HomeMy WebLinkAbout18817 - RESOLUTIONS - 4/17/1996 RESOLUTION NO. 18817
' A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
IMPLEMENTING THE COST RECOVERY PROVISIONS
OF ORDINANCE NO. 1530 PROVIDING FOR
THE RECOVERY OF COSTS FOR ENFORCEMENT OF
CURFEW PROVISIONS OF THE PALM SPRINGS
MUNICIPAL CODE
WHEREAS, the Legislature adopted Welfare & Institutions
Code § 625 . 5 to accomplish the following stated goals :
(1) To safeguard the fiscal integrity of cities by
enabling them to recoup the law enforcement costs
of identifying, detaining, and transporting minors
who violate curfew ordinances to their place of
residence.
(2) To encourage parents and legal guardians to
exercise reasonable care, supervision, and control
over their minor children so as to prevent them
from committing or being victims of unlawful acts .
(3) To help eradicate criminal street gang activity.
' WHEREAS, the City Council has enacted Ordinance No. 1530
establishing curfew and truancy regulations, including those
focused on school age children during the normal hours when
school attendance is required; and
WHEREAS, the City Council desires to establish a
procedure to recover the costs which the City incurs in
enforcing the curfew provisions of its ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS;
(a) Palm Springs Police Department law enforcement
personnel are hereby authorized to temporarily detain any
minor under the age of 18 years upon any reasonable suspicion
based on articuable facts that such minor is in violation of
Section 11 . 56. 010 of the Palm Springs Municipal Code, and to
transport such minor to his or her place of permanent or
temporary residence or to the custody of his or her parents)
or legal guardian (s) .
(b) Upon a first violation of Section 11.56 . 010 of the
Palm Springs Municipal Code, a Palm Springs Police Department
law enforcement officer may elect to detain the minor or to
issue to the minor a warning regarding the consequences of a
' second violation of such section. The Palm Springs Police
Department shall mail to the parent (s) or legal guardian (s) of
such minor a written notification advising that upon a
violation, the parent (s) or legal guardian (s) may be held
liable for actual administrative and transportation costs, and
such notice shall require the parent (s) or legal guardian (s)
to sign and return the notification. Such notification shall
include sufficient space for an explanation of any
circumstances relevant to an applicable exemption from the fee
set forth in this Resolution. Such explanation shall be
reviewed by the Chief of Police, or his/her designee. If the
explanation is found to be insufficient, the Chief of Police, N
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Resolution No. 113817 p ��
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or his/her designee, may request a in-person consultation with '
the parent (s) or legal guardian (s) of such minor for the
purpose of discussing the circumstances claimed to be relevant
to any applicable exemption.
(c) Pursuant. to Welfare & Institutions Code §§ 625 . 5 (c)
& (d) , a fee for the actual costs of administrative and
transportation services for the return of the minor under 18
years to his or her place of residence, or to the custody of
his or her parent (s) , or legal guardian (s) , may be charged, as
provided in Section 625 . 5 (e) , jointly and, severally to the
minor, his or her parent (s) , or legal guardian (s) , in an
amount not to exceed those actual costs . Upon petition of the
person required to pay the fee, the City Manager, or his/her
designee, shall conduct a hearing as to the validity of the
fees charged, and may waive payment of the fee by, the minor,
his or her parent (s) , or legal guardian (s) , upon a finding of
good cause. The City Manager, or his/her designee, may charge
this fee and may (1) provide for waiver of the payment of the
fee by the parent (s) or legal guardian (s) upon a determination
that the person has made reasonable efforts to exercise
supervision and control over the minor, (2) provide for a
determination of the ability to pay the fee and provide that
the fee may be waived if neither the minor nor the parent (s)
or legal guardian(s) has the ability to pay the fee, (3)
provide for the performance of community service in lieu of '
imposition of the fee, and (4) provide for waiver of the
payment of the fee by the parent (s) or legal guardian (s) upon
a determination that the parent (s) or legal guardian (s) has
limited physical or legal custody and control of the minor.
ADOPTED, this 17th day of April 1996.
AYES : Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst
NOES: None
ASSENT: Nome
ATTEST: CI OF PALM SPR CALIFORNIA
Sy
City Clerk ity a n a r
REVIEWED & APPROVED AS TO FORM: \
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