(A) An enforcement fee in an amount set by City Council resolution is hereby established and shall be jointly paid by each minor and minor's parents or legal guardian, provided:
(1) Such minor has been previously issued a warning citation indicating that a second violation of the city's curfew regulations may result in the imposition of a fee to offset the city's administrative and transportation costs incurred in connection with transporting such minor to his or her residence and/or parents or legal guardian; and
(2) The city has previously mailed to the parents or legal guardian of such minor a notification concerning the consequences of a second curfew violation by such minor. The notification shall require the parents or legal guardians to sign and return the notification and, further, shall include a space for the parents or legal guardian to provide a written explanation of any circumstances relevant to an applicable exemption from the fee. A failure by the parents or legal guardian to sign and return the notification shall no affect the validity of the fee imposed.
(B) Where parents or a legal guardian return a signed notification containing an explanation of circumstances relevant to an applicable exemption, that explanation shall be reviewed by a city representative, and if found to be insufficient, the city representative shall have discretion to request a consultation with the parents or legal guardian for the purpose of discussing the circumstances claimed to be relevant to an applicable exemption.
(C) In the city's discretion, the enforcement fee may be waived upon a determination that the parents or legal guardian have made reasonable efforts to exercise supervision and control over the minor, where it is concluded that neither the minor nor the parents or legal guardian have the ability to pay the fee, or upon a determination that the parents or legal guardian have limited physical or legal custody and control of the minor. In lieu of requiring the enforcement fee to be paid, the city, in its discretion, may provide for the performance of community service by the minor, or the attendance at one or more counseling sessions by the minor and parents or legal guardian as may be specified by the city.
(D) If the city representative concludes that insufficient grounds exist upon which to waive the enforcement fee, the minor, parents or legal guardian may file a written request within ten days of the date of the representative's providing written notice to the parents or legal guardian of his or her determination, for a hearing before the City Manager, or his designee, as to the validity of the fee and whether or not grounds for a waiver of the fee exist. At the conclusion of said hearing, the enforcement fee imposed may be confirmed, waived in accordance with the grounds set forth above, or modified. The decision shall be final.
(Res. 6013, passed 9-28-95)