§ 9-2509. ADMINISTRATIVE RECOVERY OF COSTS FOR CURFEW VIOLATORS.

For a violation of Section 9-2507, the City of Fresno may recover its administrative costs for processing violators of said Code section as follows:

(a) A law enforcement officer is authorized to temporarily detain any minor upon a reasonable suspicion based on articulable facts that the minor is in violation of Section 9-2507 and to transport that minor to his or her permanent or temporary residence within the State whether the place of residence is located within or without the City of Fresno, or to the custody of his or her parents or legal guardian. A law enforcement officer may decide not to temporarily detain and transport a minor if he or she determines that the minor has a legitimate reason based on extenuating circumstances for violating the ordinance.

(b) Upon the first violation of Section 9-2507, the law enforcement officer shall issue to the minor a warning citation regarding the consequences of a second violation of said section. A designated representative of the city shall mail to the parents or legal guardian of the minor a notification that states that upon a second violation and every violation thereafter, the parents or legal guardian may be held liable for actual administrative and transportation costs, and that requires the parents or legal guardian to sign and return the notification. This notification shall include a space for the explanation of any circumstances relevant to an applicable exemption from the fee as provided in subsection (d) below. This explanation shall be reviewed by a designated representative of the city. If the explanation is found to be insufficient, the representative may 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) 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 parents or legal guardian may be charged jointly or severally to the minor, his or her parents, legal guardian, in an amount not to exceed those actual costs.

(d) Upon petition of the person required to pay the fee, the city 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 parents or legal guardian, upon a finding of good cause. If authorized by the Council of the City of Fresno, the city may charge this fee, in which case the city may:

(1) Provide for a waiver of the payment of the fee by the parents or legal guardian 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 or parents or legal guardian has 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 payment of the fee by the parents or legal guardian upon the determination that the parents or legal guardian has limited physical or legal custody and control of the minor.

(e) The fees set forth herein shall be established annually by the Council in the Master Fee Schedule designated in the Master Fee Resolution. Said fees shall be based on the costs reasonably borne as set forth herein. All other procedures including the establishment of a hearing officer and procedures for the hearings and other administrative steps herein shall be established by resolution of the Council of the City of Fresno.

(f) The remedy in this Section 9-2508 is cumulative and does not preclude other remedies under the Fresno Municipal Code or other State, federal and local laws. Nothing herein shall preclude the city from seeking other legal or equitable remedies available to it by law.

(g) The provisions of this section shall be considered cumulative to all other laws, rules and regulations regulating curfew violations and other similar offenses. (Added Ord. 94-105, § 1, eff. 12-2-94).