Chapter 18
PRIVATE SECURITY LICENSE*

Sections:

5-18.01    Definitions.

5-18.02    License required.

5-18.03    Application for private security license.

5-18.04    Application—Investigation.

5-18.05    Liability insurance.

5-18.06    Standard for approval.

5-18.07    Term of license.

5-18.08    Terms and conditions.

5-18.09    Sale, assignment, and transfer.

5-18.10    City license fee.

5-18.11    Reports of violations of laws required.

*    Sections 5-18.01 through 5-18.13, codified from Ordinance No. 571 N.C.S., repealed by Section 1, Ordinance No. 408 C-M, effective September 29, 1977.

    Section 5-18.05 entitled “Surety bonds,” codified from Ordinance No. 408 C-M, repealed by Ordinance No. 632-84 C-M, effective March 29, 1984.

    Chapter 18 entitled “Patrol Service Operators,” consisting of Sections 5-18.01 through 5-18.17, codified from Ordinance No. 408 C-M, repealed by Ordinance No. 1283-12 (CM), effective February 9, 2012.

5-18.01 Definitions.

For the purposes of this chapter, the following words shall have the following meanings:

(a)    “Peace Officer” shall mean the same as Section 830 of the California Penal Code.

(b)    “Private patrol operator” shall mean the same as subdivision (a) of Section 7582.1 of the California Business and Professions Code.

(c)    “Proprietary private security officer” shall mean the same as subdivision (f) of Section 7574.1 of the California Business and Professions Code.

(d)    “Private security license” shall mean a license from the City to wear a uniform or operate a vehicle to provide the services regulated by the Proprietary Security Services Act and/or the Private Security Services Act in the City.

(e)    “Security patrol services” shall mean the services regulated by the Proprietary Security Services Act or the Private Security Services Act.

(§ 1, Ord. 1283-12 (CM), eff. February 9, 2012)

5-18.02 License required.

It shall be unlawful for any person to directly or indirectly use a uniform or operate a vehicle to provide security patrol services in the City without first having obtained a valid private security license issued by the City.

(§ 1, Ord. 1283-12 (CM), eff. February 9, 2012)

5-18.03 Application for private security license.

Any person desiring to obtain a private security license from the City shall apply in writing and be signed by each individual having any interest in the person applying for a private security license. The application shall contain the applicant’s license number under the Proprietary Security Services Act or the Private Security Services Act and the license number of any proprietary private security officer, proprietary private security employer and private patrol operator. The application shall have affixed thereto the applicant’s verified application for a State license as a private patrol operator, security officer, proprietary private security officer or proprietary private security employer together with the certificates evidencing compliance with the training requirements of the Proprietary Security Services Act and the Private Security Services Act, all firearms permits, firearms qualification cards, baton qualification training certification and a certificate evidencing proficiency in the use of any tear gas or other non-lethal chemical agent proposed to be carried by any person.

(§ 1, Ord. 1283-12 (CM), eff. February 9, 2012)

5-18.04 Application—Investigation.

After filing an application, the Chief of Police shall cause an investigation to verify the status of such license and compliance with the uniform and insignia standards proposed to be worn by the private patrol operator and the vehicle standards of vehicles proposed to be used by private patrol operators.

(§ 1, Ord. 1283-12 (CM), eff. February 9, 2012)

5-18.05 Liability insurance.

No application for a private security license where an applicant or employee carries a firearm as part of his or her duties shall be approved unless the applicant produces satisfactory evidence of compliance with California Business and Professions Code Section 7583.40 and shall maintain an insurance policy required by California Business and Professions Code Section 7583.39 et seq.

(§ 1, Ord. 1283-12 (CM), eff. February 9, 2012)

5-18.06 Standard for approval.

No private security license shall be approved by the Chief of Police unless the applicant has satisfied all requirements of this chapter and is in full and complete compliance with Proprietary Security Services Act or the Private Security Services Act.

(§ 1, Ord. 1283-12 (CM), eff. February 9, 2012)

5-18.07 Term of license.

A private security license shall be issued annually for a period of one year, subject to renewal upon a showing of compliance with this chapter.

(§ 1, Ord. 1283-12 (CM), eff. February 9, 2012)

5-18.08 Terms and conditions.

(a)    The Chief of Police shall regulate the style and color of the uniform to be used by a private patrol operator or a proprietary private security officer, so as to make the uniforms and vehicles clearly distinguishable from the uniforms worn and vehicles used by local regular law enforcement officers. Such review shall include but not be limited to:

(1)    Color. The uniform shall be of any color not used by local law enforcement personnel.

(2)    Patches. The patch shall be of any color or shape not used by law local law enforcement personnel.

(3)    Badges, Cap Pieces, and Name Tags. Private patrol operators and proprietary private patrol operators shall not wear badges resembling a star nor including a seal or emblem. Any badge shall be plain with the name of the company and the words “Private Security” clearly placed thereon. A member of a private security patrol service shall wear a name tag indicating his or her first and last name.

(4)    Vehicles. Private patrol operator shall not operate or use any vehicle which is the same or similar color or color combination used by local law enforcement. No seal, emblem or decal shall be placed on a vehicle. The name of the company and the words “Private Security” or “Private Patrol” or “Private Security Patrol” shall be placed on the side of the doors and the rear of the vehicle. Lettering shall be not less than two and one-half (2.5) inches in height, and shall contrast to the color of the background upon which it is placed.

(b)    Any license and/or approval issued pursuant to this chapter may be revoked by the Chief of Police at any time, for cause shown, after notice to the holder thereof and an opportunity to be heard shall have been given.

(§ 1, Ord. 1283-12 (CM), eff. February 9, 2012)

5-18.09 Sale, assignment, and transfer.

No private security license granted pursuant to the provisions of this chapter may be sold, assigned, or transferred to any other person.

(§ 1, Ord. 1283-12 (CM), eff. February 9, 2012)

5-18.10 City license fee.

The fee for a private security license shall be in an amount established by resolution of the City Council from time to time.

(§ 1, Ord. 1283-12 (CM), eff. February 9, 2012)

5-18.11 Reports of violations of laws required.

Proprietary private security officers and employees of private patrol operators shall report to the Police Department any felony crimes observed or reported by a third party. Such reports may be made by telephone or by personal visit to the watch commander or other person charged with receiving reports of law violations.

(§ 1, Ord. 1283-12 (CM), eff. February 9, 2012)