Norwalk Municipal Code Art. II Cost Recovery—Minor Curfew, Loitering or Wilful Misconduct

When, based on a finding of civil liability or criminal conviction for violations of nighttime or daytime curfew pursuant to Chapter 9.20 of this Code, truancy or willful misconduct in violation of Welfare and Institutions Code Section 602, a minor under 18 years of age is detained and detention required the supervision of the juvenile offender by Norwalk Public Safety Department or Sheriffs Department employee(s), the parent(s) or legal guardian(s) having custody or control of such minor shall be jointly and severally liable for the cost of providing such personnel.

(Prior code § 5-31.1; Ord. 1474 § 3, 1997; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

As determined by the Director of Public Safety, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of willful misconduct in violation of Welfare and Institutions Code Section 602 where Public Safety personnel provide services relating to the detention, processing or supervision of minors may be assessed, and billed for, the cost of providing such personnel for such services beyond those normally provided by the department.

(Prior code § 5-31.2; Ord. 1474 § 3, 1997; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)

A. Any person receiving a bill for police services pursuant to this chapter may, within 15 days after the billing date, file a written request appealing the imposition of such charges. Any billing sent pursuant to this chapter shall inform the billed party of the right to appeal such billing. Upon the filing of a request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the Hearing Officer. Any appeal regarding such billing shall be heard by the Director of Public Safety, or designee, as the Hearing Officer.

B. Within 10 days after the hearing, the Hearing Officer shall give written notice of the decision to the appellant. This decision will indicate whether the fees are valid, and if so, whether the City is imposing the fee against the parents and/or legal guardian. The Hearing Officer may waive the fee for good cause. The decision issued by the Hearing Officer may provide for any of the following:

1. The performance of community service in lieu of the imposition of the fee;

2. A waiver of the payment of the fee by the parents or legal guardian upon a determination that the person has made reasonable efforts to exercise supervision and control over the minor;

3. A waiver of the payment of the fee upon the determination that neither the minor nor the parents or legal guardian has the ability to pay the fee; and

4. A waiver of the payment of the fee by the parents or legal guardian upon a determination that the parents or legal guardian have limited physical or legal custody and control of the minor.

C. If the appeal is denied in part or in full, all amounts due to the City shall be paid within 30 days after notice of the decision of the Hearing Officer.

(Prior code § 5-31.3; Ord. 1474 § 3, 1997; amended during 1999 codification; Ord. 1550 § 1, 2004; Ord. 21-1722 § 2)