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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: %G✓L LC 7 v Gf /;2, c. 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