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HomeMy WebLinkAbout55A - RESO MIN WAGE LAW (2)(PJC 3121106) ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 24 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PRIVATE SECURITY SERVICES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Business and Professions Code § 7582.5 authorizes a city to impose local regulations upon any street patrol service. Such regulations include requiring the street patrol service to register with an agency to be designated by the city. In addition, a city may refuse registration to any person of bad moral character and may impose reasonable additional requirements as are necessary to meet local needs. B. A city may also impose local regulations upon any employee of a private patrol operator who is unable to furnish evidence of current registration pursuant to Business and Professions Code § 7582.5(f). C. Due to changes in the law and as part of the City's continuous improvement process, it is appropriate to review and update the City's regulation of private patrol services. Section 2. In accordance with the California Environmental Quality Act (CEQA), adoption of this ordinance does not meet the definition of a "project" under CEQA, as such, the proposed project is exempt from further review per Public Resources Code Section 21065. Section 3. Chapter 24, Sections 24-1 through 24-4 of the Santa Ana Municipal Code are hereby amended to read as follows: Sec. 24-1. Definitions. For the purpose of this chapter certain words and phrases shall be construed as follows, unless it is apparent from the context that a different Ordinance No. NS-XXX SSA-1 Page 1 of 4 meaning is intended: Pafrol system and patrol service means any private service or private system which purports to furnish or does furnish to members or subscribers any watchman or guard, either uniformed or otherwise, to patrol any part of the territory of the city or to guard or watch any property, including guarding against theft, fire, or both, or to perform any service usually and customarily performed by the city police force. Sec. 24-2. Registration Required All private patrol operators providing patrol and/or standing guard service shall register their names and file with the Chief of Police a copy of their current state identification card, evidencing a license pursuant to Business and Professions Code Sections 7580 et seq. Only a business license application and fee shall be required for registration. Sec. 24-3. Patrol and Standing Guard Regulations. (a) Compliance with State Law All private patrol operators shall comply with applicable provisions of Business and Professions Code Section 7500 et seq., applicable provisions of the Vehicle Code regarding vehicles used in private patrol operations, and applicable provisions of the Penal Code regarding the use and carrying of weapons. (b) Identification and Qualification Cards. Each private patrol operator shall carry his/her private patrol operator ID card issued by the State Department of Consumer Affairs and any firearm or baton qualification card on their person at all times while on duty as a private patrol operator. Each operator shall also file copies of any other pertinent identification cards, licenses, and/or certificates. (c) Verbal Identification. Upon confrontation with any unknown individual, a private patrol operator shall immediately identify himself or herself as a private guard or patrol operator. (d) Uniforms. A patrol officer shall not wear any uniform which is an imitation or can be mistaken for an official sheriffs uniform or an official police uniform of the police force of any city within the county or an official uniform of any state officer. (e) Cooperation with Law Enforcement. An operator shall cooperate fully with the Police Department to provide Ordinance No. NS-XXX Page 2 of 4 SSA-2 information regarding the time and location of street patrols and other pertinent information upon request. (f) Refusal, revocation or suspension of registration. When the chief of police finds that any person registering under the provisions of this chapter is a person of bad moral character or has violated any of the provisions of this chapter, he may refuse, revoke or suspend registration. No such refusal, revocation or suspension shall become effective until the registrant has been notified in writing by certified mail of his right to appeal pursuant to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the refusal, revocation or suspension shall be effective only upon final decision of the city council. Otherwise, the refusal, revocation or suspension shall become effective after the timely appeal period has expired. State Law References: Authority to regulate, see § 7582.5, Bus. and P. Code. Sec. 24-4. Violation. It shall be unlawful and a misdemeanor for any person to operate as a private patrol operator providing patrol and/or standing guard service without Police Chief approval and compliance with this Chapter. Private patrol operators are regulated pursuant to Business and Professions Code Section 7580 et seq. To operate, business licenses must be continuously maintained and updated annually. Section 4. Sections 24-5 through 24-18 of the Santa Ana Municipal Code are hereby deleted in their entirety. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2006 Miguel A. Pulido Mayor Ordinance No. NS-XXX ggA_~ Page 3 of 4 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula J. Coleman Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 4 of 4 SSA-4