Alameda Municipal Code § 6-12 Private Patrol System; Private Watchperson

As used in this section:

Private patrol system shall mean any business which purports to furnish or does furnish any private police officer, watchperson or guard to patrol any territory, or to guard or watch property or another person, in the City.

Private patrol watchperson shall mean any individual who patrols any territory, or guards or watches property of another person within the City, and who is employed by a person holding a private patrol system permit or who himself holds a permit to operate a private patrol system and a private patrol watchperson's permit as required by this section.

Private watchperson shall mean any person who patrols any territory or grounds, or watches property of another, or who acts to preserve the peace, and who is employed by a person other than a person who holds a private patrol system permit, and who wears a uniform or a badge, or carries a pistol, revolver or other firearm.

(Ord. No. 893 N.S.)

It is hereby declared to be unlawful for any person, either as principal, or agent, or otherwise, to engage in the business of operating a private patrol system, unless there exists a valid permit therefor, granted and existing in compliance with the provisions of Section 5-2, of this Code and as hereinafter in this section set forth. If the applicant for such permit is an individual he/she shall sign the application personally. If the applicant is an association, firm or copartnership, such application shall be signed personally by each person composing or intending to compose such association, firm or copartnership. If the applicant is a corporation, such application shall be signed by each member of its Board of Directors. Such application shall be sworn to by all persons signing the same before some person authorized to administer oaths.

(Ord. No. 893 N.S.)

In addition to the requirements specified in Section 5-2, the application for a permit required under the provisions of subsection 6-12.2 of this section, shall set forth the following information:

a. The business or occupation for the five (5) years last past of each person signing the application, giving the name and address of each employer, the date of commencement and termination of employment and the nature of the services performed by each such person;

b. The territory of the City in which it is desired to operate the proposed private patrol system;

c. The hours during which it is proposed to patrol such territory or render guard or watchperson service;

d. The address of the principal place of business of the applicant, or the proposed principal place of business, and all existing or proposed branch offices;

e. State whether or not the applicant holds a license issued by the Board of Prison Directors of the State of California as a private detective. If the applicant holds such a license, give the date of the issuance thereof, and the name and address of his/her surety or sureties. If the applicant has ever applied for such a license and had the same denied, give date of application;

f. State whether any person signing the application has ever been arrested on a charge of the commission of a felony, or a charge involving moral turpitude, at any time, or arrested for any reason, within the five (5) years last past, giving full details;

g. If the applicant is a corporation, the application shall be accompanied by a certified copy of the resolution or minutes authorizing the application.

The City Clerk shall maintain a permanent file to be known as "Applications and Permits for Private Patrol Systems" wherein he/she shall maintain separately all records and documents of his/her office pertaining to each private patrol permit application and private patrol watchperson permit.

(Ord. No. 893 N.S.)

Upon application being filed for a private patrol system permit as in this section provided, the Investigating Official referred to in Section 5-1, to whom the application shall be referred, shall be the Chief of Police. Upon receipt of same, the Chief of Police shall make an investigation as to the truthfulness of the facts therein set forth, and the reputation and character, competency and integrity of each person signing the application, and whether the management, conduct and operation of such proposed private patrol system will or will not comport with the public welfare, and for this purpose shall consider any facts or evidence bearing on the moral fitness and reputation of those who will be in charge of such private patrol system and any other evidence or fact tending to assist in enlightening the City Manager in this respect. Upon the completion of such investigation, he/she shall file a written report thereof (in duplicate) with the City Clerk, who shall deliver a copy thereof to the City Manager.

(Ord. No. 893 N.S.)

Upon receipt of the written report to the Chief of Police as in subsection 6-12.4 of this section provided, the City Clerk shall set the application for public hearing before the City Manager at a date not less than five (5) days after its receipt. The City Clerk shall give written notice to the applicant and to such other persons as may in writing request notice, and shall post a notice on the bulletin board of the City Council in the City Hall, of the day, time and place of such hearing not less than two (2) days prior to such hearing. Such hearing may be continued over as the circumstances may require.

(Ord. No. 893 N.S.)

Upon application for a private patrol system permit as in this section provided for, the City Manager shall grant or deny the same to the applicant within ten (10) days after the completion of the hearing thereon in subsection 6-12.5 of this section provided for, but such permit shall not be issued until the applicant shall exhibit to the City Manager a valid and existing license issued to him/her by the Bureau of Licenses to carry on such business, and shall have filed with the City Clerk a surety bond as hereinafter in this section provided, or shall have filed with the City Clerk a certified copy of a valid and existing license issued to the applicant by the Bureau of Private Investigators and Adjusters of the State of California to carry on the business of a private patrol operator or private detective; provided, however, the City Manager shall deny an application if it appears:

a. That any person signing the application has ever been convicted of a felony or a misdemeanor, involving moral turpitude; or

b. That any person signing the application does not have a good reputation for honesty, or character, or integrity, or sobriety, or is not a responsible person.

(Ord. No. 893 N.S.; Ord. No. 1608 N.S.)

Any person who has made application for a private patrol system permit under this section and who does not hold a valid permit issued by the Board of Prison Directors of the State of California to carry on the business of a private detective, shall, before any permit is issued to him/her, deliver to and file with the City Clerk a surety bond, executed by a surety company authorized to do business in the State of California, in the sum of two thousand ($2,000.00) dollars conditioned for the faithful and honest conduct of such business by such applicant, which bond shall be upon a form provided by the City Clerk and approved as to its form and execution by the City Attorney. Such bond shall be taken in the name of the people of the City of Alameda, and every person injured by the willful or malicious or negligent or wrongful act of the principal, his/her agents or employees, may bring an action on the bond in his/her own name to recover damages suffered by reason of the willful or malicious or negligent or wrongful act. A surety bond filed as herein required may be cancelled only by service of a written notice upon the City Clerk not less than five (5) days prior to the effective date of such cancellation, and the holder of a private patrol system permit and his/her private patrol watchperson thereby secured, shall be ipso facto suspended upon the cancellation of the bond, until such time as another bond is filed as herein required in the first instance.

(Ord. No. 893 N.S.)

Any permit for a private patrol system in this section provided for shall be issued upon the following terms and conditions:

a. That such private patrol system shall be operated and conducted subject to the general supervision of the City Chief of Police;

b. That the holder of such permit will require each private patrol watchperson employed by him/her to:

1. Report by telephone to such places and at such intervals as the Chief of Police may require;

2. Aid, assist and cooperate with the Alameda Police Department in the detention or apprehension of persons suspected of violating the law;

c. That the holder of such permit shall at all times maintain within the City, a fixed and established place of business or residence, and the address of the same, as it may be changed, shall be filed with the City Clerk and the Chief of Police;

d. That the holder of such permit shall at all times have the place of business or residence connected with a telephone system operated by a public utility company in the City;

e. That the holder of such permit shall have a competent person constantly in attendance at such place of business or residence between the hours of 6:00 p.m. and 4:00 a.m. of the next succeeding day, who is able to receive or send out telephone calls;

f. That if the holder of such permit employs any person, he/she shall at all times carry a policy of insurance sufficient to conform to the provisions of the Labor Code of the State of California, and shall keep on file with the City Clerk a certificate of such insurance issued by the company issuing such policy of insurance.

g. That the holder of such permit shall submit quarterly to the Chief of Police, the name, address and telephone number of each establishment serviced by, and the names and residence addresses of all employees of such holder;

h. That the holder of such permit supply to all of his/her employees, identification cards, incorporating the employee's current photograph, name, date of birth and physical description;

i. That the holder of such permit insure that uniforms worn and equipment used by his/her employees shall identify the private patrol system by whom they are employed;

j. That the holder of such permit, before it is granted, file with the City Attorney for his/her approval, certificates of public liability insurance, in such form and with such coverages, provisions, requirement of prior notice of cancellation, and minimum limits of liability as the City Attorney may require uniformly of all applicants, insuring the holder and the City, its officers and employees. Upon approval by the City Attorney, said certificates shall thereafter be kept on file in the office of the City Clerk. The insurance shall be provided at the holder's sole expense and shall be maintained by him/her in full force and effect for the duration of the permit;

k. That the holder of such permit, before it is granted, file with the City Attorney for his/her approval, either a corporate surety bond in the penal sum of twenty-five thousand ($25,000.00) dollars conditioned upon the faithful performance of the holder's contractual obligations to the parties served by him/ her in his/her capacity as a private patrol operator, or, a certificate of insurance for damages for breach of professional duty by reason of any negligent act, error or omission arising from his/her operations, activities, work or business as a private patrol operator, in the minimum sum of twenty-five thousand ($25,000.00) dollars such bond or insurance shall be in form satisfactory to the City Attorney, shall be maintained by the holder of such permit in full force and effect for the duration of the permit, shall provide for ten (10) days' prior written notice to the City Attorney of any proposed change or cancellation therein, and shall be in addition to the bond provided for in subsection 6-12.7 of this Code.

(Ord. No. 893 N.S.; Ord. No. 1608 N.S.)

Any permit granted pursuant to this section for a private patrol system may be revoked by the City Manager for any reason for which the granting of such permit might be lawfully denied, or for the violation of any provision of this section, or for any other good cause. Such permit may be revoked by the City Manager if it shall appear that such permit holder is not rendering a competent and efficient private patrol service. The revocation of a private patrol system permit shall be made only after a hearing granted to the holder of such permit before the City Manager in accordance with the provisions of subsection 5-16.7 of this Code.

(Ord. No. 893 N.S.)

Any person who holds a private patrol system permit may make application to the City Manager for transfer of the same to another person. Such application shall be accompanied by a written statement signed by the person to whom it is proposed that such permit shall be transferred, setting forth the information required by subsection 6-12.3 of this section to be given by an original applicant for a permit.

Such application shall be investigated and a hearing had thereon as provided in subsection 6-12.4 and 6-12.5 of this section, and shall be granted or denied as provided in subsection 6-12.6 of this section. If permission is granted for the transfer of such permit, a new permit shall be issued subject to the provisions of subsections 6-12.7 and 6-12.8 of this section.

(Ord. No. 893 N.S.)

It shall be unlawful for any person to act as a private patrol watchman, or any person holding a private patrol system permit to employ, or permit any person to act as a private patrol watchman, unless such person holds an unrevoked permit to act as provided in this article. The holder of a permit for a private patrol system may file with the City Clerk an application (in triplicate) requesting that a permit to act as a private patrol watchman be issued to the person therein named. The application shall be accompanied by a filing fee and shall be upon a form supplied by the City Clerk and shall be sworn to before a person authorized to administer oaths, and must state the length of time that the affiant has known such person, that he has investigated such person and believes him to be a man of good character, honesty and reputation, competency and integrity, and physically and mentally capable of performing the duties of private patrol watchman, and that he will require such person, if a permit is granted to him, to conform to and abide by all requirements of this article. If the applicant is the holder of a private patrol system permit, he need only file the written statement required by Section 16-6114 of this article. The fee shall be set by City Council Resolution.

(Ord. No. 893 N.S.; Ord. No. 1875 N.S.; Ord. No. 2587 N.S. 5)

It shall be unlawful for any person to act as a private watchperson, or for any person to employ another as a private watchperson, unless such person holds an unrevoked private watchperson's permit issued by the Chief of Police, as provided in this section. The application for a private watchperson's permit shall be made in the manner and form provided in subsection 6-12.13, and shall be signed by the person to whom the permit is to be issued. Such application shall have endorsed thereon the written approval thereof of the employer of the applicant, with his/her request that such permit be granted. The procedure for the issuance or denial of such permit shall be substantially as provided in subsections 6-12.14 and 6-12.15. The permit, if granted, shall state the name of the employer of such private watchperson and the address whereat such private watchperson's services are to be rendered. The permit may be revoked in the manner and for any of the reasons provided in subsection 6-12.16 and shall be automatically revoked upon the termination of the employment of the holder thereof with the employer whose name is set forth in such permit.

(Ord. No. 893 N.S.)

Such application for a private patrol watchperson permit in subsection 6-12.11 provided for shall be accompanied by a written statement (in triplicate) upon a form supplied by the City Clerk, sworn to by the person to whom it is desired that a permit be issued, before a person authorized to administer oaths, setting forth the following information:

a. The full name and home address of such person;

b. The business or occupation, for the five (5) years last past, of such person, giving the name and address of each employer, the date of commencement and termination of employment, and the nature of the services performed;

c. If be/she has ever been arrested on a charge of the commission of a felony or charge involving moral turpitude at any time, or arrested for any reason within five (5) years last past, give full details;

d. That he/she is able to read, write and speak the English language;

e. Such other information as the City Manager or Chief of Police may require.

(Ord. No. 893 N.S.)

a. Immediately upon the receipt of an application for a private patrol watchperson's permit and the written statement, in this section provided for, the City Clerk shall forward one (1) copy thereof to the Chief of Police, one (1) copy to the City Manager, and file the original with the records of his/her office pertaining to the permit issued to the applicant.

b. The person named in an application for a private patrol watchperson's permit shall, within three (3) days after the filing of such application with the City Clerk, present himself to the Alameda Police Department to be photographed and fingerprinted. The officer in charge shall cause the person to be photographed and fingerprinted and such photograph and fingerprints shall be filed in the permanent records of the Police Department.

(Ord. No. 893 N.S.)

Upon receipt by the Chief of Police of a copy of such application for a watchperson's permit as in subsection 6-12.14 of this section provided, and the written statement concerning same, he/she shall investigate the truthfulness of the facts therein set forth, the moral fitness and reputation, character, integrity and competency of the person who made such statement, and if, upon the completion of such investigation, he/she concludes that such statements are true and that he/she is a qualified and fit person to act as a private patrol watchperson, he/she shall issue a permit to such person granting him/her the right to act as a private patrol watchperson for the person making the application; provided, however, such application must be denied if it appears:

a. That such person has been convicted of a felony or a misdemeanor involving moral turpitude, or any State or Federal narcotic law; or

b. That he/she does not have a good reputation for honesty, or character, or integrity, or is not a responsible person, or does not have the necessary mental, or moral, or physical qualifications to perform the duties of a private patrol watchperson; or

c. That he/she cannot read, or write, or speak the English language.

(Ord. No. 893 N.S.)

Any permit granted pursuant to this section for a private patrol watchperson may be revoked by the Chief of Police for any reason for which the granting of such permit might be lawfully denied, or for the violation of any provision of this section or whenever it shall appear to the Chief of Police that the person does not have the intelligence, or courage, or judgment necessary for the performance of the duties of a private patrol watchperson, or has been under the influence of intoxicating liquors while performing his/her duties, or for any other good cause. Such revocation shall be made only after a hearing granted to the holder of such permit before the Chief of Police in accordance with the provisions of subsection 5-16.7 of this Code.

(Ord. No. 893 N.S.)

A permit to act as a private patrol watchperson, unless previously revoked as in this section provided, shall expire and terminate upon the termination or revocation of the permit granted to the person who made application for his/her private patrol watchperson permit, or upon his/her discharge, removal or resignation as an employee of the person who made application for his/her permit.

(Ord. No. 893 N.S.)

Every operator of a private patrol system shall adopt a characteristic uniform, and all private patrol watchpersons employed by such person shall wear such uniform at all times while engaged in the performance of the duties of his/her employment. The characteristic uniform proposed to be adopted by the holder of a private patrol system permit, and any uniform proposed to be worn by a private watchperson, must first be approved by the Chief of Police. It shall be unlawful for any person to wear, or cause or permit to be worn, any uniform while acting as a private watchperson, or while acting as a private patrol watchperson, that is similar in design to any uniform used by the Alameda Police or Fire Departments, and no uniform of any type shall be adopted or worn unless the same shall have been first approved by the Chief of Police.

(Ord. No. 893 N.S.)

It shall be unlawful for any person to wear or display, or cause to be worn or displayed, any badge or insignia similar in design to that used by the Alameda Police or Fire Departments, and no badge or insignia of any design shall be worn, displayed or used in any manner unless the same has been first approved by the Chief of Police. Any badge or insignia worn by a private watchperson or a private patrol watchperson shall have imprinted thereon in letters of a size approved by the Chief of Police, the name of the employer of the private watchperson, or the name of the private patrol system by whom the private patrol watchperson is employed, as the case may be, and in addition to such name there may be imprinted thereon the words "private officer," or "private patrol watchperson," or "private watchperson," or "watchperson" or "guard".

(Ord. No. 893 N.S.)

It shall be unlawful for any person to make or manufacture or sell any badge of a like or similar design to that used by the Alameda Police Department or Alameda Fire Department, or to make or manufacture or sell any badge to be used by a private patrol system or private patrol watchperson, except upon the written order of the Chief of Police.

(Ord. No. 893 N.S.)

It shall be unlawful for any person to use, wear or exhibit any rank or insignia of rank, or cause or permit to be used, worn or exhibited any rank or insignia of rank, by any person operating, or employed by a person operating, a private patrol system, except such as may be approved in writing by the Chief of Police.

(Ord. No. 893 N.S.)

Chief of Police is hereby authorized, empowered and directed to file, or cause to be filed, with the Board of Prison Directors of the State of California, a complaint against any person holding a permit to carry on the business of private detective issued by such Board, whenever he/she believes good cause exists therefor.

(Ord. No. 893 N.S.)

Nothing in this section contained shall be construed to permit any person to operate a private patrol system unless such person shall have first obtained a license required by Section 5-2 of this Code, and nothing herein shall be construed as a waiver of any such license.

(Ord. No. 893 N.S.)