Chapter 5.24
GUARDS AND PATROLS
Sections:
5.24.020 License—Required—Exception.
5.24.040 Application—Investigation.
5.24.060 License—Issuance requirements—Term.
5.24.080 Exhibition of license and identification cards upon request.
5.24.110 Suspension or revocation of license.
5.24.010 Definitions.
The following words and phrases when used in this chapter shall have the meanings, unless the context clearly indicates a different meaning, respectively ascribed to them as follows:
“Agents and employees” means all persons employed by a guard company in the conduct of his business directly engaged in providing protection and preserving the peace.
“Business or industrial guard” means an individual who accepts employment from a single employer for the purpose of watching, guarding, or otherwise protecting the persons and/or property of the employer only, or to preserve the peace in the conduct of that employer’s business, except any individual so employed by any common carrier engaged in interstate commerce, but excludes maintenance men and installers, janitors, repairmen, or persons engaged in similar occupations.
“Chief of Police” refers to and means Chief of Police of the city of Glendale.
“Merchant guard” or “merchant patrol” means any person, corporation, or organization who conducts or is engaged in the business of providing protection to persons and/or property, or preserving the peace in the conduct of any business, that is not their employer’s. (Ord. 2017-7 § 1 (part): Ord. 1989-14 (part): prior code § 9 1/2-1)
5.24.020 License—Required—Exception.
A. It is unlawful for any person, corporation or organization to engage in or conduct a merchant guard or merchant patrol business within the city, without first obtaining a company license as provided in this chapter. Unarmed business or industrial guards do not need to be licensed.
B. It is unlawful for any merchant guard or merchant patrol business to employ any agent or employee to work within the city unless the person to be employed has obtained a license from the city of Glendale as provided in this chapter.
C. It is unlawful for any person to accept employment as a merchant guard or merchant patrol operating within the city without obtaining a license as provided in this chapter.
D. This chapter shall not apply to full-time commissioned officers of the Glendale Police Department. (Ord. 2017-7 § 1 (part): Ord. 1989-14 (part): prior code § 9 1/2-2)
5.24.030 License—Application.
Applicants for a license as a merchant guard or merchant patrol business or employee of a merchant guard or merchant patrol business (armed guards, see Chapter 5.25) shall file an application with the Chief of Police or his designee, on forms to be provided for that purpose and shall contain the following:
A. In addition to the requirements of subsections C through F of this section, if applying for a license as a merchant guard or merchant patrol business: a description of the nature and type of business to be conducted, the services to be offered, and the area expected to be covered in the conduct of the business, and a statement as to the number of persons to be employed as agents or employees;
B. In addition to the requirements of subsections C through F of this section, if applying for a license as an agent or an employee of a merchant guard or merchant patrol business: the name of the person by whom the applicant is to be employed; the address where the applicant is to be employed; the nature of the services to be rendered and the purpose of the employment. In addition, the Chief of Police or his designee shall require evidence that the applicant will be employed by a merchant guard or merchant patrol business before the application is approved;
C. A CBI (Colorado Bureau of Investigations) clearance, a statement as to whether or not the applicant has been convicted of any felony or violation involving moral turpitude in the last seven (7) years or any acts of domestic violence, the nature of the offense, the penalty or punishment imposed, and the date and place where such offense occurred; or if a corporation or partnership, then if any officer, director, or partner has been convicted of any felony or violation involving moral turpitude in the last seven (7) years or any acts of domestic violence;
D. A statement to the business or employment record of the applicant for the five (5) years immediately preceding the date of application;
E. A “Medical and Moral Turpitude Acknowledgment” signed by the merchant guard or merchant patrol business;
F. An “Unlawful Acts Acknowledgment” form;
G. Any additional military discharge paperwork (DD214) and/or immigration paperwork needed. (Ord. 2017-7 § 1 (part): Ord. 1989-14 (part): prior code § 9 1/2-3)
5.24.040 Application—Investigation.
A. Upon receipt of each application, it shall be referred to the Chief of Police or his designee, who shall institute such investigation of the applicant’s business and moral character as deemed necessary for the protection of the public good and shall approve or deny the application as appropriate.
B. If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the Chief of Police or his designee shall deny the application providing a reason for the denial and notify the applicant and their employer that the application was denied and that no license shall be issued.
C. If, as a result of such investigation, the applicant’s character and responsibility are found to be satisfactory, the Chief of Police or his designee shall approve and issue the appropriate license. (Ord. 2017-7 § 1 (part): Ord. 1989-14 (part): prior code § 9 1/2-4)
5.24.050 License—Fees.
All application and license fees shall be established by resolution of the City Council. (Ord. 2017-7 § 1 (part): Ord. 1989-14 (part): prior code § 9 1/2-5)
5.24.060 License—Issuance requirements—Term.
A. A license shall be issued to applicants satisfying the requirements of this chapter and additionally satisfying all of the following requirements:
1. The applicant is eighteen (18) years of age or older, or is a corporation organized or authorized to conduct business in the state of Colorado.
2. The applicant has not been convicted of a felony or other violation pertaining to moral turpitude within seven (7) years immediately preceding the date of application.
3. The applicant, or if a corporation or partnership, then any officer, director, or partner, has not been convicted for fraud, deceit, or misrepresentation within the seven (7) years immediately preceding the date of application.
4. The applicant, or if a corporation or partnership, then any officer, director, or partner, does not have a record of conviction of drug addiction or a record of conviction of the commission of violent acts against persons or property or any acts of domestic violence.
5. The applicant has presented sufficient evidence that he/she is, or will be, employed by a merchant guard or merchant patrol business operating within the city upon issuance of the license.
B. All annual licenses issued under the provisions of this chapter shall expire at midnight, twelve (12) months from the date of issuance, and such expiration date shall be designated on the license. (Ord. 2017-7 § 1 (part): Ord. 1996-9 § 1; Ord. 1989-14 (part): prior code § 9 1/2-6)
5.24.070 Identification cards, badges, uniforms, vehicles—Similarity to Police Department prohibited.
A. Identification Cards. In addition to the license, the Chief of Police or his designee shall issue to each licensee an identification card which shall include the following:
1. The type of license and expiration date thereof;
2. Name, DOB, physical description, and picture of licensee;
3. The name of the employer;
4. The signature of the Chief of Police;
5. A designation as to whether or not the licensee is authorized to carry a firearm (see Chapter 5.25).
B. Badges. The Chief of Police or his designee is authorized to approve the use of badges and insignia provided employees by the merchant guard or merchant patrol business where such badge and insignia are not a colorable imitation of, or cannot be confused with, the uniform of the Glendale Police Department.
C. Uniforms. No uniform shall be of a type, color, or construction which can be confused with the uniform or uniform parts worn by officers of the Glendale Police Department.
D. Vehicles. The vehicle used in the conduct of the merchant guard or merchant patrol business within the city by any licensee shall not exhibit colorings, markings, or equipment so similar to marked patrol vehicles of the city as might be confused with the police vehicles. In addition, the merchant guard or merchant patrol vehicles shall not be equipped with any lights or sirens in violation of the traffic code of the city or the laws of the state, shall not have any insignia painted on the sides thereof which are similar to, or which could be confused with, that painted on the sides of the vehicles of the Police Department.
E. The words “police” or “officer” shall not be used in any advertising or upon the premises, within the limits of the city occupied by the merchant guard or merchant patrol, nor on any of its vehicles, equipment or wearing apparel. (Ord. 2017-7 § 1 (part): Ord. 1989-14 (part): prior code § 9 1/2-7)
5.24.080 Exhibition of license and identification cards upon request.
Licensees are required to exhibit their certificates of license and/or identification card to any police officer of the city of Glendale upon demand, and refusal to do so shall constitute a violation of this chapter. (Ord. 2017-7 § 1 (part): Ord. 1989-14 (part): prior code § 9 1/2-8)
5.24.090 Change in personnel.
A. Whenever a business or industrial guard or an agent or employee of a merchant guard or merchant patrol is discharged for any reason, his/her employer shall immediately notify the Chief of Police of such fact, together with the reasons for the dismissal.
B. When a business or industrial guard or agent or employee of a merchant guard or merchant patrol is dismissed or resigns, he shall forthwith surrender the identification card to the Chief of Police.
C. Any licensee changing place of business shall immediately notify the Chief of Police of such fact, together with the address of the new place of business. This shall not be deemed a transfer of license, or require the payment of any additional fees. (Ord. 2017-7 § 1 (part): Ord. 1989-14 (part): prior code § 9 1/2-10. Formerly 5.24.100)
5.24.100 Unlawful acts.
In addition to the other acts prohibited by this chapter, it is unlawful:
A. For any licensee to fail to turn over any person arrested by such licensee pursuant to the laws of the state immediately to the Police Department or other public law enforcement agency. Nothing contained in this section shall be construed as authorizing any licensee to make an arrest of any person in violation of the laws of the state;
B. For any licensee who discharges a firearm within the city to fail to promptly report such incident to the Police Department;
C. For any licensee to hinder or interfere with any investigation under the jurisdiction of the Police Department;
D. For any licensee to fail to report immediately to the Police Department all violations of the city ordinances, or to fail to report to the Police Department or other public law enforcement agency all violations of state or federal laws coming to his/her attention;
E. For any licensee to wear a uniform, badge, or insignia other than that authorized by the Chief of Police while engaged in his/her course of employment;
F. For any licensee, under this chapter, to represent himself/herself to be an officer of the Police Department;
G. For any licensee to fail to conduct himself in a lawful manner at all times;
H. For any applicant to knowingly misrepresent any fact in connection with obtaining a license under this chapter;
I. For any licensee to carry firearms without designation on license while in the performance of duties as a business or industrial guard or agent or employee as defined in this chapter;
J. For failure of any licensee to surrender identification card after discharge or resignation from employment. (Ord. 2017-7 § 1 (part): Ord. 1989-14 (part): prior code § 9 1/2-11. Formerly 5.24.110)
5.24.110 Suspension or revocation of license.
The Chief of Police shall have the authority to suspend or revoke any license granted under this chapter for violation of any federal or state statute, city ordinance (except traffic violation), or any of the provisions of this chapter, or for any act committed by a licensee which is detrimental to the health, welfare, and safety of the public. (Ord. 2017-7 § 1 (part): Ord. 1989-14 (part): prior code § 9 1/2-12. Formerly 5.24.120)
5.24.120 Appeal procedure.
Any person aggrieved by an action of the Chief of Police in the denial or revocation of a permit or license, as provided in this chapter, may appeal to the City Council. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after notice of the action complained of, a written statement setting forth the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the manner as provided for notice of hearing. (Ord. 2017-7 § 1 (part): Ord. 1989-14 (part): prior code § 9 1/2-14. Formerly 5.24.130)
5.24.130 Violation—Penalty.
Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished as specified in the general provisions of this code. Every day of such violation shall constitute a separate offense. (Ord. 2017-7 § 1 (part): Ord. 1989-14 (part): prior code § 9 1/2-13. Formerly 5.24.140)