Chapter 5.70
PRIVATE PATROLS AND FUNERAL ESCORTS
Sections:
5.70.010 Power and general purpose.
5.70.020 “Private patrol” defined.
5.70.030 “Funeral escort” defined.
5.70.040 Regulation of private patrols and funeral escorts.
5.70.050 Registration requirements.
5.70.080 Effect of change in police uniforms or vehicle colors or design.
5.70.090 Appeal to city council.
5.70.010 Power and general purpose.
This chapter is enacted by the city council pursuant to California Constitution Article XI, Section 7, and Cal. Bus. & Prof. Code §§ 7514.2 and 7523. It is enacted for the purposes of assuring:
(a) That the Fremont police department is aware of those persons who are conducting private patrol services and funeral escort services, and of employees of such persons who are providing such services; and
(b) That the uniforms and insignias worn by such persons are clearly distinguishable from those worn by or used by regular officers of said department. (Ord. 1275 § 1, 9-19-78. 1990 Code § 5-5100.)
5.70.020 “Private patrol” defined.
For the purposes of this chapter, the term “private patrol” shall mean a street patrol service conducted for consideration to protect 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. (Ord. 1275 § 1, 9-19-78. 1990 Code § 5-5101.)
5.70.030 “Funeral escort” defined.
For the purposes of this chapter, the term “funeral escort” shall mean a service conducted for consideration whereby vehicles traveling in processions from mortuaries or funeral homes to places of interment or disposal of the remains of the deceased are escorted through the streets or are provided with assistance facilitating the flow of the vehicular traffic of such processions. (Ord. 1275 § 1, 9-19-78. 1990 Code § 5-5102.)
5.70.040 Regulation of private patrols and funeral escorts.
It shall be unlawful for any person to manage, conduct or carry on the business of a private patrol or funeral escort in the city of Fremont without first having complied with the registration requirements of Section 5.70.050. (Ord. 1275 § 1, 9-19-78. 1990 Code § 5-5103.)
5.70.050 Registration requirements.
(a) Every person managing, conducting or carrying on the business of a private patrol or funeral escort shall register with the chief of police on forms provided therefor by him/her and shall provide the following information:
(1) The true names, business addresses and business telephone numbers of the registrant.
(2) In the case of a registrant engaged in the private patrol business, the number of his/her license from the state of California authorizing him/her to engage in such business.
(3) In the case of a registrant engaged in the private patrol business, the territory of the city of Fremont, or the portion thereof, in which the registrant is providing or proposes to provide private patrol service.
(4) In the case of a registrant engaged in the funeral escort service, the names, addresses and telephone numbers of the mortuaries for which the escort service is to be provided.
(5) In the case of a registrant engaged in the private patrol business, the approximate number of customers to be provided private patrol service.
(6) The number of motor vehicles to be used in connection with patrol or escort services, including the vehicle identification number, vehicle license number, make, year and model of each vehicle.
(7) The names, business addresses and business telephone numbers of all employees providing private patrol or funeral escort services, including any identification number or registration number required by the state of California as a prerequisite to engagement in such employment.
The chief of police shall issue a registration card to each person who has complied with the requirements of this section.
(b) Each person who is required to register or has registered with the chief of police pursuant to subsection (a) of this section shall file an amended registration in the event of a change in the information required to be filed thereunder within 10 days after such change occurs.
(c) The registration required herein is not transferable. (Ord. 1275 § 1, 9-19-78; amended during 2012 reformat. 1990 Code § 5-5104.)
5.70.060 Uniforms and badges.
No person conducting a private patrol service or funeral escort service shall, in connection with the performance of such service, whether in person or through employees, utilize any uniform or badge unless such uniform or badge shall have been submitted to the chief of police for approval and shall have been approved by him/her. The chief of police shall approve a uniform or badge submitted to him/her unless he/she finds that such uniform or badge is not clearly distinguishable from those worn by police officers of the city of Fremont, in which case he/she shall disapprove such uniform or badge. In case of disapproval of any uniform or badge, the chief of police shall advise the operator of the service in writing within 30 days of the submittal as to any features of such uniform or badge which he/she finds unacceptable, and shall recommend modifications which would render the uniform or badge acceptable. The failure of the chief of police to act within said 30-day period shall be deemed to be an approval. (Ord. 1275 § 1, 9-19-78; amended during 2012 reformat. 1990 Code § 5-5105.)
5.70.070 Vehicles.
No person conducting a private patrol service or funeral escort service shall, in connection with the performance of said service, use any vehicle unless the exterior color, striping, decals and insignias thereof shall have been submitted to the chief of police for approval and shall have been approved by him/her. The chief of police shall approve an exterior color, striping, decal and insignia scheme unless he/she finds that the color, striping, decal or insignia used is not clearly distinguishable from those used on police vehicles used by the Fremont police department. In case of any disapproval of any such scheme, the chief of police shall advise the operator of the service in writing as to any color, striping, decal or insignia which he/she finds unacceptable, and shall recommend modifications which would render the proposed scheme acceptable. The failure of the chief of police to act within said 30-day period shall be deemed to be an approval. (Ord. 1275 § 1, 9-19-78; amended during 2012 reformat. 1990 Code § 5-5106.)
5.70.080 Effect of change in police uniforms or vehicle colors or design.
In the event of any modification of the uniform or badge worn by officers of the Fremont police department, or any modification in the exterior colors, striping, decal or insignia used on vehicles employed by such department, the chief of police shall review the approved uniforms, badges and vehicle exterior color and design schemes of the operators of private patrol and funeral escort services to determine whether they are still clearly distinguishable from uniforms, badges and vehicle exterior color and design schemes of the Fremont police department. If he/she finds that the uniforms, badges or exterior vehicle design scheme used by the operator of a private patrol or funeral escort service is no longer clearly distinguishable from that used by the officers and vehicles of such department, the chief of police shall advise the operator of the service in writing as to any color, striping, decal, insignia or badge which he/she finds unacceptable, and shall recommend modifications which would render the uniforms, badges or vehicular exterior color and design schemes acceptable. The operator of the service shall make the necessary modifications within 180 days of the date of notice by the chief of police. (Ord. 1275 § 1, 3-13-78; amended during 2012 reformat. 1990 Code § 5-5107.)
5.70.090 Appeal to city council.
A determination of the chief of police approving or disapproving any uniform or badge, or exterior color, striping, decal or insignia, of any vehicle to be used in connection with a private patrol service or funeral escort service pursuant to Sections 5.70.060 and 5.70.070, or requiring the modification thereof pursuant to Section 5.70.080, is appealable to the city council pursuant to Chapter 1.25. (Ord. 1275 § 1, 9-19-78. 1990 Code § 5-5108.)