Chapter 5.28
PRIVATE PATROL SYSTEM OPERATORS
Sections:
Article 1. Permit Process
5.28.020 State license and city permit required.
5.28.030 Compliance with other laws.
Article 2. Registration of Employees
5.28.050 Registration of employees.
5.28.060 Employees under temporary license.
Article 3. General Conditions
5.28.090 Concealed weapons permits required.
5.28.140 Effect of change in police uniforms or vehicle colors or design.
Article 1. Permit Process
5.28.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Private patrol systems operator or operator of a private patrol service” means a person as defined in Section 7582.1 of the Business and Professions Code of the state who, for any consideration whatsoever, agrees to furnish or furnishes a watchperson, guard, patrol officer or other person to protect persons or property, 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 service of such watchperson, guard, patrol officer, or other person for any of such purposes. (Editorially amended during 2003 codification: Ord. 82-02 (part): prior code § 10-3.101)
5.28.020 State license and city permit required.
No person shall engage in the business of being a private patrol systems operator in the city without first obtaining a valid private patrol operators license from the state and registering with the city (Ord. 2003-26 § 1: Ord. 82-02 (part): prior code § 10-3.102)
5.28.030 Compliance with other laws.
No permit issued pursuant to this chapter shall excuse any person from complying with any law, whether federal, state or local, including any requirement of this code pertaining to business licenses. Issuance of a permit under this chapter shall not entitle any permittee to carry on business within the city without obtaining a city business license as is required elsewhere in this code. (Ord. 82-02 (part): prior code § 10-3.108)
Article 2. Registration of Employees
5.28.040 Licensed employees.
No private patrol service, nor the operator of such business, shall employ any person to perform security guard private patrol or street patrol duties unless the person is licensed by the state to perform such activities. Such license shall be carried by each such person at all times during the performance of any private patrol service. (Ord. 82-02 (part): prior code § 10-3.201)
5.28.050 Registration of employees.
Al1 persons employed by a private patrol system operator shall, prior to actually performing such services or holding themselves out to the public as being ready, willing and able to perform such services, register their name and file a copy of their state identification card with the chief of police. No fee shall be charged for such registration. (Ord. 82-02 (part): prior code § 10-3.203)
5.28.060 Employees under temporary license.
Persons employed by a private patrol service shall register when in possession of a temporary license issued by the state and, pursuant to such temporary license, may perform private patrol service duties for a period not to exceed ninety (90) days from the date the temporary state license was issued or until a permanent license is denied, whichever period is less. Such persons must be registered with the chief of police upon receipt of a permanent license from the state. (Ord. 82-02 (part): prior code § 10-3.203)
5.28.070 Roster of employees.
Each private patrol service operator shall file with the chief of police a roster of employees of the service. Operators shall immediately notify the chief of police of each deletion or addition to the roster. (Ord. 82-02 (part): prior code § 10-3.204)
Article 3. General Conditions
5.28.080 Firearm training.
No firearm shall be carried by a private patrol system operator or employee unless they have successfully completed such training in the carrying and use of firearms as satisfies the standards of the State Department of Consumers Affairs. A private patrol service operator and any employee who carried a firearm while engaged in their security business must have on file with the chief of police a copy of the state firearms qualification card and make, model and serial number of the firearm to be carried. (Ord. 82-02 (part): prior code § 10-3.301)
5.28.090 Concealed weapons permits required.
Neither the licensing by the state as a private patrol service operator or employee thereof, nor the state permit to carry weapons, shall constitute a permit to carry a concealed weapon within the city. No such concealed weapon shall be carried by either a private patrol service operator of an employee thereof, without first being licensed to do so by the chief of police. (Ord. 82-02 (part): prior code § 10-3.302)
5.28.100 Uniform insignia.
All private patrol service uniforms shall carry such insignia as required and approved by the chief of police:
A. Shoulder Patches. Shoulder patches shall be required on both shoulders of outer-most shirt or jacket. The patch may be designed in any shape but must contain one-half inch lettering giving the name of the company and the words “Private Patrol.”
B. Name Tags. Any members of the private patrol service shall wear a name tag indicating first name, middle initial, and last name.
C. Rank and Title. Members of a private patrol service shall not hold rank, nor title, nor wear insignia (i.e., stripes or bars) similar to the Winters police department. (Ord. 82-02 (part): prior code § 10-3.303)
5.28.110 Uniform.
A. Private patrol operators and employees shall wear uniforms approved by the chief of police.
B. An operator or employee of a private patrol system shall wear a uniform consisting of a two-tone combination with the pants being a dark color and the shirt being a light coordinating color. This two-tone combination uniform is intended to be substantially different than the uniform worn by the Winters police department, so as not to cause confusion for the ordinary and reasonable person attempting to contact a police officer.
C. No uniform substantially to the official uniform of a member of the Winters police department, the California Highway Patrol, or the Yolo County sheriff’s department shall be worn by any operator or employee, except a peace officer, if it is his or her official uniform, and is authorized to do so by the chief of police.
D. A substantially similar uniform is one which so resembles the official uniform as might cause an ordinary and reasonable person to believe that the person wearing such uniform is a member of the Winters police department, the California Highway Patrol, or the Yolo County sheriff department. (Ord. 82-02 (part): prior code § 10-3.304)
5.28.120 Vehicles.
No person conducting a private patrol service shall, in connection with the performance of such service, use any vehicle unless the exterior color, striping, decals and insignias thereon shall have been submitted to the chief of police for approval and shall have been approved by him or her. The chief of police shall approve an exterior color, striping, decal and insignia scheme unless he or she finds that the color striping, decal or insignia used is not clearly distinguishable from those used on police vehicles used by the Winters police department. In addition, the vehicles must have on both front doors, lettering, no less than three inches in height, reading “Private Patrol.” The lettering shall be in contrast to the color of the background upon which it is placed. 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 or she finds unacceptable, and shall recommend modifications which would render the proposed scheme acceptable. The failure of the chief of police to act within a thirty (30) day period shall be deemed to be an approval. No vehicle used by or in connection with any private patrol service shall be equipped in any manner with a red light, capable of facing toward the front of the vehicle, or a siren. (Ord. 82-02 (part): prior code § 10-3.305)
5.28.130 Communications.
No private patrol system shall operate in the field without continuous two-way communications in effect, during all patrols. (Ord. 82-02 (part): prior code § 10-3.306)
5.28.140 Effect of change in police uniforms or vehicle colors or design.
In the event of any modification of the uniform or badge worn by the officers of the Winters 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 services to determine whether they are still clearly distinguishable from uniforms, badges, and vehicles exterior color and design schemes of the Winters police department. If he or she finds that the uniforms, badges or exterior vehicle design scheme used by the operator of a private patrol 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 or 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 one hundred eighty (180) days of the date of notice by the chief of police. (Ord. 82-02 (part): prior code § 10-3.307)
5.28.150 Violation—Penalty.
Any violation of this chapter is a misdemeanor, and upon conviction, the violator shall be punished by a fine not exceeding one thousand dollars ($1,000.00) and/or six months in the county jail. (Ord. 2003-26 § 2: Ord. 82-02 (part): prior code § 10-3.308)