Chapter 5.28
PRIVATE DETECTIVES, PRIVATE SECURITY OPERATORS AND MERCHANT PATROL BUSINESSES
Sections:
5.28.020 Business license—Required.
5.28.030 License—Applications.
5.28.040 Private detectives and private security operators and employees—Applicant qualifications.
5.28.050 Business license fee.
5.28.070 License—Grounds for denial.
5.28.080 License—Grounds for suspension—Revocation required when.
5.28.100 Requirements of operation/private security operators.
5.28.010 Purpose and scope.
It is the intent of the city by the ordinance codified in this chapter to regulate in the interest of public safety and welfare, those individuals, partnerships and/or corporations who act as private detectives, private security operators, or who engage in the merchant patrol business. No individual licensed as a private detective or private security operator and no partnership or corporation licensed in such capacity shall be deemed an employee of the city nor shall such individual, partnership or corporation be entitled to any of the benefits or immunities applying to employees of the city. Private security operators shall include businesses which provide interconnected alarm type services with a response to local businesses. (Ord. 517 § 1, 1986)
5.28.020 Business license—Required.
It is unlawful for any person, partnership or corporation to engage in the private detective business or in the business of being a private security operator without being the holder of a valid and subsisting license, issued under the provisions of this chapter, to be designated as a security related business license.
Every license shall expire at the end of the calendar year in which the same was issued and shall be nontransferable; provided, however, only the business owner(s) shall be required to obtain such a license. Employees of such businesses acting as private detectives or private security guards or patrolmen shall, however, comply with the procedures set forth in Section 5.28.040 below.
In addition to the above requirement, a condition to the issuance of such license shall be that the applicant demonstrates that insurance coverage of five hundred thousand dollars ($500,000.00) liability umbrella is in full force and effect within the city. (Ord. 517 § 2, 1986)
5.28.030 License—Applications.
Any person, firm, partnership or corporation desiring to engage in the following business activities within the city, namely:
A. Private investigations or performance as private investigators;
B. Private security operations or employment of private security operators or merchant patrols.
shall make application in writing to the clerk-treasurer of Ilwaco for a license to do so accompanied by the license fee required, which shall be deposited with the clerk-treasurer. Such application shall be made on the form provided, which form shall be available at the office of the clerk-treasurer of the city. Such application must be filled out in detail and no application shall be acted upon by the city until completed in its entirety. (Ord. 517 § 3, 1986)
5.28.040 Private detectives and private security operators and employees— Applicant qualifications.
Each person who shall act as a private detective or private security operator in Ilwaco whether as the business owner or as an employee thereof shall:
A. Be of the age of twenty-one (21) years or older;
B. Be of sound physique, with correctable vision to 20/40 eyesight, and not subject to any infirmity of body or mind known to him or her which might render him or her unfit for the duties of a private detective or private security operator;
C. Be able to speak, read and write the English language;
D. Be clean of dress and person and not addicted to the use of intoxicating liquors or narcotics;
E. Not have been convicted of any felony or of any misdemeanor involving moral turpitude;
F. Be and remain of good moral character;
G. Provide evidence of bonding in such amount as shall be required by the person or business for whom services are provided as a private detective or private security operator. (Ord. 517 § 4, 1986)
5.28.050 Business license fee.
Each such business described in Section 5.28.030 above shall remit the city an annual license fee of thirty-five dollars ($35.00) whether operated by a single individual or being an agency or business employing additional operatives. In the event the business is comprised of more than a single private security operator or private detective an additional ten dollars ($10.00) per year fee shall be paid for each such individual with a maximum annual fee not to exceed one hundred dollars ($100.00). (Ord. 517 § 5, 1986)
5.28.060 Screening process.
In addition to the business license fees described in Section 5.28.050, each individual as a condition precedent to being authorized to perform private detective or private security operator services shall be fingerprinted and subjected to a background check by the police department to determine the applicant’s compliance with the qualifications set forth in Section 5.28.040 above.
Each such applicant shall pay a screening, processing fee of ten dollars ($10.00) to defray the costs of such background check. The chief of police or his or her designate shall determine whether information obtained through the background investigation is sufficient to authorize the applicant to begin work. Such background check shall be a one time requirement unless the chief of police finds that an additional background check seems appropriate; provided, however, at the chief’s discretion, individuals possessing currently valid licenses to perform private detective or private security services in other jurisdictions may be excused from the screening process requirements and fees contained in this section, provided the following conditions are met:
The screening process undertaken by the other jurisdiction was at least as stringent as that required by the city. (Ord. 517 § 6, 1986)
5.28.070 License—Grounds for denial.
Discovery of the false statements of material facts in the application for such license, or application for background check shall be automatic grounds for the denial of the license or authorization to perform services. (Ord. 517 § 7, 1986)
5.28.080 License—Grounds for suspension—Revocation required when.
The arrest of a holder of such a license, or his or her agent, or of the agent, officer, director or majority shareholder of any corporation involving such a license, for a crime involving moral turpitude shall result in the immediate suspension of the license and the person, firm, partnership or corporation shall immediately cease its activities in those areas described above in the city until so authorized by the city council following an investigation by the police department. Any conviction of the holder of any such license or of his or her agent or of the agent, officer, director or majority shareholder of any corporation holding such a license for a crime involving moral turpitude, shall result in an immediate revocation of the license, and no reissuance of the license shall be approved until a new application and bond have been presented to the city clerk-treasurer and a favorable recommendation made by the city police department following a new investigation of the applicant. (Ord. 517 § 8, 1986)
5.28.090 Reports required.
Every private security officer operator shall make a written report to the police department of the city by ten a.m. after the conclusion of his or her daily hours of work as such patrolman, upon forms approved by the police department, of any irregularity tending to show that a crime has been committed which he or she shall have found during the time of his or her immediately preceding working hours.
Every private security operator shall provide the police department of the city with a listing of all persons (other than his or her employer, if employed by the holder of a security related business license) for whom he or she performs the service of merchant patrolman, and he or she shall keep such listing current at all times by appropriate additions and/or deletions. (Ord. 517 § 9, 1986)
5.28.100 Requirements of operation/private security operators.
All private security operators and their field employees shall wear approved uniforms while conducting business. If badges or shields are issued, the form and type of such identification instrument shall be approved by the chief of police. Such uniforms shall be approved by the police chief or his or her designate and shall be dissimilar to those worn by the Ilwaco police department. In addition vehicles used in patrolling shall be distinctly marked on both sides and rear (without shields of similarity to Ilwaco police) to identify the business. (Ord. 517 § 10, 1986)
5.28.110 Armed positions.
All employees assigned to an armed position will have one year with the company, have demonstrated mental stability through performance at other unarmed post, have clear background checks and have completed local police approved firearms proficiency test.
All armed position requirements in the city will be cleared and approved by the city council on each individual situation/account prior to action/patrol. (Ord. 517 § 11, 1986)
5.28.120 Identification card.
Every person acting as a private detective or as a security related business operator under the provisions of this chapter shall at all times have in his or her possession an identification card in form to be approved by the city clerk and the chief of police. The identification card, in addition to such requirements as may be provided by the city clerk-treasurer and chief of police, shall include a photograph of the holder and shall bear his or her thumbprint and signature. It is unlawful for any person to engage in any work coming within the purview of this chapter without having such an identification card is his or her possession. It is unlawful for an unlicensed person or employee of an unlicensed agency to have such identification card. Upon revocation of license or authority to act, the identification cards of all employees of an agency whose license has been revoked shall be surrendered. (Ord. 517 § 12, 1986)