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Home My WebLink About11 TUSTIN ALARM ORDINANCE 07-17-07 AGENDA REPORT MEETING DATE: July 17, 2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: SCOTT M. JORDAN, CHIEF OF POLICE SUBJECT: TUSTIN ALARM ORDINANCE SUMMARY Agenda Item 11 Reviewed: City Manager Finance Director N/A Minor revisions have been identified as necessary in the Alarm Ordinance (Tustin City Code Sections 6900-6920). Section 6914(c) needs to be amended to be consistent with Section 6915(2) concerning the number of false alarms required before a permit may be revoked. The ordinance should also reflect that the City Manager may appoint a designee to preside over the hearing for the appeal process. RECOMMENDATION 1. The City Council introduce the attached ordinance amending Chapter 9 to Article 6 of the Tustin City Code regarding Burglary and Robbery Alarm Systems, waive further reading of the ordinance, and read by title only. 2. Direct the City Clerk to add the proposed adoption of the proposed ordinance to the agenda for the next regular meeting of the City Council. FISCAL IMPACT None BACKGROUND Alarm Ordinance 1302 was passed and adopted by the City Council of the City of Tustin on September 19, 2005. There are two sections that address the number of burglary alarms permitted prior to becoming a nuisance, Section 6914(c) and Section 6915(2). Section 6914(c) provides that a permit may be revoked if "more than four (4)" false alarms are caused by a manually activated robbery alarm, while Section 6915 provides that a permit may revoked when there are "four or more" such false alarms. The proposed amendment would make the provisions consistent by amending Section 6914(c) to 540590.1 Page 2 provide that permits may be revoked when there are "four or more" such false alarms. Amending Section 6914(c) to coincide with the provisions of Section 6915(2) alleviates any concern for misinterpretation. Staff and the City Attorney are also recommending that the Alarm Ordinance be revised to clarify the role of the City Manager and Chief of Police during an appeal process. The Chief of Police is responsible for making the initial decision to renew a permit or revoke a permit, but under the existing ordinance, the Chief of Police does not hear appeals. The existing ordinance provides that the City Manager must hear appeals, however with the amendments recommended by the City Attorney's office to the proposed ordinance, the ordinance would provide that the City Manager may appoint a designee to hear and make recommendations to the City Manager on appeals. The revisions also clarify the ordinance's provisions regarding notice and hearings of appeals. r /, a./ ~~~ id SCOTT M. JO AN Chief of Police G%~. CHRISTINE SCHWART Police Support Services Manager 540590.1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 6901, 6916, 6917, 6918, AND SUBSECTION (C) OF SECTION 6914 OF THE TUSTIN CITY CODE, REGARDING BURGLARY AND ROBBERY ALARM SYSTEMS. The City Council of the City of Tustin, California, ordains: SECTION 1. Section 6901 of the Tustin City Code is amended to read:: "SECTION 6901 DEFINITIONS For purposes of this chapter, the words and phrases in this Section shall be construed herein unless it is apparent from the context that a different meaning is intended. "Alarm agent" means any person who is employed by an alarm business, whether directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving, installing, or monitoring on any building, place, or premises any alarm system. "Alarm business" means any person, firm, or corporation engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing, or monitoring any alarm system or causing to be sold, maintained, serviced, repaired, altered, replaced, moved, installed, or monitored an alarm system in or on any building, place, or premises. "Alarm system" means any electronic device designed for the detection of an unauthorized entry on premises, or for alerting others of the commission of an unlawful act, or both, and when actuated, emits a sound or transmits a signal to indicate that an emergency exists, and to which police are expected to respond. "Alarm user" means a person contracting with an alarm business for the leasing, servicing, or maintaining of an alarm system, or who owns, uses, or maintains a proprietor alarm. "Audible alarm" means a device designed to emit an audible sound to alert others of an unauthorized entry onto property, an unauthorized entry into a structure, or the commission of a robbery. "City, " "Chief of Police'; and "Police" mean the City of Tustin, the Tustin Chief of Police, and the Tustin Police Department, respectively. 54fi52~.1 "City Manager" means the City Manager of the City of Tustin or his or her designee. "False alarm" means an alarm signal which causes response by the Police Department where an emergency situation does not exist. "Response" means arrival at the location of the alarm. "False alarm" does not include an alarm signal activated by earthquake, extraordinary weather conditions, or other act of God. "Proprietor alarm" means an alarm which is not serviced by an alarm business. "Silent alarm" means that type of alarm system which, when activated, sounds a bell or buzzer, or turns on a light at apre-designated place other than the location where the alarm has been installed." SECTION 2. Subsection (c) of Section 6914 of the Tustin City Code is amended to read "(c) Any burglary alarm which causes ten (10) or more false alarms, or any manually activated robbery alarm which causes four (4) or more false alarms, may be declared a public nuisance, and will be subject to revocation of permit as specified in section 6915 of this chapter. False alarms responded to beyond ten (10) for burglary and four (4) for robbery will continue to be billed at the rates established by resolution of the City Council, and the Police Department will no longer be required to respond to alarms at said address once the Police Department has sent a letter, return receipt requested, to the owner or occupant of the subject premises advising of the cessation of such service and the reasons therefore." SECTION 3. Section 6916 of the Tustin City Code is amended to read: "6916 APPEAL (a) Any person aggrieved by a decision of the Chief of Police to deny an application for a permit, to deny an application to renew a permit, to revoke a permit, or to require reimbursement for excessive false alarms, shall have the right to appeal the decision to the City Manager. (b) A written statement setting forth fully the grounds of such appeal shall be filed within fifteen (15) days after notice of the decision of the Chief of Police has been delivered to such person or mailed via certified mail to his or her last known address. The notice of appeal is to be sent to the Police Department of the City. (c) Where an appeal has been timely filed with the Police Department, an order of revocation shall be stayed pending a determination thereon by the City Manager or his/her designee. The permittee shall be allowed to continue to use 540~2~.1 2 the alarm system until the appeal process has been exhausted. The order of revocation shall be effective from its initial date of issuance if the City Manager or his/her designee upholds the revocation decision. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals." SECTION 4. Section 6917 of the Tustin City Code is amended to read: "6917 WAIVER OF HEARING Failure to timely file a letter of appeal with the Police Department within fifteen (15) days of the Chief of Police's decision shall constitute a waiver of the appellant's rights to an appeal hearing. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals." SECTION 5. Section 6918 of the Tustin City Code is amended to read: "6918 APPEAL--HEARING AND DECISION (a) The City Manager of the City may preside over the hearing on appeal or, in the alternative, the City Manager may appoint a hearing officer to conduct the hearing, receive relevant evidence, and submit to the City Manager, findings and recommendations to be considered by the City Manager. (b) Notice of the date, time, and place of the hearing shall be mailed at least ten (10) days prior to the date of the hearing, by the U.S. Mail, with proof of service attached, addressed to the address listed on the alarm application, or the address given in the Notice of Appeal, as the case may be. The applicant shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the Chief of Police's decision was based, and the opportunity to present contrary evidence at the hearing. (c) The City Manager shall render his or her decision within forty-five (45) days from the date of the hearing or, in the event that a hearing officer has been appointed, within forty-five (45) days from the date on which the City Manager receives the findings and recommendations of the hearing officer. The decision of the City Manager shall be final. SECTION 6. This Ordinance shall become effective at 12:01 am on the thirty-first day after passage. SECTION 7. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason, held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this 54052.1 3 Ordinance or any part thereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional. PASSED, APPROVED, AND ADOPTED this day of 2007. LOU BONE, MAYOR ATTEST: PAMELA STOKER, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY TTORNEY 5~1t1525.1 4 ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Interim Ordinance was passed and adopted at a regular meeting of the City Council held on the day of 2007, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, CITY CLERK Published: S~{jS~G ] 5