Ordinance Number 761249
ORDINANCE NO. 761
0 F41 1 -.1 1► 1 1
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADDING SECTION 1-2.09 TO THE SAN JUAN CAPISTRANO MUNICIPAL ._
CODE RELATING TO JAIL BOOKING FEES FOR PERSONS ARRESTED IN
THE CITY OF SAN JUAN CAPISTRANO AND SUBSEQUENTLY CONVICTED
WHEREAS, the County of Orange, pursuant to the authority of Senate Bill 2557,
imposes on the City of San Juan Capistrano a Criminal Justice Fee for all persons who are "booked"
into the County jail; and,
WHEREAS, Senate Bill 21 added Section 29550.1 to the Government Code to allow
cities to recover this fee from the person arrested and convicted; and,
WHEREAS, the County of Orange has imposed "booking fees" on the City beginning
August 1, 1993; and,
WHEREAS, the cost is not reimbursed, no budget increase has been available to pay
for it, and it is a net loss of City financial resources; and,
WHEREAS, the loss of financial resources has negatively impacted the City's ability
to provide a high level of services to the public, including services which affect health, safety and
welfare.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Booking Fees.
Chapter 2 of Title 1 of the San Juan Capistrano Municipal Code is hereby amended
by adding Section 1-2.09 thereto to read as follows:
"Section 1-2.09. Jail Booking Fees, Recovery.
"Any person convicted of any criminal offense related to an arrest and booking at the
County jail shall pay to the City any criminal justice administration fee imposed on the City by the
County of Orange."
SECTION 2. Severability.
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 hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof declared invalid or unconstitutional.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage. -
SECTION 4. Cb Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to
be published once as required by law and posted at the duly designated posting places within the City
of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 7th day of
March 1995.
L
CAROLYN WASK MAYOR
ATTEST:
CITY CLERYa
-2-
251
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No.
761 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on February 21st , 1995, and adopted at a meeting
held on March 7th 1995, by the following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) �}
CHERYL JOHNWN, MY CLERK
-3-