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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER XIII. MISCELLANEOUS CRIMINAL JUSTICE FEES

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER XIII.
MISCELLANEOUS CRIMINAL JUSTICE FEES

Sec. A14-61. Copies of incident/crime reports.

There is hereby established a fee of $25.00 per report to be collected by the Sheriff's office prior to providing copies of incident/crime reports to authorized persons. Fees will be waived for the first report copy request by a victim of a crime; however, if any additional copies are provided to the victim there will be a charge as set forth above. If the victim's insurance company or other authorized representative requests a report copy, they will be charged for the first and succeeding copies requested.

(Ord. No. NS-300.528, 8-10-93)

Sec. A14-62. Disturbance requiring a second police response.

This section establishes a fee for costs incurred where a disturbance occurs at a premises during a party or gathering which is determined by the Sheriff's office to constitute a threat to the public peace, health, safety or general welfare, and a second response by Sheriff's personnel to such disturbance is made. The fee shall be charged as allowed in the cost recovery for law enforcement services program established in Section A14-65 for each officer assigned to the second call. The Sheriff's personnel utilized during the second response shall be deemed to be on special security assignment over and above the services normally provided. The person or persons in charge of the premises and the person or persons responsible for the event, or if any of those persons is a minor, then the parents or legal guardians of that minor, shall be jointly and severally liable for the cost of providing Sheriff personnel, damage to County property, and injuries to County personnel on special security assignment.

This section is not intended to impose a requirement of a second response by Sheriff's personnel to a disturbance where a determination is made that termination of the disturbance is necessary on the first response to keep the peace and ensure the health, safety, and general welfare of the public.

(Ord. No. NS-300.529, 8-10-93; Ord. No. NS-300.714, § 1, 6-24-03)

Sec. A14-63. Proof of correction fees.

There is hereby established a fee of $15.00 for certification of correction of each citation that request inspection for proof of correction of violations pursuant to California Vehicle Code § 40616 by the Sheriff's office.

(Ord. No. NS-300.530, 8-10-93; Ord. No. NS-300.711, § 2, 6-3-03)

Sec. A14-64. Examination of local records fee.

There is hereby established a fee of $25.00 for examination of local records pursuant to California Penal Code § 13322. An individual is authorized to view his own local summary criminal history records pursuant to Penal Code § 13320 et seq. Fees are to be collected at the time that an application to review records is made and is nonrefundable.

(Ord. No. NS-300.531, 8-10-93)

Sec. A14-65. Cost recovery for law enforcement services.

There is hereby established a cost recovery program which authorizes the office of Sheriff to recover actual costs not to exceed the actual administrative costs, including applicable overhead costs as permitted by federal Circular A-87 standards for the following services:

(a) Services provided to others for local summary criminal history background checks pursuant to California Penal Code § 13300(f);

(b) Warrant processing services provided to other agencies that do not maintain their own warrants;

(c) Requests for sealing of certain criminal records authorized under California Penal Code § 1203.45(g), in an amount not to exceed $120.00;

(d) Latent fingerprint services including requests from other law enforcement agencies for specialized crime scene processing for fingerprints, examination of latent fingerprints;

(e) Background investigations, background checks, and site inspections for County permits or other permits requiring a background check be conducted by the Sheriff's office; and

(f) Any other services rendered above and beyond normal law enforcement services.

(Ord. No. NS-300.532, 8-10-93; Ord. No. NS-300.605, 10-21-97)

Sec. A14-66. Emergency response cost recovery program.

(a) Liability for emergency response. Any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of a motor vehicle, boat or civil aircraft caused by that influence proximately causes any incident resulting in an appropriate emergency response by a County agency, and any person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response by a County agency, is liable for the expense of an emergency response by a public agency to the incident. "Emergency response" shall include incidents where emergency lights and sirens are used by Sheriff's patrol, medical or fire units responding to the incident.

(b) Amount of fee. Operators will be billed for costs directly arising because of the response to the particular incident including the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident. In no event shall a person's liability exceed $1,000.00 for a particular incident.

(Ord. No. NS-300.533, § 1, 8-10-93)

Sec. A14-67. Criminal justice fees.

(a) There is hereby established an administrative screening fee of $25.00 to be collected from each person arrested and released on his or her own recognizance upon conviction of any criminal offense related to the arrest other than an infraction.

(b) There is hereby established a citation processing fee in the amount of $10.00 to be collected from each person cited and released by any County officer or agent in the field or at a jail facility upon conviction of any criminal offense, other than an infraction, related to the criminal offense cited in the notice to appear.

(c) There is hereby established a criminal justice administration fee which will entitle the County to recover pursuant to Government Code § 29550(b), costs not to exceed the actual administrative costs, including applicable overhead costs a permitted by the federal Circular A-87 standards, incurred in booking or otherwise processing persons arrested by a County officer or agent at a Sheriff's booking facility and not at a County jail or detention facility if the person is convicted of any criminal offense related to the arrest.

(Ord. No. NS-300.534, 8-10-93)

Sec. A14-68. Establishment of transportation and personnel handling fee for decedents.

There is hereby established a fee of $150.00 which will entitle the County to recover actual costs incurred for the transportation and personnel handling of decedents pursuant to Section 27472 and Section 54985 of the Government Code.

(Ord. No. NS-300-602, § 2, 4-2-97; Ord. No. NS-300.717, § 1, 8-5-03)

Secs. A14-69, A14-70. Reserved.

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