Ordinance - 1942ORDINANCE NO. 1942
AN ORDINANCE OF THE.CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING
CHAPTER 18, ARTICLE III, SECTIONS 18-25 AND FOLLOWING TO THE WEST COVINA
. MUNICIPAL CODE PROVIDING FOR THE RECOVERY OF CERTAIN NON -LAW ENFORCEMENT COSTS
FOR THE DETENTION, PROCESSING AND SUPERVISION OF JUVENILE OFFENDERS.
WHEREAS, the City Council of the City of West Covina desires to recover
part of the non -law enforcement administrative costs associated with the
detention, processing and supervisions of juvenile offenders, and
WHEREAS, said offenders require constant additional supervision and
monitoring which supervision does not fall within the normal law
enforcement responsibilities of the West Covina Police Department but is
an extra expense, and
WHEREAS, the City Police Department and Council have determined that the
most equitable procedure is to require the parents or guardians of those
juvenile offenders utilizing such additional police services to defray the
City's expense of providing those additional services
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Sections 18-25 to 18-28 are hereby added to the West
Covina Municipal Code to read as follows:
Section 18-25. Juvenile Administrative Cost Recovery
(a) Responsibility for Costs
Based on a finding of civil liability or criminal conviction in any
instance involving willful misconduct by a juvenile (under 18 years of
age) including, but not limited to those described below, or the
negligence of a juvenile's parent or guardian, when a juvenile, in
accordance with the provisions of Welfare and Institutions Code
Section 602 is detained for a period in excess of one (1) hour, and
said detention required the supervision of the juvenile offender by a
West Covina Police Department employee(s), then the parent(s) or legal
guardian(s) having custody and control of the juvenile shall be liable
for the cost of providing such police services over and above the
services normally provided by the Department, and shall be required to
reimburse the City as set out in Civil Code Section 1714.1. The City
reserves its right to exercise any and all other rights to legal
remedies.
Acts of willful misconduct or parental negligence supporting such
reimbursement or any act of willful misconduct of a minor which
results in injury or death to another person or in any injury to the
• property of another; parental knowledge of prior misconduct, i.e., any
misconduct of a minor based on repeated and specific violative
behavior, such that the parent(s) or guardian(s) reasonably have
knowledge of and the opportunity to correct the specific propensity on
the part of the minor; subject to Penal Code Section 490.5, theft from
merchant or library, i.e., any act of willful misconduct of a minor
which constitutes petty theft or merchandise from a merchant or
library materials or books from a library facility; parental permitted
or negligent access to firearms, i.e., any misconduct of a minor based
on repeated access to firearms or other deadly instruments, such that
parent(s) or guardian(s) reasonably have knowledge of and the
opportunity to remove access of the minor to the deadly instrument;
•
•
contribution to the delinquency of a minor, i.e. any misconduct of a
minor based on the parent(s) or guardian(s) contributing to the
delinquency of the minor, including one who by act or omission
encourages a minor to fail or refuse to conform to a lawful order of
the juvenile court.
Section'18-26. Accounting and Billing
Whenever a juvenile is detained by the West Covina Police Department
for the commission of a public offense described in Section
above, and the detention exceeds one (1) hour, a copy of the crime
and/or detention report shall be forwarded to the Finance Department
to process for reimbursement. The amount of reimbursement shall
include actual costs as well as direct and indirect overhead,
including but not limited to Police Department supervisorial
personnel, equipment and facility costs and so forth.
Section 18-27. Administrative Rules and Regulations
The city may adopt administrative rules and regulations for the
purpose of implementing the provisions of this Section.
Section 18-28. Any failure of the person to make payment shall
constitute a debt due to the City.
SECTION 2. This ordinance shall be effective thirty (30) days from
the date of adoption.
SECTION 3. The City Clerk shall certify to the passage and adoption
of this ordinance and cause it to be published in the manner prescribed
by law.
PASSED, APPROVED AND ADOPTED THE 20th DAY OF September, 1994.
ATTEST:
CLERK
I HEREBY CERTIFY that the foregoing Ordinance No. 1942 was duly
adopted by the City Council of the City of West Covina at a regular
meeting thereof held on the 20th day of September, 1994, by the
following vote of the Council:
AYES:
COUNCILMEMBERS
Manners,
NOES:
COUNCILMEMBERS
None
ABSENT:
COUNCILMEMBERS
None
ABSTAIN:
COUNCILMEMBERS
None
APPROVED AS TO FORM:
Touhey, Wong, Herfert, McFadden