered by the officer during the course of his or her standard law enforcement investigatory actions. The date a citation is placed in a U.S. Postal Service mail receptable shall be the date of service. A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee. Failure of any responsible person to receive an administrative citation by mail shall not invalidate any citation issued pursuant to this chapter.

D. The citation shall be in a city-approved format, and shall include the following information:

1. A brief description of the violation;

2. Date and location of the violation(s) and the approximate time the violation(s) was observed and/or committed;

3. Code section(s) violated;

4. Description of corrective action required;

5. A statement explaining that each day constitutes a new violation;

6. The amount of civil penalty imposed for the violation(s) as set forth in Section 1.12.020 of the Lancaster Municipal Code;

7. A statement advising that the fine shall be paid to the city within sixty (60) days from the date on the administrative citation, procedure for payment, and the consequences of failure to pay;

8. A statement describing the responsible party's rights of appeal;

9. Notice of the process for waiving or reducing payment requirements related to the citation; and

10. A link to the city's website including the online location of the ability to pay form.

E. The penalty amounts of administrative citations issued pursuant to this chapter shall be assessed at a rate as set forth in the fee schedule in Section 1.12.020 of Chapter 1.12 of this code.

(Ord. No. 1097, § 5(Exh. D), 1-10-2023; Ord. No. 1079(b), § 1(Exh. A), 2-23-2021)

A. Request for Initial Review of Administrative Citation.

1. A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the city. The request shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within fourteen (14) calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and payment shall be due within sixty (60) calendar days from the date of the citation's issuance.

2. Upon timely receipt of a written request for an initial review of the administrative citation, the city manager or a person designated by the city manager to act as a reviewing officer shall conduct an initial review of the administrative citation, the written incident report or statement of facts, and the request for review and all evidence submitted with the request. The reviewing officer shall assess whether the evidence shows that the violation occurred and if any extenuating circumstances exist that warrant dismissal, and shall make a decision to preliminarily uphold or dismiss the citation. The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the city manager or person designated by the city manager may extend the ninety (90) day deadline upon a finding of good cause.

B. Initial Review of Ability to Pay.

1. Indigency Waiver. The city will provide an ability to pay form on its website and make a physical copy of the form available at city hall and the public safety department office. The city shall waive the citation penalty, any late payment or collection fee, and the payment requirement to appeal for individuals who demonstrate they are indigent. The city will accept that a cited person is indigent if the person fits into one of the following three categories:

i. The person is "very low-income," as defined in Health and Safety Code Section 50105;

ii. The person has qualified with another public agency to receive means-tested public benefits, including the following:

1. Supplemental security income or state supplemental payment.

2. Cash assistance program for immigrants ("CAPI").

3. CalWorks.

4. Medi-Cal.

5. General relief.

6. Temporary assistance for needy families ("TANF").

7. In-home supportive services ("IHSS").

iii. The person is "homeless," as defined by 24 C.F.R. Section 578.3.

2. To establish eligibility for an indigency waiver, a cited person shall present one of the following forms of proof, dated within sixty (60) days before or after the date of the citation, establishing that they are indigent.

[i.]

Evidence that a person is "very-low income" as defined in Health and Safety Code Section 50105: (1) copy of pay stub; (2) copy of tax return; (3) W-2 form; or (4) statement of gross monthly income, signed under penalty of perjury;

[ii.]

Evidence of receipt of means-tested public benefits: (1) benefit verification or "award" letter; (2) notice of action; (3) copy of benefits check stub; (4) Housing Authority of the City of Los Angeles (HACLA) voucher; (5) Medi-Cal card; (6) income and eligibility verification form issued by a public agency administering benefits; (7) monthly reporting form issued by a public agency administering benefits; or (8) benefits card;

[iii.]

Evidence that a person is "homeless": (1) verification of homelessness from Los Angeles Homeless Services Authority; (2) documentation from a service provider demonstrating homelessness; (3) documentation from a shelter demonstrating homelessness; or (4) administrative citation in which the citing officer describes the cited person as "unhoused," "homeless," "transient," or some other term denoting homelessness.

3. The reviewing officer shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of financial worth, and shall notify the cited person in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the city manager or person designated by the city manager may extend the ninety (90) day deadline upon a finding of good cause.

4. A previously-granted waiver of the payment requirement to appeal based on inability to pay will automatically qualify a cited individual for an indigency waiver of the citation penalty for the same administrative citation. The city will not require a cited individual to furnish documentation establishing inability to pay the same citation more than once.

A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation shall, no later than fourteen (14) calendar days from the date of the determination, coordinate with the department to enroll in and perform community service according to the manner set forth in Section 1.16.095 of Chapter 1.16.095 of the code.

(Ord. No. 1097, § 5(Exh. D), 1-10-2023; Ord. No. 1079(b), § 1(Exh. A), 2-23-2021)

A. A person whose initial review of an administrative citation has resulted in the citation being upheld pursuant to this chapter may contest the citation by filing a written appeal on a city-approved form to the city clerk within fourteen (14) calendar days from the date of the issuance of the written statement of the results of the initial review. The basis for the appeal must be specified in detail on the appeal form. The appeal form must include a mailing address and, if available an email address to which correspondence related to the request may be sent. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a citation; in this event, the citation is final and binding.

B. A deposit in the amount of the citation must be paid at the time the appeal is filed. A cited person for whom a determination has been made that the person is unable to pay the full amount of the citation shall not be required to pay the deposit at the time the appeal is filed.

C. As soon as practicable after a timely appeal is filed, the city manager or his/her designee shall fix a date, time and place for a hearing. The hearing shall be conducted by a hearing officer. Written notice of the time and place for the hearing shall be served by first class mail and/or email at least ten (10) calendar days prior to the date of the hearing.

D. An appellant may request, in writing, that the city manager or his/her designee reschedule the hearing if the request is made at least twenty-four (24) hours prior to the hearing. The city manager or his/her designee shall grant one continuance of the hearing date.

E. Failure of an appellant to appear at the scheduled hearing shall constitute the appellant's waiver of the right to appeal and a forfeiture of the citation amount deposited at the time the appeal was filed.

F. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish, by a preponderance of evidence, that the appellant committed the offense that was the basis for the citation. The officer issuing the administrative citation and/or submitting the written incident report or statement of facts shall not be required to appear at the hearing. The hearing officer shall accept testimony by declaration under penalty of perjury relating to the commission of the offense, as set forth in the issuing officer's incident report or statement of facts, and shall consider any other relevant evidence concerning the commission of the offense that the director or his/her designee may present at the hearing. The hearing officer shall also take the testimony of the appellant, and/or his or her witnesses, will consider any other credible relevant rebuttal evidence the appellant may wish to present. The appellant may represent himself or herself or be represented by anyone of his or her choice, including counsel, at his or her sole expense. The appellant may bring an interpreter to the hearing at his or her sole expense.

G. The hearing officer shall make findings based on the record of the hearing, and shall prepare a written decision, based on those findings, to uphold or dismiss the citation. A hearing officer may uphold the citation but modify the penalty amount if extenuating circumstances warrant a modification in the interest of justice. A copy of the written decision shall be served on the appellant by first class mail within fourteen (14) days after the hearing. If the citation is dismissed, the city shall refund the amount of the citation deposit to the appellant within thirty (30) days from the date of the decision.

H. The decision of the hearing officer is final and conclusive, subject only to review by the superior court in accordance with the time limits set forth in Code of Civil Procedure Section 1094.6.

(Ord. No. 1097, § 5(Exh. D), 1-10-2023; Ord. No. 1079(b), § 1(Exh. A), 2-23-2021)

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this code. A cited person who has been granted an indigency waiver pursuant to Section 1.16.085 of Chapter 1.16 of this code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

(Ord. No. 1097, § 5(Exh. D), 1-10-2023; Ord. No. 1079(b), § 1(Exh. A), 2-23-2021)

The city may collect an unpaid administrative citation in any manner authorized by law, including, but not limited to, the following:

A. Causing a special assessment to be made upon real property owned by the person to whom the citation was issued;

B. Recording a lien upon real property owned by the person to whom the citation was issued;

C. Collecting the moneys through the franchise tax board, from personal income tax refunds, unclaimed property claim payments, and/or state lottery winnings.

(Ord. No. 1079(b), § 1(Exh. A), 2-23-2021)

The city manager is authorized to promulgate such rules, regulations, policies and procedures as may be necessary or convenient to implement this chapter.

(Ord. No. 1079(b), § 1(Exh. A), 2-23-2021)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

(Ord. No. 1079(b), § 1(Exh. A), 2-23-2021)