(A) Penalties for minors.
(1) Upon the first violation of § 9.01.052, the law enforcement officer may issue a citation to the minor. Upon the issuance of the first citation, the law enforcement agency, acting through its designated representative, shall mail to the parent(s) or legal guardian(s) of the minor a notification that the minor has been found in violation of the youth protection regulations, and that any subsequent violation of § 9.01.052 may result in the parent(s) or legal guardian(s) being held liable for actual administrative and transportation costs. This notice shall require the parent(s) or legal guardian(s) to sign and return the notification and, if appropriate, to explain in writing on space provided on the notification, any circumstances relevant to any applicable exception from § 9.01.052 as well as any circumstances relevant to an applicable exception from the fee as provided by subdivision (e) of Welfare & Institutions Code § 625.5. This notice shall also state that any subsequent violation may result in the issuance of an infraction citation to the minor and/or the parent(s) or legal guardian(s).
(2) Upon any subsequent violation of § 9.01.052, a minor may be charged with an infraction, a conviction of which shall be punished as allowed by law, including applicable juvenile court law and procedure.
(B) Penalties for adults. Upon a violation of § 9.01.052(C), the parent(s) or guardian(s) of the minor may be charged with an infraction, a conviction of which shall be punished by:
(1) A fine not exceeding $100 for the first infraction violation;
(2) A fine not exceeding $200 for the second infraction violation within the same 12 month period; or
(3) A fine not exceeding $500 for the third, or each subsequent, infraction violation within the same 12 month period.
(C) Additional provisions.
(1) This section shall not be construed to abridge the authority of a law enforcement officer to assume temporary custody, during school hours, of any minor subject to compulsory full time education or compulsory continuing education found away from his or her home and who is absent from the school without a valid excuse, and return such minor to their school of registration, pursuant to California Education Code §§ 48264 and 48265, nor construed to abridge the authority of a law enforcement officer to otherwise detain or take into custody a minor as otherwise allowed by law. This section shall not be construed to limit the authority of the court to render any disposition authorized by Welfare and Institutions Code Section 258, subdivision (a), or any other provision of the Juvenile Court Law.
(2) Upon the adoption of a resolution authorized by § 625.5 of the California Welfare & Institutions Code, the city or county may charge a fee for the actual costs of administrative and transportation services for the return of the minor to his or her place of residence, or to the custody of his or her parent(s) or legal guardian(s). This fee may be charged jointly or 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 county, acting through the County Administrative Officer, or his or 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 county 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) have 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) have limited physical or legal custody and control of the minor.
(Ord. 896, § 1(part))