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HomeMy WebLinkAboutOrd 1993-2549 ORDINANCE NO. 2549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 9.20.040 OF THE CHULA VISTA MUNICIPAL CODE TO PERMIT THE POLICE CHIEF TO OFFER A DIVERSION PROGRAM OF COMMUNITY SERVICE WITH PARENTAL SUPERVISION TO MINORS ENGAGING IN CRIMINAL ACTIVITY AND ADULTS COMMITTING GRAFFITI OFFENSES WHEREAS, graffiti is a major problem facing South San Diego County cities; and, WHEREAS, Chula Vista is attempting to encourage all South Bay cities, the County, and the juvenile court judges, prosecutors and probation officers to agree on a coordinated approach to solving the graffiti problem; and, WHEREAS, one significant element of that battle is to efficiently administer rehabilitation to the graffiti violator by quickly assigning the violator to a significant period of community service {30 hours), and requiring the parent or guardian to be present during that community service (504 of the assigned hours}; and, WHEREAS, this modification to our graffiti ordinance will empower the police chief to make those offers in lieu of commencing prosecution of the violator; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Section 9.20.040 ("Punishment Provisions") of Chapter 9.20 {"Property Defacement"} is hereby amended as follows: "9.20.040 Punishment provisions. A. Police Diversion Program; Community Service with Minimum Hours and Parental Involvement. In lieu of, or as part of, requesting prosecution of a petition to declare a minor to be a ward of the court under Welfare and Institutions Code Section 602 (including but not limited to, offenses which, in the opinion of the Police Chief, constitute a violation of this Chapter), or in lieu of prosecuting a violation of this Chapter as a crime against an adult, the Police Chief with the approval of (or according to rules and procedures approved by) the City Manager, shall be authorized to offer said minor or adult an option to perform such community service as the Police Chief deems appropriate, but which community service shall, if offered at all, contain the following minimum elements: Ordinance No. 2549 Page 2 1. The minor shall perform at least 30 hours of community service. 2. At least one of the custodial parents, or if none, guardians, shall be in attendance at least 504 of the period of assigned community service. 3. The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police. 4. Reasonable effort shall be made to assign the subject minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult. To the extent that the offense giving rise to the offer of community service constitutes a violation of this Chapter, reasonable effort shall be made by the Chief of Police to assign the minor to community service which constitutes in significant part the removal of graffiti. B. Mandatory Juvenile Delinquent Community Service. Any minor determined to be a ward of the court under Welfare and Institutions Code Section 602 as a result of committing an offense in the City shall be required, at the City's option, to perform community service, including graffiti removal service of not less than 30 hours nor more than 80 hours. C. Penalties for Violation. Any and all violations of this chapter shall be punishable either as an infraction or a misdemeanor, at the discretion of the City Attorney. SECTION II. This ordinance shall take and be in full force and effect 30 days after the fi al adoption hereof. City Attorney Ordinance No. 2549 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of April, 1993, by the following vote: AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: E~everly/A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2549 had its first reading on March 30, 1993, and its second reading and adoption at a regular meeting of said City Council held on the 13th day of April, 1993. Executed this 13th day of April, 1993.