Chapter 4.135
POLICE SERVICE FEES
Sections:
4.135.010 Fees for second responses by officers to loud parties or gatherings.
4.135.030 Discretion of officers to cite and release or incarcerate.
4.135.040 Cite and release – Failure to appear for booking shall be deemed a misdemeanor.
4.135.050 Payment of booking fees.
4.135.060 Failure to pay booking fees due to indigent circumstances.
4.135.070 Police vehicle replacement fee.
4.135.010 Fees for second responses by officers to loud parties or gatherings.
When a large party or gathering occurs at a premises and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person in charge of the premises and the person responsible for the event, or, if either of those persons is a minor, then the parents or guardians of that minor, will be held jointly and severally liable for the cost of providing police personnel on special security assignment over and above the services normally provided by the department. The police personnel utilized during a second response after the first warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the service normally provided. The costs of such special security assignment may include minor damages to city property and/or injuries to city personnel. A fee charged will not be in excess of $500.00 for a single incident. The city reserves its legal options to elect to pursue any other legal remedies when said costs or damage exceed $500.00. (Ord. 754 § 1; Ord. 775 § 2. Code 1997 § 21A-36)
4.135.020 Police chief authorized to collect booking fees from persons booked into police department pursuant to arrest.
The chief of police shall be authorized to collect a booking fee from each person booked into the police department pursuant to arrest by any officer.
Such fee shall be set forth in a departmental order and shall not exceed the reasonable costs of administration of the booking process. Such order shall also set forth procedures to be utilized by the police department in the booking of those placed under arrest. (Ord. 775 § 2. Code 1997 § 21A-37)
4.135.030 Discretion of officers to cite and release or incarcerate.
Under departmental order established by the chief of police, officers shall have the authority and discretion to cite and release in the field any person arrested for a crime for which, in the best judgment of the officer, release of the person arrested does not pose a significant risk to the safety and welfare of the community at large.
Where, in the best judgment of arresting officer, the public’s safety and welfare may be jeopardized if the person arrested is cited and released, the arrestee shall be immediately booked and placed in the county jail through customary booking and incarceration procedures. (Ord. 775 § 2. Code 1997 § 21A-38)
4.135.040 Cite and release – Failure to appear for booking shall be deemed a misdemeanor.
Any person placed under arrest by an officer, cited, and released to appear for booking at the police department at a later time who fails to appear for booking at the specified time shall be deemed guilty of a misdemeanor and shall be assessed penalties set forth in SLTCC 1.05.060. (Ord. 775 § 2. Code 1997 § 21A-39)
4.135.050 Payment of booking fees.
Police department booking fees or incarceration booking fees shall be added to the amount fixed by the court for bail of the arrestee, and shall be payable at the time bail is posted or the prisoner is released on his own recognizance. The municipal and superior courts are hereby requested to make all required changes to the applicable bail schedules to carry out the purpose and intent of this section. (Ord. 775 § 2. Code 1997 § 21A-41)
4.135.060 Failure to pay booking fees due to indigent circumstances.
Upon finding of the court that a person arrested and subsequently assessed a booking fee is indigent and therefore lacks sufficient funds to pay such fee in accordance with this chapter, such fee may be waived by order of the court. (Ord. 775 § 2. Code 1997 § 21A-42)
4.135.070 Police vehicle replacement fee.
In order to equitably share the costs of acquiring and replacing police department vehicles as required to ensure safe and consistent operation, it is necessary to levy a fee to offset a portion of these costs on those benefiting from these safety services.
Therefore, the city of South Lake Tahoe does hereby impose a fee of $20.00 per residential unit annually on all such units within the city, including apartments and mobile homes. Any residential unit already paying a parcel fee to El Dorado County Service Area #3 for snow removal equipment replacement shall receive a credit against the fee charged by this chapter to the extent the parcel fee has been paid.
Such fee shall be due and payable in conjunction with, and at the same time as, the business license fee collected by the city under Chapter 3.35 SLTCC. Failure or refusal to pay the fee when due shall result in assessment of the same penalties imposed on those who fail to pay the business license fee. (Ord. 776 § 1. Code 1997 § 21A-43)