HomeMy WebLinkAboutOrdinance 1201 (Appeals)CLERK'S CERTIFICATE
1, MARION A. GRADY, City Clerk of the City pf San
Rafael, and Ex -officio Clerk of the Council of said City do
hereby certify that the foregoing Charter Ordinance Pio.1201
entitled:
An ordinance of the City of SAn Rafael Amending Title
10, Chapter 10.80, Private Patrols, Sections 10.80.030
(H) and 10.80.050 thereof, and by adding a new Section
10.80.100 Appeals.
is a true and correct copy of an ordinance of said City, and
was introduced at a
regular meeting of the
City Council of the City of San Rafael, held on,the 17th
day of November 19 75 Published as re-
quired by City Charter in the Terra Linda News
a newspaper printed and published in the City of San Rafael and
passed and adopted as an ordinance of said City at a
regular meeting of the City Council of said City held on the
1st day of December 19 75 by the following
vote, to -wit:
Ayes: Councilmen: Jensen, Miskimen, Mulryan, Nixon and
Mayor Bettini
Noes: Councilmen: None
Absent: Councilman: None
WITNESS my hand and the official seal of
the City of San Rafael this Xa n V day of
12)eC&�'� -.— 19 7j -
MARION A. GRADY, City Clerk
ORDINANCE NO. 1201
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 10, CHAPTER 10.80,
PRIVATE PATROLS, SECTION$ 10.80.030 (H) AND 10.80.050 THEREOF, AND BY
ADDING A NEW SECTION 10.80.100 APPEALS
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Sections 10.80.030 (h) and 10.80.050 of the
Municipal Code of the City of San Rafael are hereby amended and
shall read as follows:
10.80.030 (h) Such other information as may be deemed
relevant by the Chief of Police or City Manager.
Upon receipt of an application, the Chief of Police shall
conduct such investigation as he may deem necessary and proper as
to the character and morals of the applicant and persons financially
interested in the private patrol service for which a permit is
sought, and as to the proposed territory of the City of San Rafael
or portion thereof, within which the private patrol service is pro-
posed to be conducted. The Chief of Police shall then transfer the
application to the City Manager, together with his recommendations
as to whether or not it should be granted.
10.80.050 Hearing - Issuance of Permit. The City Manager
or the Chief of Police or any other designee of the City Manager
shall hear and pass upon the application at the time appointed for
the hearing. The hearing officer may deny the application if it
finds that the applicant or any person financially interested in
the operation of the private patrol business is a person of bad
moral character and for this purpose the hearing officer may con-
sider any facts or evidence bearing on the moral fitness and rep-
utation of those who will be in charge of such private patrol, and
any other facts or evidence tending to enlighten the hearing officer
in this respect.
If the City Manager grants the application, the Chief of
Police shall, after registration by the applicant, issue to the ap-
plicant a permit to operate a private patrol business within the
City, shall designate therein the portion or portions of the
territory of the City within which such business may be carried on,
and shall specify therein such other reasonable additional require-
ments imposed upon applicant as are necessary to meet local needs
and are not inconsistent with the provisions of the Private Investi-
gator and Adjuster Act, provided, however, that no such permit shall
be issued to any person who is not licensed under the provisions of
said Act. The Chief of Police may also, from time to time, either
enlarge or restrict the portion or portions of the territory of the
City within which such business may be carried on to prevent a dupli-
cation of private patrol services, or to prevent interference with
public police protection. Any applicant or permittee dissatisfied
at any time with the decision of the Chief of Police with respect
to the portion or portions of territory of the City designated by
him for the carrying on of such private patrol business, or with
any permit, may appeal to the City Council in the same manner and
receive a hearing thereon in accordance with the same procedure
hereinafter prescribed in Sections 10.80.090 and 10.80.100 of this
Chapter.
DIVISION 2. A new Section 10.80.100 entitled Appeals is
hereby added to Chapter 10.80 of the Municipal Code of the City of
San Rafael which shall read as follows:
10.80.100 Appeals - Appeals to the City Council from any
denial by the City Manager shall be in the manner and within the time
set forth in Chapter 15.56 of this Code.
DIVISION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions
of this Ordinance. The Council hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence, clause
or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared
invalid.
DIVISION 4. This Ordinance shall be published once in full
before its final passage in the Terra Linda News , a newspaper
�m
of general circulation, printed, published, and circulated in the
City of San Rafael, and shall be in full force and effect thirty
(30) days after its final passage.
4.P UeAB41;(/I,M yor
Attest:
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MARION A. GRADY, City C rk
The above and foregoing Ordinance No. 1201 was read and
introduced at a regular meeting of the City Council of the City of
San Rafael, held on the 17th day of November , 1975, and
ordered passed to print by the following vote, to -wit:
AYES: COUNCILMEN: Jensen, Mi s ki men , Nixon and Mayor Betti ni
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
and will come up for adoption as an Ordinance of the City
of San Rafael at a regular meeting of the Council to be held on the
1st day of December , 1975.
r7✓%1�0�,�, �i • � w
MARION A. GRADY, City�Clerk