Chapter 3.84
PRIVATE PATROL SERVICE
Sections:
3.84.020 Permit--Required--Issuance.
3.84.030 Permit--Application--Information.
3.84.040 Permit--Application--Investigation.
3.84.060 Proof of state license and bond.
3.84.090 Regulation of uniforms and equipment.
3.84.100 False representation prohibited.
3.84.110 Reports to police department.
3.84.130 Permit or license--Suspension or revocation.
3.84.140 Permit or license--Fees.
3.84.010 Definition.
The words “private patrol” and “security service” mean a business or occupation in which any person performs, as a street patrol officer, or furnishes street patrol service or street patrol special officers to protect persons or property, whether for public or private purposes, 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 duties of street patrol special officer or street patrol service for any of the purposes set out in this paragraph.
A person who is engaged to safeguard private property and whose duties are carried out on private property, making only incidental use of the streets to travel from one location to another, and not intending to make known his presence on the streets as a deterrent to law violators or to engage in street surveillance, is not subject to the requirements of this chapter. (Ord. 12-75 §1, 1975: Ord. 13-72 §1, 1972).
3.84.020 Permit--Required--Issuance.
No person, either as principal or agent, shall engage in the business of maintaining or operating any private patrol service or patrol system without first obtaining a permit to do so from the chief of police. The permit shall be issued for a period of one year upon payment of a permit fee of one hundred dollars and upon compliance with the requirements contained herein. The permit shall be carried at all times by the person to whom it is issued and shall be exhibited upon demand by anyone. No permit issued hereunder shall be transferable by operation of law, or otherwise. The chief of police shall issue a permit only after he has determined, after a thorough investigation, that the contents of the application are true, that the applicant is a fit and proper person to carry on such business, that the applicant has complied with the ordinances of the city and the laws of the state. (Ord. 13-72 §2, 1972).
3.84.030 Permit--Application--Information.
An application for a permit shall be filed with the chief of police. The application shall be signed and verified by the applicant and shall specify his name, business address, residence address and the numbers of any telephones maintained by him, the location of his last place of business, the name and character of said business and the length of time he was engaged therein, a statement of whether the applicant has ever been convicted of a felony or misdemeanor, and such other identification and information as is deemed necessary by the chief of police, including but not limited to finger and thumbprints and a recent passport type photograph. (Ord. 13-72 §3, 1972).
3.84.040 Permit--Application--Investigation.
Upon receipt of the application the chief of police shall cause a thorough investigation to be made of the applicant. A permit shall be issued when the chief of police has satisfied 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 he may consider any facts or evidence bearing on the moral fitness and reputation of those who will be in charge of said private patrol and any other facts tending to enlighten him in this respect. (Ord. 13-72 §4, 1972).
3.84.050 Surety bond.
The application must be accompanied by a surety bond executed by a corporate surety, the form of which shall be approved by the city attorney, in the sum of fifty thousand dollars. The condition of each bond must be substantially such that the principal therein named will faithfully conform to each and all of the ordinances of the city, and the laws of the state, whether then in force, or which may thereafter be adopted, relating to the business of the applicant. The principal and sureties named in said bond and their successors and assigns shall be jointly and severally bound unto the city, and unto any person, firm or corporation aggrieved or damaged by the breach of the conditions of said bond. The bond shall not be void upon such recovery, but may be sued and recovered upon, from time to time, by any person, firm or corporation aggrieved or damaged until the whole penalty is exhausted. In the event that the total liability of the sureties upon such bond falls below fifty thousand dollars, applicant shall furnish an additional bond to keep the liability at the minimum of fifty thousand dollars. (Ord. 12-84 §1, 1984; Ord. 13-72 §5, 1972).
3.84.060 Proof of state license and bond.
Before a permit is issued, the applicant shall furnish the chief of police with a photostat or certified copy of his state license and bond evidencing that he has complied with the state laws relating to the business of private patrols. (Ord. 13-72 §6, 1972).
3.84.070 Liability insurance.
If applicant intends to, or does operate any motor vehicle in the conduct of his business, he shall file with the city clerk a policy or policies of insurance, carrying a ten-day cancellation notice endorsed thereon, covering such motor vehicle, which said insurance shall, as a minimum, include public liability coverage to the extent of one hundred thousand dollars for the death or injury of any person in any one occurrence, one million dollars for the death or injury of two or more persons in any one occurrence, and property damage coverage in the sum of one million dollars. The insurance policy shall apply to and cover each and every vehicle maintained by the applicant in furtherance of his business. (Ord. 12-84 §2, 1984; Ord. 13-72 §7, 1972).
3.84.080 Employees.
Prior to the employment of any person by a private patrol service or patrol system, such person shall make written application to the chief of police for a license, setting forth his name, address, physical description, whether he has ever been convicted of a felony or misdemeanor, and such other identification and information as may be required by the chief of police. At the time of making application, a proposed employee shall also submit his finger and thumbprints, a recent photograph, and a certificate from a reputable physician licensed by the state, certifying that, in his opinion, the proposed employee is not afflicted with any disease or infirmity which makes him unsafe or unsatisfactory for the performance of his duties. The fee for the processing of the application and issuance of the permit shall be set by resolution of the city council. The chief of police shall issue a license approving employment of the proposed employee only after he has determined that the proposed employee is of the age of twenty-one years or over, that the contents of the application are true, that the proposed employee is a fit and proper person to engage in such activities, and that the proposed employee has complied with the requirements of this section. The license shall be carried at all times by the person to whom it is issued, and shall be exhibited upon demand by anyone. (Ord. 4-92 §5, 1992; Ord. 13-72 §8, 1972).
3.84.090 Regulation of uniforms and equipment.
A. The chief of police shall prescribe or approve the style and type of uniform, if any, to be used by the private patrol system or patrol service, for the purpose of maintaining readily apparent distinction from the uniforms worn by the regularly employed police officers of the city.
B. No equipment or motor vehicle shall be used in any business or activity permitted hereunder except with the prior approval of the chief of police, who shall inspect such equipment or motor vehicle to insure the maintenance of a readily apparent distinction from the equipment and motor vehicles used by authorized law enforcement agencies.
C. The chief of police shall prescribe or approve the type or character of identification markings or insignia placed on any motor vehicle used in the operation of any private patrol service or patrol system. (Ord. 13-72 §9, 1972).
3.84.100 False representations prohibited.
No person, other than a regular police officer or a duly authorized reserve 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, word, 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. 13-72 §10, 1972).
3.84.110 Reports to police department.
Any and all unusual occurrences observed while patrolling, or at any other time, by members of a private patrol service or patrol system, shall be reported to the city police department immediately. It shall be the duty of such person to preserve the scene intact and allow no moving, disturbing or otherwise interfering with the property, persons, or things affected. Any violation of this section is grounds for revocation of any permit or license issued hereunder. (Ord. 13-72 §11, 1972).
3.84.120 Scope of authority.
No rights, duties or privileges granted or permitted hereunder shall be construed to create, permit or otherwise vest in the permittee, or any licensee, any powers specially reserved to peace officers as defined in the Penal Code of the state or in any ordinance of the city as distinguished from private citizens. (Ord. 13-72 §12, 1972).
3.84.130 Permit or license--Suspension or revocation.
A. A permit or license for a private patrol or private patrol employees may be suspended or revoked by the chief of police after notice and hearing for any of the following causes:
1. Fraud, misrepresentation or false statement contained in the application for license;
2. Fraud, misrepresentation or false statement made in the course of carrying on the business for which the license is issued;
3. Any violation of any city ordinance;
4. Conviction of any felony or misdemeanor involving moral turpitude;
5. Conducting the business for which the license is issued in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety and general welfare of the public.
B. Notice of the hearing for revocation of a license shall be given in writing setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least ten days prior to the date set forth for hearing.
C. The decision of the chief of police upon such hearing shall be final.
D. Whenever the chief of police deems that public health or safety requires it, he may suspend any license pending a hearing on an order to show cause why it should not be revoked. Licenses may be suspended upon twenty-four hours’ written notice served in the same manner as notice of hearing of revocation. (Ord. 13-72 §13, 1972).
3.84.140 Permit or license--Fees.
Fees required to be paid for any permit or license issued under the provisions of this chapter shall be in addition to any fee required to be paid under any ordinance of the city. No refund of a license fee shall be allowed by reason of the fact that the licensee discontinues the licensed activity prior to the expiration of the licensed term. (Ord. 13-72 §14, 1972).