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Ordinance - 2170ORDINANCE NO.2170 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA IMPLEMENTING A MANDATORY IDENTIFICATION CARD REQUIREMENT FOR EMPLOYEES OR REPRESENTATIVES OF BUSINESSES WHO ROUTINELY PROVIDE ,19 IN -HOME SERVICE TO RESIDENTIAL PROPERTIES WHEREAS, the City of West Covina does not currently require individuals who, as part of the course and scope of their employment, provide in -home services to residential properties to wear any form of identification showing their affiliation with their employer; WHEREAS, the City of West Covina Police Department has received numerous complaints in recent years from residents who are frightened or hesitant to answer their doors because individuals presenting themselves as company representatives are not wearing uniforms or identification evidencing their connection with the company; WHEREAS, most recently, individuals posed as cable repairmen to gain access to a residential property within the City and perpetrated a home invasion robbery; WHEREAS, the City Council of the City of West Covina desires to protect its residents by requiring business representatives who routinely respond to residential properties to wear employer provided identification cards to prevent or dissuade criminals from posing as legitimate business employees in order to gain access to residential properties; and WHEREAS, the City Council finds and determines that the restrictions imposed by this Ordinance are necessary to protect the general health, safety and welfare of the community. NOW, THEREFORE, be it ordained by the Council of the City of West Covina as follows: SECTION 1. West Covina Municipal Code Chapter 14, Article 3 Sections 14-81 through 14-84 are hereby added to read as follows: Sec. 14-81. Purpose. The purpose of this Article is to provide for the public health, safety and welfare by implementing the use of employer issued identification cards to prevent or dissuade criminals from posing as legitimate businesses in order to gain access to residential properties. It is not the intent of this ordinance to regulate the manner in which such businesses are conducted. Sec. 14-82. Employer Issued Identification Card Required. All employees or representatives of businesses that, as part of their normal business operations, routinely have contact with or enter residential properties shall be required to wear at all times during the course and scope of their employment an employer issued identification card. Identification cards must be worn in a prominent manner easily visible to the resident. Identification cards must contain the name of the employee, a clear photograph of the employee, and the name, address and phone number of the business. Sec. 14-83. Exceptions to the Employer Issued Identification Card Requirement. •Section 14-82 shall not apply to the following: (a) Uniformed employees driving company vehicles and carrying company identification cards are exempt from this policy provided that: (1) The uniform shall clearly and visibly have the name of the company affixed to the uniform. (2) The vehicle must have the name of the company, along with the phone number of the company, clearly visible on said vehicle and identical to the name of affixed to the individual's uniform; and Ordinance No.2170 Page 2 (3) The employee shall have valid company identification available for review upon request. (b) Businesses that solely respond to residential requests or by appointment. Sec. 14-84. Penalties for failure to display employer issued identification cards. Violations of this Article may be enforced by all means available to the City including, but not limited to: (a) Revocation and/or suspension of the responsible party's business license pursuant to section 14-30 of this Code; (b) Administrative citations pursuant to section 15-223 of this Code; (c) Criminal prosecution pursuant to sections 1-37 and 1-37.1 of this Code; and (d) Public nuisance abatement pursuant to Chapter 15, Article X of this Code. SECTION 2. West Covina Municipal Code Section 1-37.1 is hereby amended to read as follows: Chapter 14 — Licenses and Business Regulations: Seetien 14 13 1. Section 14-82. SECTION 3. If any part of this Ordinance, or its application to any person or circumstance, is held to be invalid, the remainder of the ordinance, including the application or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. SECTION 4. The City clerk shall certify to the passage and adoption of this ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption. ATTEST: PASSED AND ADOPTED this 4`h day of March 2008. a" Mayor Sherri Lane EkL City lLau rie.Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19`h day of February 2008. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 41h day of March 2008. AYES: Herfert, Hernandez, Sanderson, Touhey, Lane NOES: None . ABSTAIN: None ABSENT: None ty Cl Laurie Carrico APPROVED AS TO FORM: AityAttoAeymAdAlvarez-Glasman CERTIFICATION I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do 1$ hereby certify that a true and accurate copy of Ordinance No. 2170 was duly enacted and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the following locations: West Covina City Clerk's Office (3'd floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) dlc� Margare G cia, Deputy City Clerk Posted: 51 WO e