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Home My WebLink About67-02 Duplication of Confidential RecordsORDINANCE NO. 67-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DECLARING THE NECESSITY FOR CERTAIN CHARGES FOR THE REPRODUCTION AND DUPLICATION OF CITY RECORDS; FINDING AND DECLARING THE CONFIDENTIAL NATURE OF CERTAIN POLICE DEPARTMENT RECORDS; PROHIBITING THE USE OF PORTABLE PHOTOGRAPHIC EQUIPMENT FOR THE COPYING OF RECORDS; AUTHORIZING THE REGULATION OF TIME AND PLACE AND CIRCUMSTANCES OF RECORD DUPLICATION; ESTABLISHING QUALIFICATION OF PARTIES ENTITLED TO DISCLOSURE OF POLICE DEPARTMENT RECORDS. THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa, hwreby finds and declares that because of the advent and use of modern photographing and duplicating equipment now installed in the City Hall and Police Department, it is necessary to establish a reasonable charge for the duplication of city and police department records authorized to be released to the general public; that after careful consideration of the costs of photographic paper, the electrical energy expended in the operation of said machine, the employee time expended in machine operation and the wear, tear and depreciation on said machine, it is hereby found and declared that a reasonable charge is authorized and by this ordinance established. The City Council further finds and declares that the records of the Police Department are of a confidential nature and are not public records, except as provided for by Section 20012 C.V.C. and other applicable statutory sections. The City Council further finds and declares that the facilities of the Police Department are of such design and nature that the use of portable photo- copying equipment by the general public is disruptive of police procedures and tends to defeat the purposes for which the Police Department was established and for which records are kept by the Records Division of the Police Department, and is injurious to the health, safety and welfare of the citizens of this City. The City Council further finds and declares that certain persons are privileged and qualified to a disclosure of Police Department records, and said parties shall be afforded the opportunity to examine such records under such regulations as may be imposed by the Chief of Police, and to secure copies of said records for the costs as shall be by this ordinance set forth. The City Council further finds and declares that by reason of the aforesaid confidential nature of Police Department records that a qualification of the parties entitled to examining said records is reasonable and necessary for the health, safety and welfare of the citizens of this City and is by this ordinance to be established. The City Council further finds and declares that the establishment of a business license for persons or entities operating the business of obtaining copies of records for others from city and police files is necessary and reasonable and is by this ordinance established. The City Council further finds and declares that by reason of the confidential nature of police department records a permit may be required by the City Council for those persons or entities in the business pursuit as heretofore described. SECTION 2. By reason of the aforesaid findings and declarations there is hereby added to the Costa Mesa Municipal Code, Chapter VI, an additional article being Article 12 which shall be as follows: "CHAPTER VI Businesses, Professions and Trades Article 12 City Records, Police and City Clerk SECTION 61200. FEES. There is hereby established the following fee schedule for photographic duplication of records in the City Hall and the Police Department which are properly the subject matter for public disclosure: First page . . . . . . . . . . . . . . . . . . $2.00 Each additional page . . . . . . . . . . . . . $0.50 per page Said charges shall be for copies made on city duplicating machines. No charge shall be made for any disclosure made through the Police Department or City Clerk where city photocopying machines are not used. SECTION 61201. PORTABLE DUPLICATORS PROHIBITED. The use of portable duplicating machines or processes in copying Police Department or City Clerk records by the general public or any person or entity not in the employ of the City is hereby prohibited. SECTION 61202. PERSONS QUALIFIED. The following persons are hereby found and declared to have an interest in police department records and are authoria�_sd and privileged to request dis- closure and/or copies of said records: (a) Representatives of other law enforcement agencies. (b) City and District Attorney's prosecutors. (c) Representatives of the Probation Department. (d) Principals in any automobile accident, including drivers, passengers, victims or witnesses, or their duly authorized insurance agents or attorneys. (e) Such other persons as are able to make a proper showing to the Chief of Police or his duly authorized representative that they have a sufficient interest that they are entitled to a disclosure of Police Department records. SECTION 61203. LICENSE FEE. For those persons or entities engaged in the business pursuit of obtaining information from public records for others either through personal examination of said records or through purchase of photo copies, there is hereby established an annual business license fee of Thirty -Six Dollars ($36.00). SECTION 61204. PERMIT RE UIRED. No person or entity engaged in the business pursuit of making copies of police records for others shall do business within the City unless and until they have first obtained a permit from the City Council. SECTION 61205. PERMIT CONDITIONS. As a condition to the granting of said permit, the City Council of the City of Costa Mesa shall have the following powers: A. Investigation: The City Council shall examine such application and shall make such further investigation of the applicant and its or his affairs as the City Council shall deem advisable. Said investigation may include a record check by the Police Department, and a report from any authorized or recognized credit reporting service and such other means as shall be available to the City Council or its duly authorized staff. If from such examination the City Council shall be satisfied: 1. That the applicant is of good character and reputation, or that the managing officer or agent of the applicant, if the applicant is a corpor- ation, is of good character and reputation; or if the applicant is an unincorporated association, firm or partnership; each member thereof is of good character and reputation; and 2. That the applicant has sufficient financial responsibility to carry out the obligations incident to the business pursuit licenses hereunder, and that all of the statements made in such application are and each of them is true and that neither the applicant nor any officer, agent or member of the applicant has violated any of the provisions of this Article or has engaged in any fraudulent transaction or enterprise, and that the applicant intends to conduct its business fairly and honestly, the City Council shall issue to the applicant a license for the business pursuit herein de- scribed. Otherwise, the City Council shall deny the application and refuse to issue a license, and shall notofy the applicant of the decision of the City Council. Provided, however, that if the only ground for such refusal or denial is such that it does not substantially affect applicant's honesty and integrity, and if the inability of the applicant to meet any requirement will not in any way interfere with a proper performance by the applicant of his business pursuit as described herein, the City Council may, in its discretion, waive such ground and grant the application. B. Revocation: All licenses issued hereunder shall be subject to the condition that the applicant thereafter shall cease and desist the business pursuit described in this Article when ordered so to do by the City Council if the City Council finds after a hearing that any act or omission of such permittee or his agents or employees in making any request for copies of records or in the conduct of the business of applicant within the City of Costa Mesa is unfair, unjust, inequitable or fraudulent. The City Council must suspend or revoke any such license, if, after hearing upon notice, the City Council shall find the existence of any of the grounds hereinabove enumerated for the denial of an application for a license; provided, however, that such suspension or revocation shall be discretionary with the City Council if the only ground for such revocation is such that it does not affect the licensee's honesty and integrity, or his ability properly to perform his duties." SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after its passage and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this day of March, 1967. Mayor of t City of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 67-2 was introduced and considered section by section at a regular meeting of the City Council held on the 20th day of February, 1967, and thereafter passed and adopted as a whole at a regular meeting of the said City Council held on the q.20 n day of March, 1967, by the following roll call vote: AYES: COUNCILMEN NOES : COUNCILMEN iv o� c ABSENT : COUNCILMEN ///i9a. g - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa, this •21f% day of March, 1967. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS. - - CITY OF COSTA MESA ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am the Leggl Advertising Manager of the ORANGE COAST DAILY PILOT, a newspaper of gem eral circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and I certify that Ordinance Nn A2_2 of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper on March 23,19(;7 , I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 73rd at Costa Mesa, California � (Sienetunl i STATE OF CALIFORNIA) - COUNTY OF ORANGE ) SS. CITY OF COSTA MESA) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and exrofficio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No. 67-2 was introduced and considered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 20th day of February , 196-Z and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 20th day of March , 196-7, by the following roll -call vote AYES: COUNCILMEN - BARCK, WTLSON, TUCKER, PINKLEY, JORDAN NOES: COUNCILMEN ABSENT: COUNCILMEN - I FURTHER CERTIFY that said Ordinance No 67-2 was published in the ORANGE COAST DAILY PILOT, o newspaper of general circulation, printed and published in the City of Costa Meso, on the 23rd day of March , 1967. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa No pert" or ennn npepao in pp °3°xeoras for mmol nail Wamax ellbn be an onieu until they have fire, dNelri a.. m0 ,mm Me City CAMP. SECTION 41]05. PERMIT .1 TIONS. Ae a ..aHI.y b Me Parting eels permit. Me ary Caunnl W [nv M Cmb Mee. shell M1ave a*equina rey an, es it e: neap of of He abra-I °r pet Cotle. CnacMr vI,a kb being Article lx M[a h 110 1 blluws: "CHAPTER Vt Businesu4 Prptesslane,antl Tied. ANId x] " RewMa. Pollc8_ tad City Clerk Th° bllaxintipeream an rI.,, mune a danger" b neve H'"t In pal¢ tlmenmeN and a MmleeE M ptivllepa[ x .I dilKlowre ane4« '.-a saidewNe: pj Reerexnlellves be ether eNm[ement pen[ies. 01 City are OleVbl Allam prme[ubn. 10 Reprexnlalives M the Pr tion DeperlmMt. Itll ' IncdpluElnpn r m" P.: gen. vteHme a w11n e4 or line Omar da ant 6 of g. IalleI ar t r or gent of appll[ant is e