Ventura Municipal Code § 12.150.330 Enforcement by citation method

If it is determined by the chief of police that the security measures and locking devices prescribed in Sections 12.150.210 through 12.150.270 do not adequately secure the building, the chief of police may require the installation and maintenance of photoelectric, ultrasonic, or other intrusion detection devices. In exercising their discretion the chief of police shall consider whether:

A. The business establishment has experienced a high incidence of burglary in the past; or

B. The type of merchandise and its inventory value require added security protection.

If the chief of police determines that such installation is required, notice in writing shall be given to the responsible person setting forth the installation to be made and the period within which it shall be completed. Failure to complete the installation in the time specified shall result in enforcement action as provided in Section 12.150.330. (Code 1971, § 3631)

The person responsible for compliance may appeal in writing to the city manager within 30 days after receipt of written notice from the chief of police requiring the installation and maintenance of some special intrusion detection device on the person’s premises. In filing such appeal, the appellant shall set forth the specific grounds wherein is claimed there was an error or abuse of discretion on the part of the chief of police or wherein the issuance of such notice was not supported by proper evidence.

Upon receipt of such appeal, the city manager shall set a time and place for a hearing and notify the appellant and the chief of police of such hearing not less than 10 days prior to the time set. At such hearing the appellant shall show cause on the grounds of the appeal why the action appealed should not be affirmed. The city manager or their representative, the chief of police or their representative, and the appellant or their representative shall be present at the hearing.

The city manager may affirm, reverse, or modify the decision of the chief of police and the appellant shall be given written notice of such decision, setting for the installation to be made, if any, and the period of time within which the installation is to be completed. In no case shall such period of time be less than that originally granted the appellant. Failure to comply with the city manager’s decision shall be deemed a misdemeanor and subject to enforcement and penalties as provided in Section 12.150.330.

However, any person considering themselves aggrieved by the city manager’s decision may submit an appeal in writing to the city council by filing such appeal with the city clerk within 10 days after the decision and setting forth the specific grounds of such appeal. The city clerk shall set the matter for hearing before the council and give notice to the appellant, the city manager and the chief of police, not less than five days prior to the date set for the hearing. At such hearing before the city council, the appellant shall show cause on the grounds specific in their appeal why the decision of the city manager shall be not affirmed.

If the city council affirms, modifies or reverses the decision of the city manager, the appellant shall be notified in writing of the decision of the city council, the installation to be made, if any, and the period of time within which it shall be completed. In no case shall such period of time be less than that granted originally. Failure to comply with the decision of the council shall be deemed a misdemeanor and subject to enforcement and penalties as provided in Section 12.150.330. (Code 1971, § 3632)

Sections 12.150.210 through 12.150.320 may be enforced by the method provided for by any method established in this code, and Section 853.6 of the Penal Code of the state of California. Sections will be enforced by members of the police department. (Code 1971, § 3633)