Any peace officer may cite any and all persons under eighteen
years of age to juvenile traffic court using a regular traffic citation
for those violations set forth in Section 256 of the Welfare and Institutions
Code of the state of California.
(Ord. 1893 § 3, 1995)
(a)
Determination
by Court. When, based on a (1) finding by a court of competent jurisdiction
of civil liability, or (2) criminal conviction by a court of competent
jurisdiction in violation of Section 602 of said Welfare and Institutions
Code, a minor under eighteen years of age is detained for a period
of time in excess of one hour, which required the supervision of the
juvenile offender by a Monterey Park police department employee(s),
the parent(s), or legal guardian(s) having custody or control of said
minor shall be jointly and severally liable for the cost of providing
such personnel over and above the service normally provided by said
department.
(b)
Determination by Chief of Police. As determined by the chief of police, or designee, the parent(s) or legal guardian(s) of a minor committing any public offense as described in subsection (a) of this section may be assessed, and billed for, the cost of providing such personnel for such services relating to the detention, processing or supervision of the minor.
(c)
Appeal.
Any person wishing to appeal a bill for police services pursuant to
this chapter must, within fifteen days after the billing date, file
a written request appealing the imposition of said charges. Any billing
sent pursuant to this section shall inform the billed party of the
right to appeal said billing. Any appeal regarding such billing shall
be heard by the city manager, or designee, as the hearing officer.
Within ten days after the hearing, the hearing officer shall given
written notice of the decision to the appellant. 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.
If the appeal is denied in part or in full, all amounts due to the
city shall be paid within thirty days after notice of the decision
of the hearing officer.
(1)
The city manager or designee may waive payment of the fee by the
minor's parents or legal guardian, upon a finding of good cause. The
city manager or designee may (a) provide for 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, (b) 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 parents or legal guardian has the ability to pay the
fee, (c) provide for the performance of community service in lieu
of imposition of the fee, and (d) provide for waiver of the payment
of the fee by the parents or legal guardian upon a determination that
the parents or legal guardian has limited physical or legal custody
and control of the minor.
(Ord. 1893 § 3, 1995)
