Chapter 5.40
PRIVATE PATROLS
Sections:
5.40.050 Permit—Investigation and issuance.
5.40.060 Regulation of permittees.
5.40.070 Permit—Revocation, suspension and appeal.
5.40.010 Short title.
This chapter shall be known as the “private patrol ordinance of the city.” (Ord. 473 § 1, 1971)
5.40.020 Definitions.
A. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section govern the construction, meaning, and application of words and phrases used in this chapter. The definition of each word or phrase constitutes to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
B. “Private patrol” means any person carrying on the business of night watchman, night watch service, private policeman or any other occupation, the purpose of which is to afford additional police or fire protection to the public for hire or reward; provided, however, that nothing contained in this chapter shall be deemed or construed to apply to private police protection incident to the transportation for hire within the city of money, checks and other written instruments of persons, associations, firms and corporations, or to escorts of funeral processions or to house movers. (Ord. 473 § 2, 1971)
5.40.030 Permit—Required.
A. Each private patrol operator shall secure a private patrol permit in accordance with this chapter.
B. Each nonclerical employee of a private patrol, whether or not such patrol is licensed by the state, shall obtain a registration permit as required by this chapter.
C. No person shall operate a private patrol or act as an employee therefor, without securing any permit required by this chapter. (Ord. 473 § 3, 1971)
5.40.040 Permit—Application.
A. Any person desiring to secure a private patrol permit or employee’s permit shall submit an application therefor to the chief of police and shall include the following:
1. The applicant’s name, home address, business address and telephone number. This includes information as to persons doing business under fictitious names, members of partnerships, and officers of corporations or associations;
2. A full description of the location and operation of the applicant’s place of business, including radio operation, and, in the case of an employee thereof, only the name of the business;
3. Such other and further information as the chief of police may require.
B. The application shall be under penalty of perjury and shall not be accepted unless it is clearly filled out in full with all required information, and must be accompanied by a payment of an application fee in an amount to be determined by the city council by resolution. The fee shall not be returned in the event that the permit is refused, revoked or suspended as hereinafter provided. The permit shall not be issued for a period of more than two years, or less than one year, and shall expire on June 30th. The change of address of the permittee shall not be cause for the issuance of a new permit, but such facts shall be registered with the chief of police. (Ord. 473 § 4, 1971)
5.40.050 Permit—Investigation and issuance.
A. The chief of police shall cause an investigation to be made of the facts stated in the permit application and shall within thirty days grant the permit, unless he finds the following:
1. That the applicant is not of a good moral character in that his previous history of conduct indicates that he is a lawbreaker or not to be trusted with the persons and property of other persons;
2. That the applicant fee has not been paid;
3. That statements made in the application are false;
4. Whether any fact (of which he has knowledge) exists which would be cause for revocation of permit.
B. A refusal to issue a permit may be appealed to the city council under subsection (E) of Section 5.40.070. (Ord. 473 § 5, 1971)
5.40.060 Regulation of permittees.
Any person possessing and operating under a private patrol permit or private patrol employee permit shall comply with the following regulations, which are also conditions of the continuing permission:
A. He shall never at any time display or wear on his person, on or off duty, a badge of any nature which would cause him to be taken for a law enforcement officer; he may wear a shield approved by the chief of police which conforms to this subsection.
B. He shall at all times while on duty wear an identification card issued by the chief of police on the front of the outer garment or uniform in such a manner as to be conspicuous and plainly visible. Such card shall bear the name of the patrol service of which the person is working, the identification number and the name of the bearer and shall bear his photograph. The identification card and any firearm used in the conduct of business shall not be used at any time other than on the employee’s regular tour of duty as a patrol employee and the card, shield and firearm shall be kept in the custody of the operator of the private patrol at all other times. Said items shall be checked out and in at the start and finish of the shift. He shall not possess an identification card unless he is operating or actually working for a private patrol. The private patrol operator shall return to the police department the cards of all terminated employees. Employees transferring from one patrol service to another shall receive the endorsement of the police department on the card.
C. He shall not wear any type of clothing identifiable as a uniform that has not been approved by the chief of police. The chief of police shall not approve any type of uniform that is not distinctly different from the uniforms worn by regularly employed peace officers in the city and county. Such uniforms shall be grey in color and any hat or head cover used shall also be grey in color and shall have the type or character of identification markings or insignia thereon that is prescribed by the chief of police.
D. No motor vehicle shall be used in the conduct of the private patrol business except with the prior approval of the chief of police, who shall inspect the vehicle to insure the maintenance of a readily apparent distinction from motor vehicles regularly used by authorized law enforcement agencies in the city and county. All vehicles shall be distinctly marked on the front door only with the designation “Private Patrol” in letters four inches in height. The chief of police shall prescribe or approve the types or characters of other identification to be placed on the motor vehicles. Lettering and identification, marking or insignia on motorcycles shall be also approved by the chief of police.
E. No firearm shall be carried in a vehicle or on the person of a private patrol employee unless he shall first have demonstrated proficiency in the safe use thereof, to the satisfaction of the chief of police. (Ord. 473 § 6, 1971)
5.40.070 Permit—Revocation, suspension and appeal.
A. Any private patrol permit or private patrol employee’s permit shall be revocable, or may be suspended, or renewal denied when a fact exists which would have been a ground for refusal to issue the permit, or when there has been a violation of any of the terms of this chapter, or rules promulgated pursuant hereto, or when the permittee’s service to the public is so inadequate or inefficient that, in the exercise of reasonable judgment, it appears that it amounts to a disservice to the public.
B. Upon learning of grounds for revocation or suspension of any permit, the chief of police shall, by written notice, inform the permittee of the dereliction and require him, by a set time, to correct the matter, and inform the city that such correction has been made. In the event of a noncorrectable dereliction, the chief of police shall set and give notice in writing of a hearing to consider suspension or revocation of the permit as provided in subsections (C) and (D).
C. In the case of correctable derelictions, upon the failure of the permittee to correct the dereliction or so inform the city, the chief of police shall by written notice inform the permittee that unless the default be sooner corrected and the city so informed, a hearing to consider suspension or revocation of the permit or denial of the renewal shall be heard before the chief of police at a time and place certain.
D. The hearing shall be conducted informally, may be continued; and upon the close of the presentation of evidence and argument and upon submission of the matter, the chief of police may dismiss the matter, revoke the permit, refuse its renewal, or provide for its suspension upon terms and conditions reasonably calculated to alleviate the dereliction. Failure to comply with the terms and conditions shall be deemed a ground for revocation or further suspension. The decision of the chief of police shall be final unless appealed.
E. The permittee may appeal the decision to the city council by filing a written appeal in triplicate in ten days with the city clerk, who shall deliver a copy to the chief of police and then inform the city council of the appeal. The city council shall set the matter for public hearing. The hearing shall be formal with both sides being granted the right of subpoena and cross-examination, except that formal rules of evidence shall not apply. The council may continue the hearing and shall render its decision within thirty days after the close thereof. The council may:
1. Alter the decision of the chief of police by reinstating or ordering the issuance of the permit;
2. Delete or alter any term or condition or suspension;
3. Revoke the permit or deny its renewal; or
4. Suspend the permit, with or without terms or conditions reasonably calculated to alleviate the dereliction.
The decision of the council shall be final except that any terms and conditions may be altered from time to time upon hearing before the council upon the appeal procedure in this subsection provided. (Ord. 473 § 7, 1971)