§ 5-14.05. Parents; liability for lack of supervision over minors.

(a)

Civil penalty. Every parent or guardian who, by any act or omission, or by threats, contributes to, or induces or endeavors to induce any minor to fail or refuse to conform to any lawful order of law enforcement personnel, probation department, or of the juvenile court, or to conform to the requirements of the Simi Valley Municipal Code concerning the curfew or is taken into temporary custody pursuant to Education Code Section 48264, shall be subject to a civil penalty. For purposes of this section, a parent or guardian to any person under the age of eighteen (18) years shall have the duty to exercise reasonable care, supervision, protection and control over their minor child or ward.

Any person who violates the provisions of this section shall be liable for a civil penalty up to, but not to exceed, Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars for each violation, which shall be assessed and recovered in a civil action brought by the City Attorney, in addition to any other remedy provided by law.

(b)

Cost recovery. As determined by the Chief of Police, or his or her designee, the parent(s) or guardian of a minor committing any public offense amounting to a violation of Welfare and Institutions Code Section 602, where police personnel provide services relating to the detention, processing or supervision of minors, may be assessed, and billed for, the cost of providing such personnel for such services.

(c)

Appeal. Any person receiving a bill for police services pursuant to this section may, within fifteen (15) days after the billing date, file a written request appealing the imposition of said charges. Any billing sent 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 filing of a request for an appeal, payment of the bill for the police service 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.

(d)

Minors: Exceptions. The provisions of subsections (a) through (c) hereinabove shall not apply when the minor, at the time of the occurrence, was:

(1)

Accompanied by the minor's parent(s) or guardian;

(2)

On an errand at the direction of the minor's parent(s) or guardian, without any detour or stop;

(3)

In a motor vehicle involved in interstate travel;

(4)

Engaged in an employment activity, or in attendance at a place of public entertainment, such as a movie, play, or sporting event, or going to or returning home from such activity, without any detour or stop;

(5)

Involved in an emergency;

(6)

On the public sidewalk abutting the minor's residence or abutting the residence of a next door neighbor, providing that:

(i)

The neighbor did not complain to the police department about the minor's presence; or

(ii)

The minor was not aware of the neighbor's complaint;

(7)

Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City, Simi Valley Unified School District, Rancho Simi Recreation and Park District, a civic or religious organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, Simi Valley Unified School District, Rancho Simi Recreation and Park District, a civic or religious organization, or another similar entity that takes responsibility for the minor;

(8)

Exercising free speech protected by the United States and California Constitutions;

(9)

Married, previously married or otherwise emancipated; or

(10)

On active duty as a member of the United States Military.

(§ 2, Ord. 861, eff. June 20, 1996)