Chapter 5.24
PRIVATE STREET PATROL SERVICES
Sections:
5.24.020 Private patrolman defined.
5.24.030 Private street patrol service defined.
5.24.040 Exemption from registration provisions.
5.24.050 Registration required.
5.24.060 Contents of application for registration--Fee to accompany.
5.24.070 Application for registration as private patrolman.
5.24.080 Issuance of certificate as private patrolman.
5.24.090 Certificate as private patrolman--Contents--Carrying--Surrender--Reissuance.
5.24.100 Certificate for private street patrol service.
5.24.110 Fees for private street patrol service--Private patrolman.
5.24.120 Renewal of certificate of registration.
5.24.130 Suspension--Refusal of certificate of registration.
5.24.140 Notice of revocation or suspension of certificate--Appeal procedure.
5.24.150 Chief of police may require applicant to specify area of service.
5.24.160 Badge or uniform not to resemble sheriff’s or police chief’s employees.
5.24.170 Chief of police may specify equipment--Weapons.
5.24.180 Insignia--Vehicle requirements.
5.24.190 Patrolman reports--Filing.
5.24.010 Adopted.
This chapter is adopted pursuant to Section 7523 of the Business and Professions Code and is necessary to meet local needs of the city for regulation of private street patrol services and personnel and to sustain the city’s costs of such regulation. (Ord. 24 1, 1965)
5.24.020 Private patrolman defined.
“Private patrolman means any person who not only is employed by or is an agent of a private street patrol service but who also performs any of the services described in Section 5.24.030, and includes every owner, partner, officer and manager of a private street patrol service whether or not he personally performs any of such services. (Ord. 24 3, 1965)
5.24.030 Private street patrol service defined.
“Private street patrol service” means any person, firm or corporation who for a consideration furnishes or agrees to furnish to another the services of a watchman, guard, patrolman, private policeman, or other person to protect persons or property or to prevent the theft, loss, concealment, or destruction of or damage to property of any kind, whether by constant observation or intermittent inspection by means of pedestrian or vehicular patrol on the streets or otherwise, or who performs any of such services for another except as a part of employment exclusively by one employer. (Ord. 24 2, 1965)
5.24.040 Exemption from registration provisions.
The registration provisions of this chapter do not apply to any person in the performance of any service required of him as an employee of any governmental agency or as a member of any legally constituted police reserve organization thereof, nor to the furnishing of protection incidental to the transportation for hire of money, securities, negotiable instruments and similar valuables, nor to escorts of funeral processions. (Ord. 24 4, 1965)
5.24.050 Registration required.
No private street patrol service shall be maintained or shall function or shall employ a private patrolman without first having obtained a certificate of registration as required in this chapter and no private patrolman shall accept employment with any private street patrol service or perform any service therefore, without first having obtained a current certificate of registration as required in this chapter. (Ord. 24 5, 1965)
5.24.060 Contents of application for registration--Fee to accompany.
Any person, firm or corporation holding a current license from the state of California as a private patrol operator may apply to the chief of police of the city for a certificate of registration as a private street patrol service. Such application shall be in the form required by the chief of police and shall include or be accompanied by such information as he may uniformly require, including, but not limited to, the names of all owners, partners, officers and managers thereof, their fingerprints and photographs and substantial evidence of their good moral character. The application shall be accompanied by the fee or fees required in Section 5.24.110. (Ord. 24 6, 1965)
5.24.070 Application for registration as private patrolman.
Any person may make application to the chief of police for a certificate of registration as a private patrolman. Such application shall be in the form required by the chief of police and shall include or be accompanied by such information as he may require, including the applicant’s fingerprints and photograph and substantial evidence of his good moral character. The application shall be accompanied by the fee or fees required in Section 5.24.110, and by the written request of the private street patrol service by which the applicant is to be employed or of which he is an owner, partner, officer or manager, that a certificate of registration be issued to him. (Ord. 24 7, 1965)
5.24.080 Issuance of certificate as private patrolman.
The chief of police shall make such investigation as may be necessary to satisfy himself that the applicant for certificate as a private patrolman, and each owner, partner, officer or manager of the applicant for certificate as a private street patrol service, is a person of good moral character, and thereupon shall issue the appropriate certificate of registration which shall expire in one year unless sooner revoked. The certificate shall be issued in any case not later than one month after the filing of the application. A provisional certificate of registration may be issued for a private patrolman for a period not exceeding one month, pending completion of the investigation, and may be revoked at any time without cause. No certificate of registration for a private patrolman shall be issued except for employment by a private street patrol service then holding a current certificate of registration. (Ord. 24 8, 1965)
5.24.090 Certificate as private patrolman--Contents--Carrying--Surrender--Reissuance.
The certificate for a private patrolman shall be of usual identification card size, shall contain his name and the name of the private street patrol service by whom he is employed, the date of its expiration and shall be carried on his person at all times when he is performing the services for which registration is required. On termination of his employment, he shall immediately deliver the certificate to his employer, who shall forthwith surrender the same to the chief of police. Within the period for which such certificate was issued, a certificate may be reissued to the same person for the remainder of the period upon the written request of the same or a different employer unless cause for revocation then exists. (Ord. 24 9, 1965)
5.24.100 Certificate for private street patrol service.
The certificate for a private street patrol service shall contain the date of its expiration, the name and address of the place of business thereof and the names of all the owners, partners, officers and managers, and shall be displayed at all times at said place of business. On termination of the service, or upon revocation of the service’s state license or its expiration without renewal, the certificate shall be automatically revoked and shall forthwith be surrendered to the chief of police. On change of address or change of ownership, or change of officer or manager personnel, or upon request of the chief of police for other cause, the certificate shall be forthwith delivered to the chief of police for change or correction or reissue. (Ord. 24 10, 1965)
5.24.110 Fees for private street patrol service--Private patrolman.
The initial registration fee for a private street patrol service shall be fifty dollars for one year, and for a private patrolman shall be twenty-five dollars for one year. The fee for each annual renewal of registration shall be twenty-five dollars for a private street patrol service and ten dollars for a private patrolman. A fee of two dollars for each amendment or reissue of a certificate of a private street patrol service, and a fee of two dollars for each reissue of a certificate of a private patrolman, shall be paid at the time thereof. Upon refusal of a certificate of registration for a private street patrol service, twenty-five dollars of the initial registration fee shall be refunded. Upon refusal of a certificate of registration for a private patrolman, ten dollars of the initial registration fee shall be refunded. There shall be no other refunds. (Ord. 24 11, 1965)
5.24.120 Renewal of certificate of registration.
A certificate of registration shall be renewable annually upon payment of the applicable fee and application made to the chief of police not less than fifteen days before the expiration of the current certificate, containing such current information as the chief of police may require, and provided that cause for revocation, or for refusal of an initial application, does not exist. The chief of police may delay issuance of the certificate for fifteen days, pending completion of such investigation as he may deem necessary. (Ord. 24 12, 1965)
5.24.130 Suspension--Refusal of certificate of registration.
A certificate of registration may be suspended or revoked by the chief of police upon any ground specified in Section 7587.1 of the Business and Professions Code as if such certificate were the license therein mentioned, or for violation of this chapter. A certificate of registration may be refused by the chief of police for lack of proof of good moral character upon any ground specified in Section 7582.24 of the Business and Professions Code (Ord. 783, 2001; Ord. 24 13, 1965)
5.24.140 Notice of revocation or suspension of certificate--Appeal procedure.
Whenever the chief of police refuses a certificate of registration, or revokes or suspends such certificate, he shall give immediate notice in person or by mail to the applicant or the holder of the certificate. Within ten days thereafter the person or organization aggrieved thereby may appeal to the city council from the decision of the chief of police by filing with the city clerk a written request for hearing. At its next regular meeting the city council shall fix a date for hearing not less than five nor more than ten days thereafter, unless both appellant and chief of police consent to an earlier or later hearing, and shall cause notice to be given to the appellant and the chief of police, which may be by mail or in person, not less than five days before the hearing, unless notice be waived. At the time fixed for hearing, the city council shall hear and determine the appeal, unless a postponement be agreed to by the appellant, the chief of police and the city council. Unless the city council reverses or modifies the action of the chief of police, his decision shall be deemed sustained. (Ord. 24 14, 1965)
5.24.150 Chief of Police may require applicant to specify area of service.
As a part of an application for a certificate of registration as a private street patrol service, the Chief of Police may require the applicant to specify the area in the City, within which the activities of the service are to be carried on. Such area may be enlarged, decreased or altered by the service at any time by giving the Chief of Police prior written notice specifying the change. At no time shall the service or its employees carry on such activities except within the limits of the area currently designated in writing to the Chief of Police. Nothing in this section shall be construed as vesting any exclusive right in any private street patrol service to carry on its activities in any particular area, nor to authorize the Chief of Police to limit such a service to any particular area. (Ord. 24 15, 1965)
5.24.160 Badge or uniform not to resemble Sheriff’s or Police Chief’s employees.
No private patrolman shall wear or display any badge, insignia or uniform which is identical to or closely resembles the badge, insignia or uniform prescribed for employees of the Sheriff, members of the Sheriff’s reserve, or of employees of the Chief of Police of the City. (Ord. 24 16, 1965)
5.24.170 Chief of Police may specify equipment--Weapons.
The Chief of Police may specify the Police equipment, including weapons, which a private patrolman may wear or carry while on duty, and no Police equipment or weapon not so specified shall be worn or carried. (Ord. 24 17, 1965)
5.24.180 Insignia--Vehicle requirements.
Every private patrolman shall, while on duty as such, wear on the left breast portion of his outer garment a rectangular insignia bearing the words “Private Patrol” in letters at least one-half inch high. A motor vehicle used by a private street patrol service shall, if it bears any insignia or designation of the service, display as a part thereof or adjacent thereto the words “Private Patrol” in letters at least four inches high. Such a vehicle shall not be painted black and white or any similar combination of contrasting colors or shades so as to resemble, either by day or night, the typical appearance of black and white Police vehicles commonly used by public agencies, and any such vehicle shall not bear any insignia in the form or shape of a star, shield, seal or other emblem similar to those commonly used on vehicles of public agencies. (Ord. 24 18, 1965)
5.24.190 Patrolman reports--Filing.
Every private patrolman shall immediately report orally to the nearest City Police office or Police station any crime committed against property or person which he may discover while on duty, and shall promptly thereafter file a full written report with the proper authorities. (Ord. 24 19, 1965)