Chapter 4.32
PRIVATE POLICE PATROLS
Sections:
4.32.040 False statements in application prohibited.
4.32.060 Bond required – Sufficiency.
4.32.070 Bond to be kept on file – Suspension for failure.
4.32.090 Reduction of bond by judgment.
4.32.100 Suspension of bond generally.
4.32.110 Investigation of applicants.
4.32.120 Duty to issue license or deny application and give notice.
4.32.130 Request for hearing upon denial.
4.32.140 Clerk to set date, give notice of hearing.
4.32.150 License denial – Hearing.
4.32.190 Identity of employer to appear on officer license.
4.32.200 Rules and regulations.
4.32.210 Suspension authorized.
4.32.220 Grounds for suspension.
4.32.230 Duration of suspension.
4.32.240 Notice of suspension.
4.32.250 Authority to request hearing upon suspension.
4.32.260 Clerk to set date, give notice of hearing.
4.32.270 License suspension – Hearing.
4.32.280 Whom officer may work for restricted.
4.32.010 Definitions.
As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
A. “Private police patrol service” means the guarding, watching or patrolling of private property by man, animal or device, except where performed for a single owner by persons whose entire compensation is paid by such owner directly or indirectly.
B. “Private police patrol special officer” means any person who guards, watches or patrols as an owner, agent, servant or employee of a street patrol service. (Ord. 47 § 1, 1987; 1987 Code § 6.44.010)
4.32.020 License required.
It is unlawful for any employee of a state-licensed private patrol operator who is unable to furnish evidence of registration pursuant to subdivision (f) of Section 7514 of the California Business and Professions Code or for any person to perform or offer to perform as a private police patrol service or to act as a private police patrol special officer in this city unless licensed pursuant to this chapter. (Ord. 47 § 1, 1987; 1987 Code § 6.44.020)
4.32.030 Application.
An application for a private police patrol service license or a private police patrol special officer license shall be made to the license collector on forms provided by the chief of police, which shall be in a form fixed by the chief of police. (Ord. 47 § 1, 1987; 1987 Code § 6.44.030)
4.32.040 False statements in application prohibited.
No person shall make any false statement in an application for a license required by this chapter. (Ord. 47 § 1, 1987; 1987 Code § 6.44.040)
4.32.050 Application fee.
An application for a private police patrol service license shall be accompanied by the payment of a fee established by city council resolution. An application for a private police patrol special officer license shall be accompanied by the payment of a fee of $5.00. (Ord. 47 § 1, 1987; 1987 Code § 6.44.050)
4.32.060 Bond required – Sufficiency.
No private patrol service license shall be issued by the license collector unless the applicant files with him a surety bond, executed by such applicant with two or more sureties or by a surety company authorized to do business in the state in the sum of $500.00 conditioned for the careful, faithful and honest conduct of the business of private police patrol service. The bond required shall be approved by the city attorney as to form, execution and sufficiency of sureties. (Ord. 47 § 1, 1987; 1987 Code § 6.44.060)
4.32.070 Bond to be kept on file – Suspension for failure.
Every person licensed in accordance with this chapter shall, at all times, maintain on file with the license collector the surety bond required by this chapter in full force and effect; and upon failure to do so, the license of such licensee shall be forthwith suspended until such a bond is so placed on file. (Ord. 47 § 1, 1987; 1987 Code § 6.44.070)
4.32.080 Action on bond.
The bond required in SBMC 4.32.070 shall be taken in the name of the people of the state; and every person injured by the negligent, willful, malicious or wrongful act of the principal, his agent, servant or employee in the conduct of the private police patrol service may bring an action on the bond in his own name to recover damages for each negligent, willful, malicious or wrongful act. (Ord. 47 § 1, 1987; 1987 Code § 6.44.080)
4.32.090 Reduction of bond by judgment.
Unless the surety bond required by this chapter expressly provides to the contrary, when any person obtains a judgment thereon, the bond shall be deemed to have been reduced by the amount of the judgment and the bond shall no longer be in full force and effect to that extent. (Ord. 47 § 1, 1987; 1987 Code § 6.44.090)
4.32.100 Suspension of bond generally.
The license collector shall immediately suspend any private police patrol service license when the bond required by SBMC 4.32.070 lapses, is reduced by reasons of a judgment thereon, or for any other reason is no longer in full force and effect. (Ord. 47 § 1, 1987; 1987 Code § 6.44.100)
4.32.110 Investigation of applicants.
The license collector shall refer all applications for licenses to the San Diego County sheriff. The San Diego County sheriff shall investigate the character and qualifications of all applicants for licenses required by this chapter. (Ord. 47 § 1, 1987; 1987 Code § 6.44.110)
4.32.120 Duty to issue license or deny application and give notice.
If the San Diego County sheriff is satisfied that the applicant for a license required by this chapter is of good moral character and qualified to hold the license applied for, he shall approve the license; otherwise, he shall deny the application and notify the applicant of such denial by notice mailed to him at the address given in his application. Upon approval, the San Diego County sheriff shall return the application to the license collector, who shall issue the license. (Ord. 47 § 1, 1987; 1987 Code § 6.44.120)
4.32.130 Request for hearing upon denial.
The San Diego County sheriff’s determination to approve the license required by this chapter or deny the application therefor shall be final unless the applicant, within 10 days of the date of mailing of the notice of denial required in SBMC 4.32.130, requests, in writing filed with the city clerk, a hearing thereon by the city council. (Ord. 47 § 1, 1987; 1987 Code § 6.44.130)
4.32.140 Clerk to set date, give notice of hearing.
Upon receipt of a request for a hearing to review the denial of an application for a license required by this chapter, the city clerk shall set such request for hearing not later than 15 days therefrom, or at the next council meeting thereafter, and mail notice of the hearing to the San Diego County sheriff and to the applicant, at the address shown on his request of hearing, at least five days prior to the date of the hearing. (Ord. 47 § 1, 1987; 1987 Code § 6.44.140)
4.32.150 License denial – Hearing.
At a hearing to review the denial of an application for license required by this chapter, the city council shall hear the San Diego County sheriff and his witnesses and the applicant and his witnesses. After the hearing, the council shall, by resolution, either sustain the San Diego County sheriff’s action or direct the license collector to approve the license applied for. (Ord. 47 § 1, 1987; 1987 Code § 6.44.150)
4.32.160 Term.
All licenses issued pursuant to this chapter shall be for a term of one calendar year. (Ord. 47 § 1, 1987; 1987 Code § 6.44.160)
4.32.170 Transferability.
Licenses issued under this chapter cannot be transferred. (Ord. 47 § 1, 1987; 1987 Code § 6.44.170)
4.32.180 Renewal.
Upon payment by those persons licensed pursuant to this chapter of a renewal tax or fee in the same amount as the tax or fee on the original application, the license collector shall issue renewal licenses to all licensees whose licenses have not been suspended at the time such licenses expired. (Ord. 47 § 1, 1987; 1987 Code § 6.44.180)
4.32.190 Identity of employer to appear on officer license.
Licenses for private police patrol special officers shall set forth the private police patrol service for whom the private police patrol special officer is authorized to act. (Ord. 47 § 1, 1987; 1987 Code § 6.44.190)
4.32.200 Rules and regulations.
The San Diego County sheriff is authorized to prepare such rules and regulations for private police patrol services and private police patrol special officers as he deems necessary, which shall be effective upon approval of the city council. (Ord. 47 § 1, 1987; 1987 Code § 6.44.200)
4.32.210 Suspension authorized.
The San Diego County sheriff may suspend any license issued in accordance with this chapter for a violation of approved rules and regulations. (Ord. 47 § 1, 1987; 1987 Code § 6.44.210)
4.32.220 Grounds for suspension.
A violation of approved rules and regulations by one licensed pursuant to this chapter shall be grounds for suspension of such license. (Ord. 47 § 1, 1987; 1987 Code § 6.44.220)
4.32.230 Duration of suspension.
Suspension of a license required by this chapter may be for a definite length of time or until the violation is avoided. (Ord. 47 § 1, 1987; 1987 Code § 6.44.230)
4.32.240 Notice of suspension.
The San Diego County sheriff shall immediately notify any licensee, by personal service, of the suspension of his license, and inform the city council of his action. (Ord. 47 § 1, 1987; 1987 Code § 6.44.240)
4.32.250 Authority to request hearing upon suspension.
Any licensee whose license is suspended as authorized by this chapter may, in writing, request a hearing thereon by the city council. (Ord. 47 § 1, 1987; 1987 Code § 6.44.250)
4.32.260 Clerk to set date, give notice of hearing.
Upon receipt of a request for a hearing to review the suspension of a license required by this chapter, the city clerk shall set such request for hearing not later than 15 days therefrom, or at the next council meeting thereafter, and mail notice of hearing to the San Diego County sheriff and to the licensee at the address shown on his license at least five days prior to the date of the hearing. (Ord. 47 § 1, 1987; 1987 Code § 6.44.260)
4.32.270 License suspension – Hearing.
At a hearing to review the suspension of a license required by this chapter, the council shall hear the San Diego County sheriff and his witnesses, and the licensee and his witnesses. After the hearing the council shall, by resolution, either sustain the San Diego County sheriff’s action, modify the terms of the suspension, or order the license reinstated. (Ord. 47 § 1, 1987; 1987 Code § 6.44.270)
4.32.280 Whom officer may work for restricted.
It is unlawful to act as a private police patrol special officer for a private police patrol service other than the service his license authorizes him to act for, unless so authorized by the San Diego County sheriff. (Ord. 47 § 1, 1987; 1987 Code § 6.44.280)