Chapter 5.44 — PRIVATE PATROL SERVICES

For the purpose of this chapter, "patrol service" means any service or system which furnishes to members, subscribers, private individuals or residents, for a consideration, any patrolman, guard or watchman, either uniformed or otherwise, to patrol or guard any structure, area or district or to act to salvage, guard or protect any property from theft, damage or other hazard; provided, that a watchman or caretaker working for a single employer in a line of business other than defined herein shall not be subject to the provisions of this chapter; and further provided, that a person operating an armored car service for transporting money or other valuable personal property under guard shall not be subject to the provisions of this chapter.

(Prior Code § 3-9.101)

It is unlawful for any person, either as principal or agent, or other wise, to engage in the business of operating a private patrol service or to engage in employment as a patrolman of such private patrol service unless there has been issued to such person engaged in such business, a business license issued by the City of Atwater.

(Prior Code § 3-9.201; Ord. CS 769, 1-11-1999)

At the time of making application for a business license, any person desiring to engage in the business of operating a private patrol service shall:

A.

Give the name and address of each employer, the date of the commencement and termination of employment and the nature of the services performed by each person;

B.

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

C.

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

D.

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

E.

The number and effective date of the private investigator or private patrol operator's license held by the applicant under the provisions of the Private Investigator and Adjuster Act (Sections 7500 et seq. California Business and Professions Code);

F.

Whether any person signing the application for a business license, who is an owner/employer has ever been arrested on a charge of the commission of a felony, or a charge involving moral turpitude, or arrested for any reason within the past five years, giving full details;

G.

If the employer or employers intends to operate any motor vehicle in the conduct of the proposed private patrol service, he shall file with the Police Chief a policy or policies of insurance meeting the requirements of Section 5.44.110. (Prior Code § 3-9.202)

H.

Copies of the Guard Cards and any cards required to carry weapons by employees that will be working in the territory of the City in which it is desired to operate the proposed private patrol service, guard or watchman.

(Prior Code § 3-9.202; Ord. CS 769, 1-11-1999)

A.

The Chief of Police shall, upon receipt of the information referred to in Section 5.44.030, cause an investigation to be made concerning the conditions prevailing within the district designated in any such information referred to in section 5.44.030, as to whether such district is already supplied with sufficient patrol service, guard or watchman. Upon completion of said investigation, the Chief of Police shall forward to the City Manager a recommendation as to whether a business license should be issued and all relevant and pertinent data and information supporting such recommendation.

B.

The Chief of Police shall cause to be made further investigation as to the truthfulness of the facts set forth in the information referred to in Section 5.44.030 and the reputation, character, competency and integrity of each person signing the application for a business license listed in the information.

(Prior Code § 3-9.203; Ord. CS 769, 1-11-1999)

The owner/operator of a private patrol service shall possess a valid and existing private patrol operator's license issued by the State under the provisions of the Private Investigator and Adjuster Act in order to obtain a business license.

(Prior Code § 3-9.208; Ord. CS 769, 1-11-1999)

The Chief of Police may recommend that the City Manager refuse to issue a business license if he finds any or all of the following:

A.

The person signing the application for a business license or who has a financial or other interest in the proposed private patrol service has been convicted of a felony or a misdemeanor involving moral turpitude;

B.

The person signing the application for a business license or who has a financial or other interest in the proposed private patrol service does not have a good reputation for honesty, character, integrity or sobriety, or is not a responsible person;

C.

None of the persons signing the application for a business license possess a valid and existing private investigator or private patrol operator's license issued by the State under the provisions of the Private Investigator and Adjuster Act; and

D.

A private patrol service is not needed within the territory set forth in the application or for any other reason would not comport with the public welfare.

(Prior Code § 3-9.209; Ord. CS 769, 1-11-1999)

Every person issued a business license under this chapter shall pay the following license fees to the City:

A.

A business license fee as required by this Code.

(Prior Code § 3-9.301; Ord. CS 769, 1-11-1999)

Every person lawfully engaged under this chapter in the business of private patrol service and his agents, servants and employees shall be subject to the general supervision of the Chief of Police of the City and such recommendations as the latter may prescribe to implement this chapter. As a statement of policy, no provision of this chapter shall constitute the agents, servants or employees of private patrol services as police officers. In the event recommendations under this section are prescribed which are claimed to be oppressive by the person engaged in the business of private patrol service, an appeal in writing may be filed with the City Manager. If the City Manager concurs in whole or in part with the regulations as set down by the Chief of Police, an appeal in writing may be had to the City Council.

(Prior Code § 3-9.401; Ord. CS 769, 1-11-1999)

The Chief of Police shall:

A.

Prescribe or approve the style and type of uniforms, if any, to be used by the private patrol service for the purpose of maintaining a readily apparent distinction from the uniforms worn by the regularly employed police officers of the City, County, and the State; and

B.

Prescribe or approve the type of character of identical marking or insignia, if any, placed on any motor vehicle used in the operation of any private patrol service to insure the maintenance of a readily apparent distinction from the equipment and motor vehicles used by the City, the County, and the State.

(Prior Code § 3-9.402; Ord. CS 769, 1-11-1999)

Every person who has been issued a business license under this chapter shall notify the Chief of Police within ten days of any of the following:

A.

Any change of address of the business, of every person having an interest, financial or otherwise, in the private patrol service and of any employees who have been issued permits;

B.

Change of name under which the private patrol service does business;

C.

Any change in the officers, stockholders or patrons of the private patrol service; and

D.

Any change either by way of increasing or decreasing in the structures, areas or territories for which private patrol service is provided.

(Prior Code § 3-9.405; Ord. CS 769, 1-11-1999)

Any person engaged in the business of operating a private patrol service under the provisions of this chapter who operates such business shall file with the City Clerk a policy or policies of insurance carrying a ten-day cancellation notice to the City endorsed therein covering such business and any motor vehicles, used in connection with such business, which insurance shall as a minimum include public liability coverage to the extent of $100,000.00 for the death or injury of any one person in any one occurrence; $300,000.00 for the death or injury of two or more persons in any one occurrence and property damage coverage in the sum of $25,000.00. Such insurance shall apply to and cover each and every vehicle maintained by the private patrol service.

(Prior Code § 3-9.501; Ord. CS 769, 1-11-1999)

Any and all unusual occurrences observed while patrolling or any other time by owners, agents or employees of a private patrol service shall be reported to the City police department immediately. It shall be the duty of such person to preserve the scene and to allow no moving, disturbing or otherwise interfering with the persons, property or those affected.

(Prior Code § 3-9.502; Ord. CS 769, 1-11-1999)

A.

The business of the private patrol service regulated by this chapter, is one which is affected with the public interest and therefore requires a business license as set forth in this chapter. Such business is one requiring honesty, trustworthiness, dependability, proper conduct and loyalty between it and the public it serves. The business is under the general supervision of the Chief of Police of the City. If such honesty, trustworthiness, dependability, proper conduct and loyalty as above indicated are not maintained in the highest degree, it is the declared position of the City Council that the public interest, the City government and its police department are thereby adversely affected. This is the intent and policy of the City Council in enacting this section.

B.

The City Council may suspend or revoke the business license issued by the City, under the provisions of this chapter if in the judgment of the City Council any person holding such business license:

Violates, or causes or permits to be violated any of the provisions of this chapter or fails to comply with any ordinance, State or federal law, or suspends or discontinues services;

2.

In any manner or by any means, directly or in directly, harasses, annoys, molests, bothers or interferes with any other person lawfully engaged in such business;

3.

Makes untrue or unfounded statements or reports concerning any other person lawfully engaged in such business;

4.

Becomes involved in any altercations of any kind with any other person lawfully engaged in such business;

5.

Engages in any conduct which may bring discredit to or upon the City or its police department;

6.

Commits any act which is a ground for refusal to issue business license, described in this Chapter as prohibited.

(Prior Code § 3-9.601; Ord. CS 769, 1-11-1999)

Prior to any such revocation, the holder of the business license shall be given notice of the proposed action and shall be given an opportunity to be heard. If the holder of a business license so requests within five days after such notice has been given, a public hearing shall be heard within 30 days after such request upon ten days' notice to all interested parties. The Council shall conduct the hearing and all interested parties shall have a right to be heard. The decision of the City Council shall be final. The requirements of this section, shall apply regarding an appeal to the City Council, when the City refuses to issue a business license pursuant to Section 5.44.060 of this chapter.

(Prior Code § 3-9.602; Ord. CS 769, 1-11-1999)

Any violation of any of the provisions of this chapter by the business license holder or any of his agents, servants, or employees shall constitute a misdemeanor and shall be punishable in accordance with the provisions of Section 1.08.010.

(Prior Code § 3-9.701; Ord. CS 769, 1-11-1999)