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HomeMy WebLinkAboutReso 07-2006 RESOLUTION NO. 07-2006 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF PROCEDURES CONCERNING THE HANDLING OF CASES INVOLVING JUVENILE CURFEW OFFENDERS AND THE ESTABLISHMENT OF A COST RECOVERY POLICY FOR COSTS OF ADMINISTRATIVE AND TRANSPORTATION SERVICE COSTS RESULTING FROM ENFORCEMENT OF CHAPTER 10.44, "MINORS - CURFEW" WHEREAS, South San Francisco Municipal Code Chapter 10.44 establishes a curfew prohibiting any minor person under the age of eighteen years froIn loitering in, upon or about the public streets, avenues, alleys, parks, buildings or other public places, or any eating establismnent, between the hour of 10 p.In. and sunrise the following morning; and WHEREAS, pursuant to Chapter 10.44, violations of the City curfew ordinance are subject to criminal prosecution; and WHEREAS, Project N.E.A.T. (Neighborhood Enhancement Action Temn) IS a comInunity service alternative to traditional criminal penalties; and WHEREAS, the City Council finds that Project N.E.A.T. is beneficial to juveniles as an alternative to forwarding the traffic citation received by the minor for a curfew violation to Juvenile Traffic Court; and WHEREAS, the City Council finds that there is a need for the recovery of administration and transportation costs incurred by the City in enforcing the curfew ordinance; and WHEREAS, the recovery of costs associated with the administration of the curfew ordinance and the transportation costs incurred in returning the Ininor to his or her place of residence, or to the custody of his or her parents or legal guardian, is authorized pursuant to Welfare and Institutions Code 625.5; and WHEREAS, the City Council finds that in order to impleInent the use of Project N.E.A.T. as an alternative and recover costs there is a need for the City to adopt procedural guidelines for such actions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby authorizes the establismnent of the procedures concerning the handling of cases involving juvenile curfew offenders and the establismnent of a cost recovery policy for costs of administration and transportation service costs as substantially set forth in Attacmnent 1. 800890-1 * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 25th day of January 2006 by the following vote: AYES: CouncihneInbers Pedro Gonzalez and Karvl MatsuInoto, Vice Mavor Richard A. Garbarino and Mavor Joseph A. F emekes NOES: Councihnan Mark N. Addiego ABSTAIN: ABSENT: ATTEST: 800890-1 Attacmnent 1 Title: JUVENILE CURFEW VIOLATIONS Purpose: EnforceInent of curfew violations in South San Francisco and to encourage parents and legal guardians to exercise reasonable care, supervision, and control over their Ininor children to prevent theIn froIn either becoming a victim of crime, or comInitting unlawful acts. Policy: To establish a uniform process in handling cases involving juvenile curfew offenders including: Issuing Citations, N.E.A.T. Diversion, Juvenile Traffic Court Appearance, and Cost Recovery. PROCEDURE: A. Definitions: 1. Curfew Hours Designated: Curfew hours are regulated by South San Francisco Municipal Code section 10.44.010. It is unlawful for any minor person under the age of eighteen years to loiter in, upon or about the public streets, avenues, alleys, parks, buildings or other public places, or any eating establismnent, between the hour of 10 p.In. and sunrise the following Inorning. 2. Curfew Hours Exceptions: The provisions of this section shall not apply to the following circumstances: a. When the minor is accompanied by his or her parents, guardian or other adult having the legal care, custody or control of the minor. b. When the Ininor is upon an emergency errand directed by his or her parent, guardian or other person having legal care, custody or control of the minor. c. When the minor is going to or returning frOln a place of work or a Ineeting, dance, recreation activity or other event organized or sponsored by a school or community group. d. When the Ininor is going to or returning from a private residence at which the minor is or was an invitee. 3. Jurisdiction: The Juvenile Court Hearing Officer Inay hear and dispose of any case in which a minor under the age of 18 years of age as of the date of the alleged curfew violation pursuant to W &I code 256. B. Issuing Citations: 1. When an officer detennines that a minor is in violation of curfew, the Ininor may be issued a misdemeanor citation for MC 10.44.010 on a South San Francisco traffic citation. 801761 1 Attacrnnent 1 2. Citations can be issued in the field or at the Police DepartInent prior to the release of the minor to a parent/guardian or other responsible adult who can take custody or control of the minor. 3. The parent/guardian and minor must sign an "Acknowledgm~nt of Curfew/Cost Recovery Notice" prior to the release of the minor, which will be attached to the original report and filed in Records. If the parent/guardian is not available or present upon the release of the Ininor, the report will need to be continued in order to cOInplete additional follow-up work. The case officer will conduct or facilitate the follow-up by contacting the parent/guardian and obtain a signature on the "Acknowledge of Curfew/Cost Recovery Notice." If a parent/guardian refuses to sign this notice, the officer will print "Declined to Sign" on the signature line of the notice. 4. Formal reports are required when issuing curfew violation citations. The narrative of the report should be brief and contain enough infonnation to refresh the officer's recollection should the offense be prosecuted in Juvenile Traffic Court. The report should include the elements of the violation, statement of minor, style of dress, whether or not the Ininor is cooperative, etc. Juvenile Contact Reports are not required when issuing citations for curfew violations. 5. Officers will indicate on the citation whether the curfew violation is the first, second, third, etc., offense. This will assist the Juvenile Traffic Court Hearing Officer to determine the most appropriate disposition available for the rehabilitation of the minor. The Hearing Officer may warn the juvenile, increase bail for repeat offenses, refer the juvenile to diversion counseling programs, and apply probation conditions. C. Dispositions: 1. Upon a minor's first violation of South San Francisco's curfew ordinance, officers may utilize Project N.E.A.T. as an alternative to forwarding the traffic citation to Juvenile Traffic Court. The Ininor Inust be at least 12 years of age to be eligible for Project N.E.A.T. The minor shall sign the citation and will not be given a copy. All three copies shall remain intact and subInitted to the on-duty shift supervisor for processing (procedure # 191 outlines processing). 2. Fonnal reports are required for Project N.E.A.T. referrals. The narrative of the report should be brief and contain enough infonnation to refresh the officer's recollection should the offense be prosecuted in Juvenile Traffic Court. The report should include the eleInents of the violation, stateInent of minor, style of dress, whether or not the minor is cooperative, etc. Juvenile Contact Reports are not required. 3. When considering utilizing Project N.E.A.T., officers will determine whether or not the minor would reasonably be able to complete the program requirements. AInong the facts to consider are the city in which the minor resides and whether or not they have transportation available enabling them to meet the program requirements. 801761 1 Attacmnent 1 4. When officers issue the minor a "Juvenile Citation Referral to Project N.E.A.T.", the minor will be provided a N.E.A.T. referral card that is completed by the officer. Officers will make a copy of the citation and write "N.E.A.T. Referral" on top of the copy and route the copy of the citation to the shift supervisor. The shift supervisor will then forward the copy to the C.I.B. secretary. 5. The C.I.B. secretary will flag the citation and enter it in the computer with "N.E.A.T. Referral" noted in the comments section. The C.I.B. secretary will retain all three copies of the citation and give the photocopy of the citation to the COPPS officer who will enroll the minor in the program. 6. In the event the violator does not fulfill the Project N.E.A.T. requireInents satisfactorily, the COPPS Corporal will forward the court copy of the citation to Juvenile Traffic Court for prosecution. D. Cost Recovery: 1. Upon the Ininors' first curfew violation of South San Francisco's curfew ordinance, the parent/guardian and minor will sign an "Acknowledgment of Curfew/Cost Recovery Notice" that will be filed with the original case report in Records. 2. For subsequent curfew violations parents/ guardians will be held financially liable for. administrative and transportation costs resulting fro In the minor violating the curfew ordinance. Welfare & Institution Code 625.5(b) authorizes local agencies to recoup administrative and transportation costs associated with a minor violating a curfew ordinance. Cost recovery pursuant to Welfare & Institution Code 625.5 has been authorized by Resolution 3. The formula used to calculate the cost recovery fee shall be based on averaging the base hourly wages of a Police Officer I and Police Sergeant, plus 40% for benefits. COMMENT: The "Warning Notice" and "Cost Recovery Notice" established this fee as a flat $85 fee. The Staff Report for any proposed resolution/ordinance should contain sufficient information to show that the use of this fonnula results in the $85 flat fee. 4. Parents/guardians may appeal the cost recovery fees by contacting the COlmnunity Relations Sergeant within 15 days of being served with the "Acknowledgment of Curfew/Cost Recovery Notice." The Community Relations Sergeant will schedule a formal appeal hearing to detennine if there are mitigating circumstances that should be considered. 5. The following factors may be considered when evaluating whether or not there is cause to grant the parent/guardian an exeInption from cost recovery fees: a. Parents or guardians have made every reasonable effort to exercise supervision and control over the minor. 801761 1 801761 1 Attachment 1 b. A determination is made that the parents or guardians do not have the ability to pay for fees charged. c. The parents or guardians request that Ininor participate in Project N.E.A.T. in lieu of imposition of fees (this option can be considered on each curfew violation). d. A detennination is Inade that the parent or guardian has liInited physical or legal custody and control of the Ininor.