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City of ORDINANCE NO. (Truancy) AN ORDINANCE OF THE CITY OF , , AMENDING THE MUNICIPAL CODE BY ADDING SECTIONS , AND RELATING TO JUVENILE TRUANCY THE CITY COUNCIL OF THE CITY OF DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of finds, determines and declares as follows: (a) There has been a general increase in crimes, including violent crimes, committed by juveniles in the area, as well as throughout the nation. The increase in juvenile criminal activit y is partly attributable to an increase in the juvenile truancy rate. The City of has been adversely affected by both in the increase in juvenile crime and the increase in juvenile truancy. (b) The Police Department must expend its already overburdened resources to supervise detained juveniles resulting from crimes such as truancy, curfew violations and other willful misconduct, and the resources expended on such supervision are extraordinary and far exceed the time and costs expended in performing normal police services. In light of current budgetary constraints, it is necessary to recover the costs expended beyond those for normal police services. SECTION 2. Chapter of Article of the Municipal Code is hereby amended by adding, thereto new Sections , and , to read as follows: "SECTION . MINORS: TRUANCY. "(a) It is unlawful for any minor under the age of eighteen (18) years, who is subject to compulsory education or to compulsory continuation education, to be absent from school and found in a public place, as defined in subsection (b) of this section, unless the minor has one of the valid excuses specified in subsection (c) of this section. "(b) For purposes of subsection (a) of this section, a minor is absent from school and found in a public place if said minor is found loitering, idling, wandering, strolling, playing, or aimlessly driving or riding about in or upon any public street, avenue, highway, road, curb area. alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot or unsupervised place, or any place open to the public between the hours of 8:30 a.m. and 1:30 p.m. of the same day on days when said minor's school is in session. "(c) The provisions of subsection (a) of this section shall not apply when: (1) The minor has in his or her possession a written excuse from the minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor, which excuse provides a reasonable explanation, as determined by the court, for the minor's absence from school; (2) The minor is accompanied by his or her parent(s), legal guardian(s) or other adult person(s) having the legal care or custody of the minor; (3) The minor is on an emergency errand directed by his or her parent(s), legal guardian(s) or other adult person(s) having legal care or custody of the minor; (4) The minor is doing directly to, or returning directly from, a medical appointment; (5) The minor has permission to leave campus and has in his or her possession a valid, school issued, off-campus permit; (6) The minor is going, directly to, or Returning, directly from, a public meeting or a place of entertainment, such as a movie, play, sporting event, dance or school activity provided such meeting, event or activity is a school-approved activity for the minor or is otherwise supervised by school personnel of the minor's school; or (7) The presence of the minor in said place or places is connected with, or required by, a school-approved or school-related business, trade, profession or occupation in which said minor is lawfully engaged." "(d) Violation of subsection (a) of this section shall constitute an infraction punishable by a fine as set forth in subsection (d) of section of this code; provided, however, the court may set aside the fine, or any portion thereof, if the fine is based on the minor's first infraction under this section and the minor produces proof satisfactory to the court that the following, has occurred during, the period between the initial hearing on the infraction and any subsequent hearing set by the court: (1) The minor has had no unexcused absences from school; and (2) The minor has performed ten (10) hours of court-approved community service during times other than the minor's hours of school attendance; or (3) The minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or Custody of the minor has or have attended a parenting class or a series of parenting classes approved by the court. "SECTION . HEARING REQUIREMENT - PARENTAL OBLIGATION TO ATTEND. A minor cited for an infraction under section of this code must attend a court hearing, on the infraction and must be accompanied at the hearing by his or her parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of the minor. If any such parental or custodial person fails to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the court shall continue the hearing and shall issue a citation to said parental or custodial person directing that person to appear at the continued hearing with the minor. "SECTION . PROHIBITED ACT -- COST RECOVERY" A. Determination by Court. When, based on a finding of civil liability or criminal conviction for the violation of curfew, for being absent from school and found in a public place in violation of Section of the Municipal Code or for misconduct in violation of Welfare & Institutions Code Section , a minor under eighteen years of age is detained for a period of time in excess of one (1) hour, which required the supervision of the juvenile offender by personnel of the Police Department, the parent(s), legal guardian(s), or other adult person(s) having, the legal care or custody of the minor shall be jointly and severally liable for the cost of providing such personnel over and above the detention, processing and supervision services normally provided by said department. B. Determination by Chief of Police. As determined by the Chief of Police or his or her designee, the parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of a minor who has committed any public offense as described in subsection (A), may be assessed, and billed for, the cost of providing the personnel for the services relating, to the detention, processing and supervision of the minor. C. Appeal. Any person wishing, to appeal a bill for police services pursuant to this Section must, within fifteen (15) days after the billing date, file a written request appealing the impositi on 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 his or her designee, as the hearing officer. Within ten (10) days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the films 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 (30) days after notice of the decision of the hearing officer."SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. ATTEST: ______________________________ City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DOWNEY Unanimously adopted , 20 ______________________________ Mayor