HomeMy WebLinkAboutORD FOR INTRODUCTION 04-07-80DATE:
March 14, 1980
No. 1
Inter-Com
ORDINANCES FOR INTRODUCTION
TO:
FROM:
S UBJ ECT:
ED BUSHONG, FINANCE DIRECTOR
JA/~ES G. ROURKE, CITY ATTORNEY
ROBERT L. LAVOIE, DEPUTY CITY ATTORNEY
False Burglary Alarms
This office has reviewed your Inter-Com dated February
28, 1980, and has prepared a new draft false alarm ordinance
to provide for the concerns which you expressed in that Inter-
Com.
The proposed revised draft provides that a police officer
responding to a burglar alarm shall decide whether "no viola-
tion of law occurred." The decision of the responding officer
shall be final.
We have reworded the provision concerning alarms which
are set off by external causes, and we believe it to be suf-
ficientlY clear in its present form. It would be impossible
to anticipate and list every potential external cause which
would be considered beyond the control of the owner.
This office has revie'wed the false burglary alarm ordinances
of many agencies in Orange County and finds all of'those or-
dinances to be somewhat vague in their definitions. In its
present form, the proposed ordinance attached to this Inter-
Com, in our opinion, is the least controversial of any similar
ordinance reviewed by this office.
We appreciate your assistance and comments in this matter.
If you have further comments or questions, please advise.
RLL:wm:D:3/13/80
Attachment
cc: Dan Blankenship
RECOMMENDATION:
M. O. - that Ordinance No. 825 have first reading by title only.
M. O. - that Ordinance No. 825 be introduced.
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ORDINANCE NO. 825
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, k~ENDING
SECTION 3511b OF TUSTIN CITY CODE PERTAINING
TO BURGLARY AND ALA~4 SYSTEMS
The City Council of the City of Tustin, California, does
ordain as follows:
Section 3511b of the Tustin City Code is amended by amendinq
the definition of "False Alarm" to read as follows:
"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 Alarm 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. The decision
of the responding officer shall be final.
PASSED A~D ADOPTED at a regular meeting of the City Council
of the City of Tustin this day of , 1980.
ATTEST:
MAYOR
CITY CLERK