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HomeMy WebLinkAboutORD FOR INTRODUCTION 08-02-82_/ DATE: JUNE 10, 1982 ORDINANCES FOR INTRODUCTION NO. 1 8-2-82 TO: FROM: SUBJECT: CAPT. FRED WAKEFIELD, TUSTIN POLICE DEPARTI~ENT JAMES G. ROURKE, CITY ATTORNEY ROBERT L. LAVOIE, DEPUTY CITY ATTORNEY SECURITY ALARM ORDINANCE This office has reviewed the existing draft of the proposed security alarm ordinance together with your Inter-Com dated February 23, 1982. In reviewing this matter this office has noted that the Business and Professions Code sections regulating security businesses have recently been amended to centralize regulation in the office of the Department of Consumer Affairs of the State of California. As a result of this recent legislation the City is no longer permitted to license alarm company operators, as noted in your February 23 Inter-Com, nor is the City permitted to license private patrol operators unless the private patrol operator furnishes street patrol services or street patrol special officers. Because of the recent legislation this office has revised the proposed security business ordinance and has proposed some amend- ments to Chapter 5 of Article 3 of the Tustin City'Code. A copy of our proposed ordinance is attached hereto for your review and comment. With respect to the regulation of alarm company operators, please note that the proposed ordinance leaves licensing entirely to the State Department of Consumer Affairs. The City will however require registration of alarm agents with the City and will continue to impose a fine for excessive false alarms. With respect to Sections 3520 et seq. of the Tustin City Code, the proposed ordinance amends the Tustin City Code to require that private patrol operators be licensed with the State Department of Consumer Affairs. The City however does retain licensing authority over any such business w}~ich furnishes street patrol services or street patrol special officers. Authority for the retention of these regulating powers is set forth at Business and Professions Code Section 3523(a). After reviewing the proposed ordinance, please advise this office concerning any comments which you may have. RLL: lw:D: 3/3/82 RLL: lw:R: 6/9/82 cc: W. Huston C.R. Thay, er M. Wynn~ 1 2 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 24 25 26 27 28 ORDINANCE NO. 875 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF TUSTIN, CALIFOP~IA, A~NDING THE TUSTIN CITY CODE RELATIVE TO THE REGULATION OF SECURITY BUSINESSES The City Council of the City of Tustin, California, ordains as follows: Section 1: Part 1 of Chapter 5 of Article 3 of the Tustin City Code is hereby amended to read as follows: "PART 1 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 Company Operator or as an Alarm Agent, as said terms are defined at Business and Professions Code Sections 7521(e) and (f) respectively, without prior compliance with the Private Investigator Act contained at Business and Professions Code Section 7500 et seq. 3512 REGISTRATION Ail Alarm Agents shall register their names and file a copy of their state identification cards with the Chief of Police of the City of Tustin prior to conducting such business. 3513 FALSE ALARMS The owner or lessee of any alarm system shall be assessed a fee of $ for each false alarm transmitted to the Police Department in a twelve-month period after three such false alarms. Such fee shall be paid to the City Treasurer for deposit in the general fund. For the purposes of this Section, "false alarm" means the activation of any alarm sys- tem 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 requir- ing a response by the Police Department. False alarms shall not include alarms caused by exter- nal causes beyond the control of the owner or 1 2 4 5 6 ? 8 9 10 11 12 14 15 16 17 18 19 20 21 22 24 25 26 27 28 lessee of the alarm system such as earth- quakes, 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. The provisions of this Section 3513 shall not be applicable to alarm systems installed on residential pro- perty.'' Section 2: Part 2 of Chapter 5 of Article 3 of the Tustin City Code is amended to read as follows: "PART 2 PRIVATE PATROL OPERATORS 3520 PRIVATE PATROL OPERATORS It shall be unlawful for any person or entity to operate as a Private Patrol Operator as such term is defined at Bus- iness and Professions Code Section 7521(b) within the City of Tustin without first obtaining such permits as are required pursuant to the Private Investigators Act contained in Business and Professions Code Section 7500 et s.~g. This permit require- ment shall be in addition to any other business license or fee required by the City of Tustin. All Private Patrol Operators and their employees or agents shall register their names and a file copy of their state identification card with the Chief of Police of the City. 3521 STREET PATROL SERVICE Notwithstanding any other provision contained in this Part, any Private Patrol Operator providing any street patrol special officer or street patrol service shall be required to acquire a Private Patrol Operator permit from the City of Tustin." Section 3: Section 3523(a) of the Tustin City Code is amended to read as follows: "(a) The applicant shall appear at the Tustin Police Department and present an application containing the information required in Section 3522, and proof that the applicant has paid the prescribed permit fee. The Chief of Police shall have thirty · --2-- 1 2 5 6 '7 8 9 10 ll 12 13 14 15 16 17 1.8 19 20 21 23 24 25 26 2'7 28 (30) days to investigate the contents of the application and upon completion of the investigation he shall convey the application to the License and Permit Board and report whether the contents of the application are true and correct." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the day of , 1982. ATTEST: MAYOR CITY CLERK RLL:lw:D:3/3/82 RLL:lw:R:6/9/82 -3-