A. Pursuant to the authority of Welfare and Institutions Code § 625.5, and when based on a finding of civil liability or a criminal conviction for a subsequent violation of Section 9.68.020 of this Chapter, when a minor under eighteen years of age is detained for a period of time in excess of one hour for a violation of Section 9.68.020 of this Chapter, and said detention requires the supervision of the minor by employee(s) of the San Bernardino Police Department, 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 said supervision and transportation for that minor; provided that they shall have first received a written warning for a first violation of Section 9.68.020, indicating that recovery of administrative and transportation costs may be sought upon a second violation. Such costs sought shall be based upon the San Bernardino Police Department Extraordinary Law Enforcement Fee Rate Schedule. Welfare and Institutions Code § 625.5(d) mandates parents or legal guardians to sign and return the warning notification for any such first offense of 9.68.020 committed by any minor. A space will be provided for the explanation of any circumstances relevant to an applicable exemption from the fee as provided by W&I § 625.5(e).
B. As determined by the Chief of Police, or his designee, the minor, the parent(s), or legal guardian(s) of a minor violating Section 9.68.020 of this Chapter may be assessed and billed for the cost of providing personnel for services relating to the detention, processing or supervision of the minor beyond those services normally provided by the police department. The Chief of Police, or his designee, may waive payment of all or part of the charges if the determination is made that the person has made reasonable efforts to exercise the Supervision and control over the minor, if the determination is made that neither the minor, the parent(s), or the guardian(s) have the ability to pay the charges, if the determination is made to allow the performance of community service in lieu of imposition of the fee, or if the determination is made that the parent(s) or legal guardian(s) have limited physical or legal custody and control of the minor.
C. Any person receiving a bill for police services pursuant to this section, may, within ten (10) days after the date of the bill, file a written appeal with the City Clerk. Any billing sent pursuant to this section shall notify the billed party of the right to appeal said charges. The City Official designated by the Mayor, or his or her designee, shall hear such appeal as the hearing officer. Such hearing shall be informal and shall not be bound by the formal rules of evidence. The hearing officer may waive payment of the charges in full or in part upon a finding of good cause. Within thirty (30) days after the hearing, the hearing officer shall give written notice of the decision to the appellant. The requirement to pay the charges shall be stayed during the pendency of the appeal if the appeal is denied in part or in full, all amounts due to the City shall be paid within thirty (30) days of the notice of the decision of the hearing officer.
(Ord. MC-995, 6-17-97; Ord. MC-967, 5-21-96; Ord. MC-866, 4-06-93; Ord. MC-460, 5-15-85; Ord. 1915, 5-22-51)