CHAPTER 8
PRIVATE SECURITY SERVICE
SECTION:
3-8-2: Licenses Required And Exemptions
3-8-4: Application For License
3-8-8: Bond And Insurance Required
3-8-12: Unlawful Display Of License
3-8-1 DEFINITIONS:
For the purpose of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory.
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APPLICANT: |
The person making application for a license or the renewal of a license for: |
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A. Private patrol agent; or |
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B. Private patrol or private security service or system; or |
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C. Security alarm installer; or |
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D. Security alarm installation service. |
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PERSON: |
Any individual, firm, copartnership, corporation, company, association or joint stock association. |
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PRIVATE PATROL AGENT: |
Any person employed by the service or who performs individually the functions of a private patrol or private security service. |
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PRIVATE PATROL SERVICE OR SYSTEM: |
Any service or system which purports to furnish, or does furnish, for a consideration, or otherwise, any watchman or guard, either uniformed or otherwise, to patrol any district in the city, or to guard or watch any property, or which employs any person to perform any type of duty to guard, protect or maintain peace and order at any public function, dance hall, theater, tavern or lounge, or any other place of public amusement or entertainment open to and frequented by the general public. |
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PRIVATE SECURITY SERVICES: |
Any service or system which purports to furnish, or does furnish, for a consideration, or otherwise, any employee or agent employee or agent to protect any property by means other than physical observation of property. |
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SECURITY ALARM INSTALLATION SERVICE: |
Any service or system which purports to furnish, or does furnish, for a consideration, or otherwise, any installation, servicing, or monitoring of any type of security, burglar, or fire alarm protection system. |
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SECURITY ALARM INSTALLER: |
Any person employed by the service or who performs individually the functions of a security alarm installation service. (Ord. 855-06, 9-11-2006, eff. 12-1-2006) |
3-8-2 LICENSES REQUIRED AND EXEMPTIONS:
A. It shall be unlawful for any person to conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation, maintenance or monitoring of, a private patrol, private security system, or security alarm installation service unless a valid license therefor has been issued as provided for in this chapter and which is in full force and effect. Employees of private security systems who are located in remote locations and only monitor the systems electronically for purposes of responding to calls or instances shall not be required to obtain licenses through their employers, provided that their employer is licensed under this chapter.
B. It shall be unlawful for any person to act, or to offer to act, as a private patrol agent, or as a security alarm installer, within the city unless a valid license therefor has been issued as provided for in this chapter and which is in full force and effect.
C. It shall be unlawful for any private patrol or security service to employ or hire the services of a private patrol agent, or for a security alarm installation service to employ or hire the services of a security alarm installer, until and unless said private patrol agent has been duly licensed as required by this chapter.
D. This chapter shall not apply to or include regularly appointed police officers of Garden City or to any regularly appointed police officer or law enforcement agent of the United States and of this state, or any political subdivision thereof while acting as their agent.
E. Any owner/operator of a validly licensed private patrol or security service or system may act as a private patrol agent for their private patrol or security service or system; or any owner/operator of a validly licensed security alarm installation service may act as a security alarm installer, without additional bond or fee and be issued a license accordingly. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)
3-8-3 UNIFORMS AND EMBLEMS:
A. It shall be unlawful for any private patrol or security service, or for any private patrol agent, to use or authorize the use of:
1. Any uniform, clothing, uniform emblems or shoulder patches having a color, design and/or shape such as makes any of them individually, or some or all of them in the aggregate, appear indistinguishable from any uniform, uniform emblems and/or shoulder patches of the Garden City police department.
2. A gold shield design badge on the face of the uniform, but any other shape of badge is permissible.
B. Every private patrol or security service and every private patrol agent who performs individually the functions of a private patrol or security service, prior to being licensed under this chapter, shall obtain approval and authorization of any color, design or shape of any uniform, clothing, uniform emblems, badges and/or shoulder patches, to be utilized by such licensee. Application for such approval shall be made to the licensing officer, approval and authorization, if any, shall be made by that officer in writing, in accordance with guidelines issued by the Garden City police department. The written approval and authorization shall be attached to the application for license required by section 3-8-4 of this chapter and shall describe the color, design and shape of the uniform, patches, badges and/or emblems, as the case may be.
C. Every private patrol or security service, and every private patrol agent who individually performs the functions of a private patrol or security service, prior to being licensed under this chapter, shall submit color photographs of a size no less than three and one-half inches by three and one-half inches (3 1/2" x 3 1/2") depicting the following:
1. A full figure view showing:
a. The entire uniform, front side facing without coat, as approved under subsection B of this section.
b. The entire uniform, left side facing without coat, as approved under subsection B of this section.
2. If a coat or other outer garment is to be worn at any time:
a. The entire uniform, front side facing with coat or garment, as approved under subsection B of this section.
b. The entire uniform, left side facing with coat or garment, as approved under subsection B of this section.
3. A close up view of each and every badge, patch, or emblem to be worn by a private patrol agent, of sufficient clarity and detail to permit reading all wording on the badge, patch, or emblem from the photograph. These photographs shall be filed with the application in the office of the city clerk, and shall be available to the police department upon request.
D. Approval and authorization of uniform clothing, uniform emblems, badges, and/or patches shall be obtained from the city clerk before the addition, deletion, or change of any previously approved and authorized item, or every three (3) years, whichever comes first. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)
3-8-4 APPLICATION FOR LICENSE:
An application for a license, whether for private patrol, security service or system, security alarm installation service, or private patrol agent, shall be made to the city clerk. Applications for such licenses may be made by mail.
A. At the time of filing an application, an application fee shall be paid to the city clerk pursuant to fee schedule in section 3-8-9 of this chapter. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)
3-8-5 QUALIFICATIONS:
No person shall be issued a license who:
A. Is not over eighteen (18) years of age.
B. Has any outstanding warrants; been convicted, paid any fine, placed on probation, received a deferred sentence, received a withheld judgment, or completed any sentence of confinement for any felony or misdemeanor involving theft or dishonesty, within three (3) years prior to the date of making application. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)
3-8-6 INVESTIGATION:
The city clerk shall examine all applications filed under section 3-8-4 of this chapter and shall make, or cause to be made, such further investigation of the application and the applicant as it shall deem necessary. An applicant who was not licensed by this chapter for the year immediately preceding the current application shall be required to be fingerprinted by an appropriate agency to be designated by the city clerk. Cost of taking and processing such fingerprints shall be borne by the applicant. The city clerk is authorized to perform or request criminal history checks of any applicant including a national background check by the federal bureau of investigation. Pursuant to Idaho Code section 67-3008 the city clerk may forward an applicant’s fingerprints through the Idaho department of law enforcement to the federal bureau of investigation identification division for a national background check. Unless otherwise provided for by law, criminal history records shall not be disseminated to a private entity. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)
3-8-7 STANDARDS:
The city clerk shall approve the issuance of a license provided in section 3-8-4 of this chapter whenever it shall find that the applicant has complied with the provisions of this chapter and is otherwise qualified. A provisional license may be issued pending completion of the required investigation. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)
3-8-8 BOND AND INSURANCE REQUIRED:
Before any license shall be issued to any applicant:
A. The applicant shall be required to give a fiduciary bond running to the city of Garden City in the sum of:
1. Private patrol, security service or security alarm installation service: Ten thousand dollars ($10,000.00).
2. Private patrol agent or security alarm installer: Two thousand five hundred dollars ($2,500.00).
B. The applicant shall carry general and personal liability insurance for bodily injury, sickness, disease or death sustained by persons and arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with property and contract rights. The minimum limits for such insurance shall be one million dollars ($1,000,000.00). Said policy shall be issued by an insurance carrier duly authorized to do business in the state of Idaho, and a certificate of insurance shall accompany each application, specifying as the certificate holder the City of Garden City, 6015 Glenwood, Garden City, ID 83714. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)
3-8-9 LICENSE FEES:
The city clerk shall collect before the acceptance of an application for a private patrol service, private security service, private patrol agent, security alarm installation service or security alarm installer the annual license fee in an amount established by the Garden City council and listed on the most current city clerk license fee schedule. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)
3-8-10 LICENSE; EXPIRATION:
All licenses issued under the provisions of this chapter shall expire December 31 each year. Any person holding a license under the provisions of this chapter may renew such license for the following or succeeding year by payment on or before December 1 to the city clerk of the license fees required herein; provided, that if such renewal is not made on or before December 1, such licensee shall lose and forfeit any and all right to engage in or follow the occupation of a private patrolman, private patrol service, security service or security alarm installers and before following or engaging in such occupation, shall be required to make such application and obtain such license as is required by this chapter in the first instance. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)
3-8-11 LICENSE; FORM:
The license for a private agent shall be in the form of a card which shall contain the words "private patrol agent"; and shall also bear numerals designating the year in which such license is in force and effect. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)
3-8-12 UNLAWFUL DISPLAY OF LICENSE:
It shall be unlawful for any person to wear or display any license required or provided for by this chapter unless such person is duly licensed therefor. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)
3-8-13 LICENSES; AUTHORITY:
The granting or issuance of any license under the provisions of this chapter shall not be construed in any manner as granting or providing any additional or further power of arrest than that granted under the provisions of the statutes of the state, and the provisions of this code, nor shall the provisions of this chapter be construed in any manner as authority or power to carry weapons contrary to the statutes of the state. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)
3-8-14 SEVERANCE CLAUSE:
The provisions of this chapter are declared to be severable. If any section be found to be invalid, such finding shall not affect the validity of the remaining sections, sentences, clauses and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stand notwithstanding the invalidity of any part. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)
3-8-15 PENALTIES:
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and shall be assessed a fixed penalty of one hundred dollars ($100.00) excluding court costs and fees. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding one hundred dollars ($100.00) and for which no period of incarceration may be imposed. There is no right to a trial by jury of a citation or complaint for an infraction and such trials shall be held before the court without a jury. A second and any subsequent conviction for a violation of the provisions of this chapter within five (5) years shall constitute a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding three hundred dollars ($300.00), or be imprisoned for a period not exceeding six (6) months, or be both fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 855-06, 9-11-2006, eff. 12-1-2006)