Chapter 9.17
ON-SITE SECURITY REQUIREMENT
Sections:
9.17.030 Security plan may be required for specified businesses.
9.17.040 Chief of Police may determine that a security plan is required.
9.17.050 Notice and enforcement process.
9.17.060 Payment required from businesses that do not comply with this chapter.
9.17.010 Purpose.
The high cost of police protection, and the potential for certain businesses which operate in a way which causes threats to the public safety and a commensurate increase in the demand for police services, requires that the City implement measures to ensure that residents and businesses in Elk Grove do not receive inadequate levels of police services as the result of the allocation of resources to serve businesses which are operated in an irresponsible manner. This chapter provides for implementation of measures to ensure that the public’s safety is protected, and that the City is reimbursed for the cost of providing services to businesses which operate with a demonstrated disregard for safety. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §§3, 4, eff. 10-12-2007; Ord. 9-2003 §2, eff. 5-16-2003. Formerly 9.97.010]
9.17.020 Definitions.
The following definitions shall be used in this chapter:
“Business” shall mean any business, including retail, office, industrial, warehousing, and other types of nonresidential land uses.
“Call for service” shall mean any request which results in the dispatching of uniformed police offers to a location, regardless of the source of the request.
“Chief of Police” shall mean the Chief of Police of the Elk Grove Police Department, or his or her designated representative.
“Incident” shall be any occurrence at a place of business which results in a call for service.
“Private security officer” shall have the same meaning as defined in Section 7582.1(e) of the State of California Business and Professions Code.
“Private security operator” and “private security service” shall have the same meaning as defined in Section 7582.1(a) of the State of California Business and Professions Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §§3, 4, eff. 10-12-2007; Ord. 9-2003 §2, eff. 5-16-2003. Formerly 9.97.010]
9.17.030 Security plan may be required for specified businesses.
The City of Elk Grove may require that individual businesses or the management of larger centers provide a security plan, including, but not limited to, on-site security provided by a private security operator or private security service, in order to protect the public safety and to reduce the added costs to the City which result from a need for police protection which exceeds that which would be considered normal and reasonable. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §§3, 4, eff. 10-12-2007; Ord. 9-2003 §2, eff. 5-16-2003. Formerly 9.97.010]
9.17.040 Chief of Police may determine that a security plan is required.
The Chief of Police may decide, based on either the number of calls for service from a business or from a business center or on the severity of an individual incident or incidents requiring police response, that the business or business center is subject to the requirements of this chapter. The Chief of Police’s decision may be appealed as provided in this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §§3, 4, eff. 10-12-2007; Ord. 9-2003 §2, eff. 5-16-2003. Formerly 9.97.010]
9.17.050 Notice and enforcement process.
A. Upon determining that a business or business center is subject to this chapter based on the number of calls or severity of incidents, the Chief of Police shall notify the business owner or business center management in writing. The notice shall specify the calls and/or incidents upon which the determination is based. The notice shall require the business owner or business center management to provide to the Chief of Police a plan for improving the operation, design, hours of operation, etc., of the business or center to address the public safety issues identified. The plan shall also include a method of and a commitment to implementation at the business and/or center. The written notice shall include a deadline for response of not less than seven (7) or more than fourteen (14) days. Upon the written request by the business owner or owner of the center submitted before the expiration of the time for a response, the Chief of Police may, in writing, grant an extension of the time in which a response is required.
B. The Chief of Police shall review the plan from the business owner or business center management and determine if the suggested plan for improving operation, design, etc., is sufficient to address the identified public safety issues. If the Chief of Police determines that the suggested plan is sufficient to address the identified safety issues, the Chief of Police shall approve the plan and no further action will be taken; provided, that the suggested plan is implemented.
C. If the Chief of Police determines that the proposed plan is not sufficient to address the identified safety issues, or if no response is received, the Chief of Police shall develop a plan to address the identified safety issues. This plan may include any reasonable changes in the design, operation, hours of operation, etc., as necessary, and may specifically include a requirement for the provision at no cost to the City of on-site private security officers employed by a private security operator or private security service. The Chief of Police shall notify the business or business center in writing of the plan, and shall specify a reasonable deadline for compliance. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §§3, 4, eff. 10-12-2007; Ord. 9-2003 §2, eff. 5-16-2003. Formerly 9.97.010]
9.17.060 Payment required from businesses that do not comply with this chapter.
Businesses or business centers may be charged by the City for the cost of all calls for service to the location if they fail to comply with this chapter by:
A. Failing to respond to the initial notice from the Chief of Police; or
B. Failing to comply with any plan approved or imposed by the Chief of Police pursuant to this chapter. The rate of charge shall be determined by the City based on direct and indirect personnel, equipment, and other costs of calls to the location. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §§3, 4, eff. 10-12-2007; Ord. 9-2003 §2, eff. 5-16-2003. Formerly 9.97.010]
9.17.070 Appeal.
All decisions of the Chief of Police pursuant to this chapter may be appealed pursuant to EGMC Chapter 1.11. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 27-2007 §§3, 4, eff. 10-12-2007; Ord. 9-2003 §2, eff. 5-16-2003. Formerly 9.97.010]