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Home My WebLink AboutORD 751 (1977) 1 ORDINANCE NO. 751 -. AN ORDINANCE OF THE CITY OF TUSTIN ADDING ~ SECTION 1731, ADDING SUBSECTIONS (h) AND (i) TO SECTION 3212, ADDING SUBSECTIONS 4 (d) AND (c) TO SECTION 3222, AMENDING SECTION 3228, ADDING SUBSECTIONS (d) AND ~ (e) TO SECTION 3303, ADDING SUBSECTIONS (i) AND (j) TO SECTION 3412, AND BY AMENDING 6 SECTION 3443 OF THE TUSTIN CITY CODE RELATING TO ACCESS TO STATE SUMMARY CRIMINAL 7 HISTORY RECORD INFORMATION FOR EMPLOYMENT AND LICENSING PURPOSES 8 9 The City Council of the City of Tustin does ordain that the Tustin City Code be amended as follows: 10 SECTION I: Section 1731 is added to the Tustin City 11 Code to read as follows: "1731 E~LOY~NT - STATE SU~RY REPORT a' Disqualification 14 A person shall be prima facie disqualified 15 for city employment if he has been convicted of a felony. As used herein, the term 16 "conviction" includes pleas of guilty and 17 nolo contendre. The Personnel Officer is specifically authorized to obtain state 18 summary criminal history record information 19 as provided for in Section 11105 of the 20 Penal Code of the State of California. 21 b Appeal 22 An applicant who is thus prima facie disqualified for employment may make an appeal in writing ~4 to the City Administrator. The City Administrator ~5 shall consider the mitigatj_ng factors, such as, but not limited to, evidence of rehabilitation, 26 length of time elapsed since such conviction, ~7 the age of the person at the time of the conviction, ~8 contributing social or environmental conditions, the nature and seriousness of the conduct, the 29 ~ circumstances surrounding the conduct, the position for which the person is applying and whether the conviction is unrelated to that position. The City Administrator shall render a decision based on the~above factors which shall be final and conclusive. 403 1 c Peace Officers Notwithstanding the general ap]~eal rights given applicants in this chapter applicants , for a position as Peace-officer shall be 4 conclusively disqualified for conviction of 5 a felony and hav~ no rights of appeal. d Employment Without Reports Not Considered 7 Permanent No person employed after Septe~nber 1 1977 shall be considered to have permanent employment, 9 tenure, or service with the City until a report 10 has been received from both the local law enforcement agency and the Attorney General s 11 ' Office, and the Personnel Officer has acted 1~ pursuant ~o those reports.,, 14 SECTION II: SectiOn 3212 of the Tustin City Code is 15 hereby amended by the addition of subsec.tions (h) and (i) to 16 read as follows: 17 "3212 PERMIT 18 .... 19 h Applicant's Conviction of a Felony A person shall be prime facie disqualified ~0 for a dance permit if he has been convicted 21 of a felony. As used herein, the term ~2 "cOnviction" includes pleas of guilty and nolo contendre. The members of the License ~5 and Permit Board, as the members of the 4 issuing body, are specifically authorized ~5 to obtain state summary criminal history record information as provided for in Section 26 11105 of the Penal Code of the State of 27 California. - .... i Appeal ~'~' An applicant who is thus prime facie disqualified 50 for a permit or license may make. an appeal in 51 writing to the City Administrator~ The.City -2- 404 .1 Administrator shall consider the mitigating factors, such as, but not limited to, evidence Z of rehabilitation, length of time elapsed since ~ such conviction, the age of the person at the 4 time of the conviction, contributing social or environmental conditions, the nature and seriousness of the conduct, the circumstances 6 surrounding the conduct and whether the 7 conviction is unrelated to the. permi~ or license. The City Administrator shall render 8 a decision based on the above factors, which 9 shall be final and conclusive." I0 11 SECTION III: Section 3222 of the Tustin City Code is hereby amended by the addition of subsections (d) and (e) to read as follows: 14 "3222 PE~4IT 15 d Applicant's Conviction of a Felony 16 A person shall be prima facie disqualified for 17 an entertainment permit if he has been convicted of a felony. As used herein, the term "conviction" 18 includes pleas of guilty and nolo contendre. 19 The members of the License and Permit Board, 20 as the members of the issuing body, are specifically authorized to obtain state summary 21 criminal history record information as provided ~ for in Section 11105 of the Penal Code of the 25 -State of California. 24 e Appeal 25 An applicant who is thus prima facie disqualified ~6 for a permit or license may make an appeal in writing to the City Administrator. The City Administrator shall consider the mitigating 28 factors, such as, but not limited to, evidence ~9 of'rehabilitation, length of time elapsed since~ such convicti6n, the age of the person at the 30 time of the conviction, contributing social or ~1 environmental conditions, the nature and seriousness 32 - 405 1 of the conduct, the circumstances surrounding Z the conduct and whether the conviction is unrelated to the permit or license. 3 The City Administrator shall render a decision based on 4 the above factors, which shall be final and 5 conclusive. - 6 // 7 // 8 // 9 // 10 // 12 // 12 // lS // 15/1 ~6// ,~7 // ~,8// ,-9 1/ ~// '~ // 2s 1/ // ~s// ~6// 2~// .... ~// ~-.// ~o//- ~z// 406 ~ SECTION IV.: Section 3228 of the Tustin City Code is amended to read: Z ~ "3228 CARNIVALS, CIRCUSES, FAIRS AND OTHER ~USEMENTS 4 a PelTnit Required ~]o person shall establish, set up, maintain, exhibit, 5 participate in, conduct, or carry on, in the City of Tustin, any boxing or wrestling exhibition, carnival, 7 circus, fair, ferris wheel, marathon, zoo, menagerie, 8 merry-go-round, rodeo, trained animal show, wild animal show, traveling show, wild west show, parade, 9 street dance, or any other similar or related type of 10 amusement, place or activity, with or without a 11 charge being made therefor, except in accordance with a permit to do so issued by the License and Permit Board. (Ord. No. 382, Sec- 3(c)) 15 14 b Applicant's Conviction of a Felony A person shall be prima facie disquaiified for a 15 carnival permit if he has been convicted of a 16 felony. As used herein, the'term "conviction" 1~ includes pleas of guilty and nolo contendre- The me-mbers of the License and Permit Board, as 18 the members of the issuing body, are specifically 19 authorized to obtain state summary criminal ~0 history record information as provided for in Section 11105 of the Penal Code of the State of California. ~ c Appeal An applicant who is thus prima facie disqualified for a permit or license n~ay make an appeal in 25 writing to the City Administrator. The City ~6 Administrator shall consider the mitigating factors, such as, but not limited to, evidence 27 of rehabilitation, length of time elapsed since 28 such conviction, the age of the person at the ~9 time of the conviction, contributing social or environmental conditions, the nature and 50 seriousness of the conduct, the circumstances surrounding the conduct and whether the conviction is unrelated to the permit or license. The City Administrator shall render a decision based on the above factors, which shall be final and conclusive." 4 SECTION V: Section 3303 of the Tustin City Code is --~ 5 hereby amended by the addition of subsections (d) and (e) to read as follows: 7 "3303 PE~4IT 8 .... d Applicant's Conviction of a Felony 9 A person shall be prima facie disqualified for 10 a permit if he has been convicted of a 11 felony. As used herein, the term "conviction" includes pleas of guilty and nolo contendre. The members of the License and Permit Board, 15 as the members of the issuing body, are 14 specifically authorized to obtain state summary criminal history record'information as provided for in Section 11105 of the PenaI Code of the !6 State of California. e Appeal 18 An applicant who is thus prima facie disqualified ~9 for a permit or license may make an appeal in 20 writing to the City Administrator. The City Administrator shall consider the mitigating factors, such as,· but not limited to, evidence 22 of rehabilitation, length of time elapsed since 25 such conviction, the age of the person at the time of the conviction, contributing social or environmental conditions, the nature and· 25 seriousness of the conduct, the circumstances 26 surrounding the conduct and whether the conviction is unrelated to the permit or license. ' The City Administrator shall render a decision 28 based on the above factors, which shall be final ~,~29 and conclusive." ~ 50 // // // -5- 408 ~ SECTION VI: Section 3412 of the Tustin City Code is hereby amended by the addition of subsections (i) and (j) to read as follows: 4 "3412 TAXICABS ~D STANDS i Applicant's Conviction-of a Felony A person shall be prima facie disqualified 6 for a permit if he has been convicted of a 7 felony. As used herein, the term "conviction" 8 includes pleas of guilty and nolo contendre. 'The members of the License and Permit Board, 9 as the members of the issuing body, are i0 specifically authorized to obtain state summary 11 criminal history record information as provided for in Section 11105 of the Penal Code of the 12 State of California. 14 j Appeal An applicant who is thus prima facie disqualified 15 for a permit or license may make an appeal in 16 writing to the City Administrator. The City 17 Administrator shall consider the mitigating factors, such as, but not limited to, evidence 18 of rehabilitation, length of time elapsed since 19 such conviction, the age of the person at the time of the conviction, contributing social' or 'environmental conditions, the nature and seriousness of the conduct,"tHe Circumstances surrounding the conduct and whether the conviction is unrelated ~o the permit or license. The City Administrator shall render a decision S4 based on the above factors, which shall be final and conclusive." --SECTION VII: Section 3443 of the Tustin City Code is amended to read as follows: "3443 PErmIT APPROVAL a Applicant's Conviction of a Felony 50 A person shall be prima facie disqualified for ~1 a permit if he has been convicted of a felony. ~2 As used herein, the term "conviction" includes -6- 409 1 p],eas of guilty and nolo contendre. The Z members of the License and Permit Board, as the members of the issuing body, are specifically authorized to obtain state summary 4 criminal history record information as provided 5 for in Section 11105 of the Penal Code of the ~-~ State of California. 7 b Appeal 8 An applicant who is thus Prima-facie disqualified 9 for a permit or license may make an appeal in writing to the City Administrator. The City 10 Administrator shall consider the mitigating 11 factors, such as, but not limited to, evidence of rehabilitation length of time elapsed since lS ' such conviction,, the age of the person at the 15 time of the conviction, contributing social or 14 environmental conditions, the nature and 15 seriousness of the conduct, the circumstances surrounding the conduct and whether the conviction 16 is unrelated to the permit or license. The City 17 Administrator sha].l render-a decision based on -- the above factors, which shall be final and 18 conclusive. !9 c Criteria for Approval The License and Permit Board shall hold a hearing on the application. Evidence shall be presented at the hearing as to the character and background of proposed licenses and the safety of vehicles proposed to be licensed The applicant and any other interested persons may present relevant testimony and other evidence. At the conclusion of the hearing the License and Permit Board shall, upon a determination that the applicant's proposed activities do not present any unreasonable threat to the public health and safety generally, and to young children in particular, grant a permit upon ~-~ such terms and conditions as afford reasonable ~ 50 Protection." ~1 // 3S // -7- 1 FECTION VIII: The City Clerk shall certify-to ~_he adoption of this Ordinance and shall cause it to be posted as required by law. This Ordinance shall become effective thirty (30) days after the date of its adoption. 4 ADOPTED by the City Council, signed by the Mayor and 5 attested by the City Clerk this 19th day of December 1977. 6 9 10 ATTEST: 1Z 14 15 16 17 18 19 27 AP~: j lm d:6/2/77 Rev. 11/30/77 km 411 STATE OF CALIFORNIA) COUNTY OF O]~\NGE ) SS CITY OF TUSTIN ) RUT]I C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, CalifoL~nia, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; that the above and foregoinc~ Ordinance No. 751 was duly and regularly introduced and read at a regular m~:ut'ing of the City Council held on the 5th day of .. DeCeaber , 197,7 and was given its second reading and duly pd~sed and'adopteu at a regular meeting held on the 19th day of December 1977, by the following vote: AYES: COUNCILMEN: SHARP, EELSH, EDGAR, SALTARELLI NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: SALTARELLI ity Cle~ City of Tustin,"'California Publish Tustin News December 29, 1977