Chapter 5.40
PATROL OPERATORS AND SPECIAL GUARDS1
Sections:
5.40.020 State license and city permit required.
5.40.030 Permit – Application.
5.40.035 Post-permit requirements.
5.40.040 Permit – Revocation or suspension.
5.40.060 Chapter enforcement responsibility.
5.40.070 Advertisement approval.
5.40.080 Titles, insignias and items similar to police prohibited.
5.40.090 Reports to police department.
5.40.100 Definition – “On-duty,” “off-duty.”
5.40.110 Special guard badge-wearing.
5.40.130 Private patrol vehicles.
5.40.150 Equipment and uniform inspection.
5.40.170 Permit – Investigation – Issuance.
5.40.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. “Private patrol operator” or “operator of a private patrol service” means a person as defined in Sections 7521 and 7522 of the Business and Professions Code of the state who, for any consideration whatsoever, agrees to furnish or furnishes a watchman, guard, patrolman or other person to protect persons or property, or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind; or performs the service of such watchman, guard, patrolman or other person for any of such purposes;
B. “Special guard” means an employee of a private patrol operator who performs the service of a guard, watchman, private patrolman or other patrol function. (Ord. 1401 § 1, 1979; 1964 Code § 18.1.)
5.40.020 State license and city permit required.
No person shall engage in the business of being a private patrol operator or operator of a private patrol service in the city without first obtaining a valid private patrol operator’s license from the state and obtaining a permit from the city council. (Ord. 1401 § 1, 1979; 1964 Code § 18.2.)
5.40.030 Permit – Application.
An application for a private patrol operator’s permit shall be submitted to the police department, shall be verified, and shall contain the following information:
A. A photostatic or certified copy of the applicant’s state license and surety bond as evidence that the applicant has complied with the state laws governing the business of private patrols;
B. A list of locations to be patrolled, including the names and addresses of businesses to be patrolled and/or locations to be patrolled;
C. A description of areas of public or private property upon which the applicant intends to park vehicles used in the operation of his business;
D. A current list of names, California driver’s license numbers, state security guard registration numbers, firearm permit numbers, and baton and mace permit numbers of the security guards to be employed in the city;
E. A description of the color and design of the uniforms to be worn by special guards employed by the applicant along with color photographs depicting the front and sides of such uniform;
F. A description of the badge to be worn by any special guard employed by the applicant along with color photographs depicting the color, shape and size of such badges;
G. A statement regarding the number of vehicles applicant intends to use for patrol, their make, model, license number, color scheme, and insignia along with color photographs depicting the front, sides and rear of such vehicles;
H. A statement regarding the manner in which the applicant intends to conduct business in the city, including how the locations will be patrolled and a proposed schedule of patrols and services;
I. Such other identification and information as may be necessary to verify the truth of the matters required to be set forth in this application.
Nothing contained in this section shall be construed to deny the police department, in investigating the applicant, the right to take fingerprints and additional photographs of the applicant, its officers, members, associates and employees, or request additional information regarding the organization. (Ord. 1401 § 1, 1979; 1964 Code § 18.3.)
5.40.035 Post-permit requirements.
A. Every private patrol operator shall continually update the lists of locations to be patrolled, including names and addresses of businesses and locations to be patrolled by promptly notifying the police department of any changes of such names, addresses or locations.
B. Every private patrol operator shall continually update the list of guards employed in the city by notifying the police department of any changes in the list by providing the names of any additional guard or guards replacing those previously listed along with their California driver’s license numbers, state security guard registration numbers, and weapons permit numbers.
C. Any private patrol operator or operator of a private patrol service must have in his or her possession while working within the city his or her permanent private patrol license. An application for license or temporary license will not suffice. (Ord. 1401 § 1, 1979.)
5.40.040 Permit – Revocation or suspension.
Any permit granted pursuant to the provisions of this chapter to a private patrol operator may be revoked or suspended by the police chief when in his opinion the applicant is violating any of the provisions of this chapter or of the Private Investigator and Adjuster Act. In the event that any such permit is revoked by the police chief, an appeal may be taken to the city council within 30 days after the date of said denial or revocation. If such an appeal is taken, it shall be by written notice of appeal, filed with the city clerk and served upon the police chief by the applicant. The city council shall set a day for hearing the appeal and shall designate the time and place where such hearing is to be held. A notice of said hearing shall be given the applicant by the city clerk for mailing the same to the last known address of said applicant not less than five days prior to the date set for hearing. At any such hearing, the applicant shall be given the opportunity to be heard and/or defend himself, and may call witnesses and present evidence on his behalf. The police chief or his representative shall attend the hearing. Upon conclusion of such hearing, the city council shall make findings and shall sustain or overrule, by a majority vote, the decision of the police chief. (Ord. 1401 § 1, 1979; 1964 Code § 18.4.)
5.40.050 Application fee.
A. When the application for a private patrol operator’s permit is filed, a uniform nonrefundable fee shall be paid for the purpose of defraying the cost incidental to the proceedings.
B. Such charges and fees to be rendered shall be those which the city council may from time to time determine, fix and establish by resolution duly and regularly adopted by it. Such charges may be changed by the city council from time to time by resolution and shall be applicable for the period designated by such resolution. (Ord. 1401 § 1, 1979; 1964 Code § 18.5.)
5.40.060 Chapter enforcement responsibility.
Each private patrol operator shall be responsible for the enforcement of this chapter and the rules and regulations governing special guards. (Ord. 1401 § 1, 1979; 1964 Code § 18.6.)
5.40.070 Advertisement approval.
Any advertisement, notice or card used by a private patrol operator shall first be submitted to the police chief for review to ensure that such advertisement, notice or card does not deceive an ordinarily reasonable person into believing that the patrol service is a governmental agency or is endorsed by a governmental agency. (Ord. 1401 § 1, 1979; 1964 Code § 18.7.)
5.40.080 Titles, insignias and items similar to police prohibited.
No employee, officer, member or associate of any private patrol service shall wear or display any badge, insignia or uniform which so resembles that of a law enforcement officer of any city, county, state or federal agency within Los Angeles County as would deceive an ordinarily reasonable person into believing said employee, officer, member or associate was such a law enforcement officer. (Ord. 1401 § 1, 1979; 1964 Code § 18.8.)
5.40.090 Reports to police department.
Violations of the law observed by a private patrol operator or his employees shall be immediately reported to the police department. (Ord. 1401 § 1, 1979; 1964 Code § 18.9.)
5.40.100 Definition – “On-duty,” “off-duty.”
“On-duty” means the time the special guard or private patrol officer arrives at his first assigned post to the completion of his last assigned post. “Off-duty” means any time other than on-duty time. (Ord. 1401 § 1, 1979; 1964 Code § 18.10.)
5.40.110 Special guard badge-wearing.
It shall be the duty of every special guard to have on his person a special guard badge while performing the duties of special guard. While such special guard is wearing his uniform, such badge shall be worn on the outside front of his uniform. (Ord. 1401 § 1, 1979; 1964 Code § 18.11.)
5.40.120 Uniforms.
All special guards while performing their duties shall be in full, special guard uniforms, including badges, unless an exception is granted by the police chief. When uniforms are worn off-duty, the badge, insignia, hat piece, or any other identifying symbol attached to the uniform shall not be visible to public view. (Ord. 1401 § 1, 1979; 1964 Code § 18.12.)
5.40.130 Private patrol vehicles.
A private patrol service shall not use or permit to be used, for the purpose of patrolling, any vehicle which is not identified with markings or insignia clearly identifying said vehicle as a private patrol vehicle. No vehicles used by, or in connection with, any private patrol service or by any special officer shall be equipped in any manner with a red light or siren exhibited or directed toward the front of such vehicle. No vehicle used by, or in connection with, a private patrol service or by any special officer shall so resemble a police vehicle or bear markings or insignia which so resemble those of a governmental agency as would deceive an ordinarily reasonable person into believing such vehicle is a police vehicle or a vehicle representing a governmental agency. (Ord. 1401 § 1, 1979; 1964 Code § 18.13.)
5.40.140 Weapons.
Weapons shall include guns, mace and batons. A gun can only be carried by a special officer while he or she is on-duty and in possession of an authorized, valid State of California, Department of Consumer Affairs, Bureau of Collections, Investigative Services permit. Mace and batons may be carried by a special officer while on-duty and in the possession of an authorized, valid, permanent mace and/or baton permit. (Ord. 1401 § 1, 1979; 1964 Code § 18.14.)
5.40.150 Equipment and uniform inspection.
Each holder of a private patrol operator’s permit shall hold monthly inspection of all uniforms, equipment, ammunition and weapons. Records of inspection shall be maintained for a period of one year, and available to the police chief upon request thereof. (Ord. 1401 § 1, 1979; 1964 Code § 18.15.)
5.40.160 Punishment.
Any violation of this chapter is a misdemeanor, and upon conviction, the violator shall be punished by a fine not exceeding $500.00 and/or six months in the county jail. (Ord. 1401 § 1, 1979; 1964 Code § 18.16.)
5.40.170 Permit – Investigation – Issuance.
The police chief and such other department heads as may be requested within a reasonable time after filing of an application shall conduct such investigation as they may deem necessary concerning the application and the business proposed to be conducted. After the investigation of each special guard and the reports necessary for the issuance of the permit, the police chief shall issue such permit if he finds that all material facts in the application have been truly stated and that the applicant or the special guards have not previously been convicted of a crime involving moral turpitude; if he finds to the contrary, he shall deny such permit. (Ord. 1401 § 1, 1979; 1964 Code § 18.17.)
For statutory provisions regarding regulation of private detectives, see Business and Professions Code § 7520 et seq.