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Home My WebLink AboutORD FOR INTRODUCTION 10-02-8910-2}89 .... ORDINANCES FOR INTRODUCTION FROH: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER .POLICE DEPARTMENT AMENDMENT TO CITY ORDINANCE - ALARM SYSTEMS Recommendation That Ordinance No. 1029 have first reading and be introduced at the regular City Council meeting of October 2, 1989. Background In 1982, the Tustin City Council revised the Tustin City Code to ensure it was in compliance with Business and Professions Code 7592.8(B), which prohibited the imposition of fees upon alarm system agents and alarm company operators. However, we inadvertently did not strengthen some sections of the City Code to ensure the Police Department could legally enforce the intent of City Council Resolution 86-1, which imposed fees for false alarms. The current false alarm fees are: First False Alarm Per Month No Fee Each False Alarm Thereafter $25.00 · However, there are several businesses within the City that refuse to honor the billing for violation of the ordinance. The suggested amendment to the ordinance will give the Police Department the power, after appropriate notice, to no longer respond.to false alarms at their places of business. Unfortunately, there are some businesses that realize the Police Department has absolutely no power to enforce the wishes of the City Council and, therefore, totally ignore our notifications that they have exceeded their one free false alarm per month and*continue to postpone repair of their alarm systems. The City Attorney concurs with the proposed amendment. W. DOUGLAS FRANKS Chief of Police 1 ORDINANCE NO. 1029 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE REGULATION OF SECURITY BUSINESSES. The City Council of the City of Tustin does hereby ordain as follows: Section 1. Part 1 of Chapter 5 of Article 3 of the Tustin City. Code is hereby amended to read as follows: BURGLARY AND ROBBERY ALARM SYSTEMS. 3511. GENERAL It shall be unlawful for any person or entity to . operate in the City of Tustin as an alarm agent or as an alarm company operator, as said terms are defined in Business & Professions Code Sections 759O=Z_and_1590.119~, respectively, without prior compliance with the ~lar_m Co_m~_an~_~ct contained at Business & Professions Code Section 7590 et seq. 3 512 . REG IS TRAT ION Ail alarm age~ts a_n_d__alar_m_co_mD_an~_oDerators shall register their names and file a copy of their State identification cards with the License & Permit Coordinator of the City of Tustin prior to conducting such business. ~o fee,_ other t.h_a_n_ for__a_ business_ license_ Der_mit._ m_a~_ be c_hars_ed_ nor__m_a~__an~__a~li_c_a_t_i_o_n__b e_ re~_u_ir e~_ b~__t_he_ ~it~_ f_or .that r_esistr_at ion. 3 513 · ~_N~L_~EB~I~S_~_FEE S a___Al_ar_m_~_ents__an_d_~l ar_m_Co_mDan~_Qpe r a t o rs: m_ust__m_eet__t_he_re mirem_ent_s_for_and_obt_ain_a_busine s_lic=nse fro_m_th_e_~i_t~_of_T~stin in accor_dance with Tustin ~iti_~ode ~r_ticl_e_3~_~h_aD_ter_5_/co_m_m_en_ci_n~_wi_th_Sec_tio_n_25111- ~xcemt__for_alarm__a~ents__and_ alar_m_ c o_mm_anx ode r at o rs._ Dersons_ ~o_ own-_ le_a_s_e._ r_ent,_ o r ot~]erwise ~ossess__an__al_arm__axatmm__shall_obt_ain_a_~ermit__from__ the_ £it_~ to oDer_ate_tt he__alar_m__sImt e_m__an~_ shall_D_ax_annu_al_D_er_m_it_fees _as_esta_bl_is_he_d_ bx_rm_sol~tion_ of th_e_ ~itx_ ~o_uncil___ ~ailure 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 £ha2tez- FAL SE ALARMS The owner or lessee of any alarm system shall be assessed a fee as shall be determined by resolution of the City Council of the City of Tustin for each false alarm transmitted to the Police Department. For billing purposes, said fee shall be charged for each false alarm occurring during a calendar month. The Police Chief shall establish a procedure of notification and billing for each false alarm. Such fee shall be paid ~_i_th_in__th_ir_t~_£3Ok__calendar_~a~s_of_billins to the City Treasurer for deposit in the general fund. 2_ail~re to timel~_~a~_such_fee_constitm_tes_a v i o l_a_t_i o_n__of_ t hi_s_~h_a~_t_e r_~ For the purposes of this section, "false alarm" means the activation of any alarm system through mechanical failure, malfunction, mechanical or electrical defect, accidental tripping, misoperation, misuse, or the neglect or negligent act of the owner or lessee of an alarm system, or of his employees or agents and where no violation of law occurred requiring a response by the Police Department. False alarms shall not include alarms caused by external causes beyond the control of the owner or lessee of the alarm system such as earthquakes, violent winds, or floods. Whether no violation of law occurred, as used in this section, shall be decided by the police officer who responds to the alarm. This determination of the responding officer shall be final. (Ord. No. 875,~ Sec. 1, 9-20-82) 291ice rgaponse to a~_~!.arm ~9~_E~here the the /// /// /// /// /// /// /// /// 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the day of , 1989. MAYOR ATTEST: CITY CLERK BKO:se:D:12/7/88(4.bko) LEJ :lw:R: 8/21/89 (33.1w)