§ 15.106  APPEAL FROM INTRUSION DETECTION DEVICE REQUIREMENTS.
   (a)   Within ten days after the receipt of written notice from the Chief of Police requiring the installation and maintenance of photoelectric, ultrasonic or other intrusion detection device, the person responsible for compliance therewith may appeal in writing to the City Manager. In filing such notice of appeal, the appellant shall set forth the specific grounds wherein it is claimed there was an error or abuse of discretion by the Chief of Police or wherein the issuance of said written notice was not supported by proper evidence.
   (b)   Upon receipt of such appeal, the City Manager shall set said matter for hearing and cause notice thereof to be given to the appellant and to the Chief of Police, or his or her authorized representative, not less than five days prior to the date set for said hearing. At such hearing the appellant shall show cause on the grounds specified in the Notice of Appeal why the action excepted to should not be affirmed.
   (c)   The City Manager may affirm, reverse or modify the decision of the Chief of Police requiring the installation and maintenance of a photoelectric, ultrasonic or other intrusion detection device. If said decision is affirmed or modified by the City Manager, the appellant shall be given written notice thereof by the Chief of Police setting forth the installation to be made and the period of time within which the same shall be completed. In no event shall the period be less than that originally granted appellant. Failure to comply with the City Manager’s decision shall be deemed a misdemeanor.
   (d)   Provided, however, any person excepting to the decision of the City Manager may within ten days after the date of such decision appeal in writing to the City Council by filing with the City Clerk a written notice of appeal setting forth the specific grounds thereof. The City Clerk shall forthwith set said matter for hearing before the City Council and cause notice thereof to be given to the appellant, to the City Manager, and to the Chief of Police, or his or her authorized representative, not less than five days prior to date set for said hearing. At such hearing before the City Council the appellant shall show cause on the grounds specified in the notice of appeal why the decisions of the City Manager should not be affirmed.
   (e)   If the City Council affirms or modifies the decision of the City Manager the appellant shall be notified in writing by the Chief of Police of the installation to be made and the period of time within which the same shall be completed. In no event shall the new period of time be less than that granted originally. Failure to comply with the decision of the Council, on appeal, shall be deemed a misdemeanor.
(1958 Code, § 40.15)  (Ord. 67-71, passed 12-28-1967; Ord. 2002-1, passed 1-14-2002)