Chapter 5.48
PRIVATE PATROLS
Sections:
5.48.010 Permit—Required.
5.48.020 Permit—Application.
5.48.030 Permit—Suspension.
5.48.040 Permit—Revocation—Generally.
5.48.050 Permit—Revocation—Hearing.
5.48.060 Change of location—Fee.
5.48.070 Rules and regulations.
5.48.080 Use of police titles prohibited.
5.48.090 Representation as member of police department prohibited.
5.48.100 Taking collections prohibited.
5.48.110 Civil immunities.
5.48.120 Conducting, maintaining or soliciting business without permit.
5.48.130 Application in writing—Statement of background.
5.48.140 Application in writing—Employees rendering private patrol services.
5.48.150 Fees.
5.48.160 Violation—Penalty.
5.48.010 Permit—Required.
No person shall manage, conduct or carry on the business of a private patrol unless under and by authority of a written permit from the chief of police. (Ord. 230 § 1, 1981)
5.48.020 Permit—Application.
Permits required by Section 5.48.010 may be issued by said chief upon the written application of any person for himself or on behalf of any other person; provided, that the chief must first satisfy himself that the management, conduct and carrying on of such private patrol will be conducive to the public welfare and safety, and for this purpose the council may consider any facts or evidence bearing on the moral fitness and reputation of those who will be in charge of such private patrol and any other facts or evidence tending to enlighten the city council in this respect. (Ord. 75 § 3, 1973)
5.48.030 Permit—Suspension.
Any permit to manage, conduct or carry on a private patrol may be temporarily suspended by a written order signed by the chief of police, provided a copy of such order is transmitted by the chief of police to the council within twenty-four hours after its issuance. Such order shall be passed upon by the council at its regular meeting after such issuance, and shall cease to be of any effect thereafter. The council may at such meeting adopt a resolution continuing such temporary suspension in effect pending a regular hearing. (Ord. 230 § 2, 1981)
5.48.040 Permit—Revocation—Generally.
When the chief has issued any permit under the terms of Section 5.48.020, the same may be revoked at any time thereafter by the council, if the council becomes satisfied that the management conducting or carrying on such private patrol does not or will not be conducive to the public welfare and safety for any reason, or that the private patrol has been conducted in an illegal or improper manner. The chief of police shall make rules governing the management, conduct or carrying on of private patrols, and may revoke or suspend permits issued for the management or carrying on of any such occupation when the manager or person in charge thereof violates or permits any infraction of any such rules, or any law of the state or any ordinance of this city; provided, however, that no permit issued under authority of this chapter for the management, conduct or carrying on of any such private patrol shall be revoked unless a hearing and notice thereof is given the permittee as provided by Section 5.48.050. (Ord. 230 § 3, 1981)
5.48.050 Permit—Revocation—Hearing.
If the council or chief of police has reason to believe that such management, conduct or carrying on of such patrol is not conducive to the public health, safety or welfare, or that the private patrol has been conducted in an illegal or improper manner, the council shall issue an order, based upon not less than ten days’ written notice to the permittee, to show cause why such permit should not be revoked. A hearing before the council shall be given at the time, date and place specified in the notice.
At the hearing, the permittee may appear and offer evidence in support of his retention of the permit. At the hearing the council shall have power to revoke the permit, or to permit its retention, or to modify the rules governing its use and operation.
The decision of the council with reference to the permit shall be final and conclusive on the permittee.
In the event that the permit is revoked as herein specified, the permittee shall be barred for a period of one year from the date of the order of the council revoking the permit from again making application for any permit to conduct or operate the patrol. (Ord. 75 § 5, 1973)
5.48.060 Change of location—Fee.
The council may allow a permittee to change the location of the business office of his private patrol business without requiring a new permit to be obtained, upon the filing of an application for change of location and the payment of a fee of five dollars. (Ord. 75 § 6, 1973)
5.48.070 Rules and regulations.
The chief of police shall keep a register of all such rules and regulations regarding the regulating of private patrols. The council will further advise the chief of police and licensed private patrol services of any changes or additions to the rules and regulations in writing thirty days prior to the changes or additions becoming an enforceable part of the rules and regulations. (Ord. 230 § 4, 1981)
5.48.080 Use of police titles prohibited.
No person shall, in connection with any private business, employment or activity, use the title “chief of police,” “police chief,” “chief of detectives,” “detective,” “chief of public safety” or any other title or designation whatever calculated to indicate an official connection with the police department of this city, or with the police force of any other government or governmental agency, unless accompanied by additional language clearly displaying, without the use of initials or symbols, the identity of the private agency or employer on whose behalf the user of the title or designation is acting or purporting to act. (Ord. 75 § 8, 1973)
5.48.090 Representation as member of police department prohibited.
No person, other than a regular police officer of the city, shall, for any purpose whatsoever, represent himself, or falsely represent another, to be a member of the police department of this city, or use any sign, work, language or device calculated to induce a false or mistaken belief that he is acting or purporting to act on behalf of the police department of this city within the scope of any real or purported duty thereof. (Ord. 75 § 9, 1973)
5.48.100 Taking collections prohibited.
No person other than a regular police officer of this city, acting within the scope and course of his official duties, shall use any sign, badge, title or designation or make any express or implied representation calculated to induce the belief that he is a member of the police force of this city, or connected therewith in any way, in connection with any activity directed toward the collection of any money or debt, or the repossessing, recovering or taking of anything of value, or for any purpose of private gain whatsoever. (Ord. 75 § 10, 1973)
5.48.110 Civil immunities.
No private patrol officer shall, by virtue of any commission as heretofore or hereafter issued under this chapter, or pursuant to any other law or ordinance, be deemed to be an officer, agent, employee or representative of the city while engaging in any activity of any character whatsoever undertaken for private hire, profit or reward. (Ord. 75 § 11, 1973)
5.48.120 Conducting, maintaining or soliciting business without permit.
It is unlawful for any person, either as a principal or agent, to engage in the business of conducting or maintaining or soliciting business for any private patrol or system without first obtaining a permit from the chief of police therefor, and without paying the annual license fee provided for in this chapter. (Ord. 230 § 6, 1981)
5.48.130 Application in writing—Statement of background.
Before any person shall be employed or otherwise engaged in the business of conducting or maintaining any private patrol service in the city, he shall make an application in writing on the forms prescribed by the chief of police for permission to engage in such employment or business. The nature of the operation of the applicant shall be fully described, and a complete statement of the background of the applicant shall be given along with the name and address of the private patrol business, name, address, phone number and person in charge of the business. (Ord. 230 § 6, 1981)
5.48.140 Application in writing—Employees rendering private patrol services.
Should a business permit be granted, any employee engaged by the applicant to render any private patrol services in the city shall also submit an application and shall be engaged by the applicant for private patrol services in the city only upon approval by the chief of police, and violation of this section shall be grounds for revocation of the business permit as well as prosecution against the employee, employer and business. (Ord. 230 § 7, 1981)
5.48.150 Fees.
Such permit shall be issued upon the payment, in addition to such sums that may be required for the license. The initial fee for the private patrol operator shall be fifty dollars per calendar year and a ten-dollar renewal fee per calendar year. (Ord. 75 § 15, 1973)
5.48.160 Violation—Penalty.
A person who violates this chapter shall be punished as provided in Section 1.08.020 of this code. Each day during which a violation of this chapter is committed, continues or is permitted is a separate offense. (Ord. 75 § 16, 1973)