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~
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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
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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
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(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
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