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HomeMy WebLinkAboutORD 08(2013)ORDINANCE NO. 08(2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING CHAPTER 9.02 TO TITLE 9 OF THE DIAMOND BAR CITY CODE ESTABLISHING A REWARD FOR INFORMATION LEADING TO THE ARREST OR CONVICTION OF A PERSON DAMAGING PROPERTY AS A RESULT OF A RESIDENTIAL BURGLARY WHEREAS, Pursuant to section 53069.5 of the Government Code, the City of Diamond Bar is authorized to offer and pay a reward for information leading to the identification and apprehension of any person who willfully damages or destroys any property; and WHEREAS, residential and vehicular burglaries are of significant concern and, in nearly all cases, such burglaries result in damage to real and personal property during the course of the burglary and damage, destruction and loss of personal property as a result of the burglary; and WHEREAS, the City Council and the Los Angeles County Sheriff's Department have determined that a rewards program is a valuable addition to local policing efforts and an effective method of engaging the public to assist in solving these crimes. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: SECTION 1: A new Chapter 9.02 entitled "Reward For Crime Information" commencing with section 9.02.010 is hereby added to Title 9 of the Diamond Bar City Code to read as follows: "CHAPTER 9.02 REWARD FOR CRIME INFORMATION" Sec. 9.02.010. - Reward for information. The City Council is authorized to offer and pay a reward for information leading to the identification and arrest of any person or persons who willfully damages or destroys any real or personal property. No City employee or employee of the Los Angeles County Sheriff's Department ("Sheriffs Department") shall be eligible for a monetary reward under this Chapter. Sec. 9.02.020. - Reward amount. A reward of up to $500 may be paid by the City, at its sole and complete discretion, to any person who provides information which leads to the determination of the identity and arrest of any persons who damages or destroys any real or personal property as a result of a residential or vehicular burglary or attempted residential or vehicular burglary. The City Council may, by resolution, adjust the amount of the monetary reward. Sec. 9.02.030. - Procedure. Upon finding that the receipt of information from an individual or individuals has led to the identification and arrest of a person or persons suspected of damaging or destroying real or personal property as a result of a residential or vehicular burglary, or attempted residential or vehicular burglary committed within the City, the Sheriffs Department may recommend that a reward be disbursed. The recommendation shall be forwarded to the reward committee in writing and must include all pertinent information, including the specific date and location of the incident, description of damaged or destroyed property, case number, name of the person of persons suspected of the damaged or destroyed property, and the name, address, anc telephone number of the witness or informant providing the relevant information. Sec. 9.02.040. - Reward Committee. The reward committee shall consist of the City Manager or designee and a sworn member of the Sheriff's Department. The reward committee shall consider and verify the Sheriff's. Department's recommendation and ensure that the information provided was directly relevant to the identification and arrest of the suspects and that there was damage to real or personal property as a result of the residential or vehicular burglary or attempted residential or vehicular burglary. For purposes of determining damage to real or personal property, the loss of temporary or permanent use of real or personal property shall satisfy this requirement. Upon unanimous confirmation of the recommendation's validity, the reward committee may disburse the reward upon. The decision of the reward committee is final. 9.02.050. - Confidentiality. The City Council finds that releasing the name, address, telephone number, and any other pertinent information of which would lead to identifying a person receiving a reward would discourage persons from providing such information and would undermine the purpose of providing the reward and this Chapter. The City will endeavor to treat all such information a- not being a public record with the recognition that public records are governed by State law which the City is required to follow. SECTION 2: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 3: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the -City of Diamond Bar's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 4- This Ordinance will become effective 30 days after its final passage. Passed, Approved and Adopted this 15th day of October , 2013. Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 1st day of October , 2013 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of October , 2013, by the following vote: AYES: COUNCIL MEMBERS: Chang, Tye, MFT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: Noes ABSENT: COUNCIL MEMBERS: Herrera ABSTAINED: COUNCIL MEMBERS: None Tomm a Cribbins, City Clerk