Chapter 9.50 — CHARGE FOR PROCESSING OF TRUANT JUVENILES

This chapter shall be construed and applied to promote its basic purposes and policies, which are to provide for a procedure to charge parents or guardian for the cost of providing police and related services to apprehend and temporarily detain truant juveniles.

(Code 1972, § 9.50.010; Ord. No. 849, § 1(part), 1990)

(a)

The city council finds and determines that under California Education Code section 48264 a peace officer may arrest or assume temporary custody during school hours of any minor subject to compulsory full-time or continuation education found away from home and who is absent from school without valid excuse within the city or local school district. Such level of police and related services can exceed the capabilities of the normal and usual police and station staff and can necessitate the expenditure of large sums for overtime and other pay to city personnel.

(b)

Additionally, such services drain the manpower and resources of the police department and can leave certain areas of the city with inadequate levels of police protection so as to create a significant hazard to the safety of citizens and police officers. This chapter is intended to provide a means for transferring the cost of providing such service from the general taxpayers to the parents or guardian of the truant juvenile.

(Code 1972, § 9.50.020; Ord. No. 849, § 1(part), 1990)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Police services fee means a fee which reflects the costs of police personnel and equipment utilized in the apprehension and detention of the truant juvenile.

Truant juvenile means any minor subject to compulsory full-time education or to compulsory continuation education found away from his home during school hours and who is absent from school without a valid excuse within the city or school district.

(Code 1972, § 9.50.030; Ord. No. 849, § 1(part), 1990)

(a)

The parents or guardian of the truant juvenile shall be liable for the police services fee to defray the reasonable cost of providing the police services.

(b)

The police services fee shall not exceed $65.00 for any single incident. The fee shall be computed on the basis of actual cost to the city of the police activity, transportation, detention, feeding and processing of the truant juvenile.

(c)

The amount of such fee shall be a debt to the city of the parents or guardian responsible for the truant juvenile. Any person owing money shall be liable in an action brought by the city in its own name to recover such amount, including reasonable attorneys' fees. This fee is civil in nature and shall not be construed to be a criminal penalty or fine.

(Code 1972, § 9.50.040; Ord. No. 849, § 1(part), 1990)

The chief of police or his designate shall notify the finance department in writing of the name and address of the parent or guardian responsible for the truant juvenile, the date and time of the incident, the services performed and such other information as may be required. The finance department shall thereafter cause appropriate billings to be made. It shall be within the discretion of the finance department to assign said fees to an agency or agencies for the purpose of collection if such action shall appear to be less costly than use of city personnel for said purpose.

(Code 1972, § 9.50.050; Ord. No. 849, § 1(part), 1990)

A fee imposed pursuant to section 9.50.040 and not paid within 30 days of the date upon which such fee was assessed shall be subject to a late charge of one percent per month until said fee shall be paid.

(Code 1972, § 9.50.060; Ord. No. 849, § 1(part), 1990)

(a)

Any person receiving a bill for police service provided pursuant to this chapter may, within 15 days after said bill was sent, file a written appeal request appealing the police services fee imposed. Any appeal regarding the billing shall be heard by a commanding officer (administrative services division (ASD)) and the city manager or their designees.

(b)

After a request for appeal is filed, the city shall withhold collection of the bill until conclusion of the appeal.

(c)

If, after a hearing before a commanding officer and the city manager or their designees, the appeal denied in part or in full, all amounts due to the city shall be paid within 30 days.

(Code 1972, § 9.50.070; Ord. No. 849, § 1(part), 1990)