Chapter 120 — PRIVATE PATROLS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT. A person applying for registration as a private patrol operator pursuant to the provisions of this

chapter. Applicant also means and includes any of the following:

(1) In the case of a corporation, an officer, director, managing employee, or any person holding 5% or more of the stock issued by the corporation.

(2) In the case of a partnership, each partner whether general or limited and any managing employee. CITY MANAGER. The City Manager of the city.

COUNCIL. The City Council of the city.

PRIVATE PATROL OFFICER or PATROLMAN. A person defined as such pursuant to Cal. Bus. & Prof. Code § 7512 et seq .

PRIVATE PATROL OPERATOR. A person, defined as such, in the Cal. Bus. & Prof. Code §§ 7500 et seq. ('83 Code, § 5.44.010)

Statutory reference:

For definition of private patrol officer, see 16 Cal. Code of Regs. § 600.1

No person shall act as, or perform any of the services, directly or indirectly, of a private patrol operator within the city unless he is registered as such pursuant to the provisions of this chapter. ('83 Code, § 5.44.020) Penalty, see § 10.99

Each person applying for registration pursuant to this chapter shall make written application therefor upon forms provided for this purpose by the City Manager, together with the following:

(A) An accurate statement of the business, occupation or employment of the applicant and each proposed private patrol officer for the five years immediately preceding the date of application.

(B) A statement of work experience containing sufficient information to establish that the applicant is qualified to operate a private patrol and to supervise persons who will act as private patrol officers.

(C) Such other identification, including, but not limited to, fingerprints and/or photographs of such persons and information deemed reasonably necessary by the City Manager to permit a full investigation and to insure compliance with the provisions of this chapter.

('83 Code, § 5.44.030)

(A) Upon receipt of a written application for registration as a private patrol operator, the City Manager shall conduct an appropriate investigation in order to ascertain whether the registration shall be granted pursuant to the

provisions of this chapter. He shall grant the registration requested, unless, as a result of such investigation, he finds any of the following facts to be present:

(1) The applicant or any proposed private patrol officer has been finally convicted of a felony, or any crime involving moral turpitude, within the five-year period immediately preceding the date of application.

(2) The applicant, any partner or principal officer of an applicant, or any proposed private patrol officer, is of bad moral character.

(3) The applicant, or any proposed private patrol officer, is not licensed pursuant to the Cal. Bus. & Prof. Code §§ 7500 et seq.

(B) The City Manager shall be authorized to impose such reasonable conditions, including, but not limited to, approval of the type of badges and/or uniforms utilized by a private patrol officer, upon the granting of registration as he may deem necessary or expedient to insure compliance with the provisions of this chapter, and to protect the public peace, health, safety, morals or welfare of the city or its inhabitants.

('83 Code, § 5.44.040)

No registration issued under this chapter shall be transferable. Registrations issued under this chapter shall be valid until revoked. Should any private patrol operation registered as such pursuant to the provisions of this chapter, change its business organization by becoming a partnership, corporation or individual proprietorship, the former registration shall be deemed automatically revoked if within 30 days after the effective date of the reorganization a new application is not filed and approved pursuant to the provisions of this chapter. ('83 Code, § 5.44.050)

(A) Each private patrol operator registered under this chapter, prior to employing any person who will be directly engaged in the private patrol operation, including, but not limited to, solicitors, patrol officers, investigators, and office operators, after issuance of registration, shall file with the City Manager a written application relating to such proposed employee, in a form prepared for that purpose by the City Manager.

(B) Upon receipt of the application, the City Manager shall conduct an investigation to determine whether the proposed employee is qualified pursuant to § 120.04.

(C) If the person is so qualified, the City Manager, by written notice to the registered operator, shall add the person's name to the list of persons authorized to engage in the patrol operation.

(D) Where if as a result of his investigation, the City Manager determines that the proposed employee does not qualify pursuant to § 120.04, he shall give notice of the decision to the operator and to the proposed employee, within five calendar days from receipt of the application.

(E) The operator shall have the right of appeal to the City Council, from the decision, in the time and manner set forth in § 30.04.

('83 Code, § 5.44.060)

The City Manager shall be authorized to inspect, at any reasonable time, the business records of any registered applicant. Refusal to allow the inspection shall be basis for revocation of registration. ('83 Code, § 5.44.070) Penalty, see § 10.99

CHAPTER 121: SOLICITATIONS

CHARITABLE AND RELIGIOUS SOLICITATIONS

No person, without having first obtained a permit therefor, as provided in this chapter, shall make any appeal to members of the public for a charitable or religious purpose, either by soliciting or collecting gifts, contributions, donations or subscriptions, or by promoting or conducting any sale, bazaar or exhibition or by any other means, at any place or to any person within the city.

('83 Code, § 5.48.010) Penalty, see § 10.99

The City Manager shall consider the application, and other relevant information obtained by him as a result of his investigation. If he finds that the applicant has not stated true facts in the application, or that if a permit were to be granted to the applicant, a fraud, in all probability, would be perpetrated upon members of the general public, he shall refuse to issue the permit. If he finds that the application is truthful, that the applicant is acting in good faith, and that, in all probability, a fraud would not be so perpetrated, he shall issue the permit to the applicant for a period off time, as requested by the applicant, not to exceed a period of 90 days from and after the issuance of the permit. ('83 Code, § 5.48.020)

No filing or processing fee shall be required by this chapter. ('83 Code, § 5.48.030)

(A) The Chief of Police, or his or her designee, shall suspend any permit issued under this chapter, if he or she finds:

• (1) The permittee in its operation is, in fact, perpetrating a fraud upon members of the general public;

• (2) Except as otherwise permitted by law, the permittee is soliciting on private property after being requested to cease that solicitation by the owner, tenant or person in apparent control of that property;

• (3) The permittee inhibits any other person's ability to continue on that other person's path of travel to or from any structure or vehicle; or

• (4) The permittee fails to follow valid directions of a city peace officer.

• (B) The permittee whose permit has been suspended pursuant to this section may appeal that suspension order to the Chief Executive Officer (CEO), or his or her designee, subject to the following:

• (1) There shall be no cost charged to the permittee for that appeal;

• (2) The CEO shall schedule and hold the hearing for that appeal within ten days after the appeal is filed;

(3) The CEO shall allow the Chief of Police, or his or her designee, and the permittee, or his or her or its representative, to provide testimony and evidence at that hearing. The city will record the proceedings at the hearing by an audio recorder, court reporter or other method agreed to by the CEO and permittee;

• (4) The CEO shall issue his or her decision within three business days after the hearing is concluded;

• (5) The Chief of Police shall have the burden of proof, by a preponderance of evidence, to show the permit should have been suspended;

• (6) The time periods for the appeal may be extended at the permittee's request;

• (7) The suspended permit shall not be effective unless the CEO decides in the permittee's favor or any of the time periods established in divisions (B)(2), (B)(4) or (B)(6) of this section lapse without any decision from the CEO; and

• (8) The CEO's decision is final and no other administrative appeal is available.

• ('83 Code, § 5.48.040) (Am. Ord. 1326, passed 4-15-09)

No permit shall be required for any of the acts or activities described in § 121.01 by the members of any religious or charitable organization which has been in existence and which regularly has maintained a headquarters or a place of worship, in the city for a period of at least one year next preceding the date on which such activity is proposed to be commenced.

('83 Code, § 5.48.050)

No permit shall be required for any such solicitation carried on, exclusively by the United States Postal Service, or by telephone.

('83 Code, § 5.48.060)

SOLICITATION OF ALMS

It is not the intent of the City Council of the city to completely prohibit the solicitation of alms in the city. Rather, it is the purpose and intent of the City Council, through adoption of this subchapter, to provide additional enforcement tools to protect businesses and their potential customers from harassment by beggars or solicitors of alms, and from persons soliciting donations in exchange for token service. Victims of the conduct prohibited by this section include the persons accosted, the owners and employees of businesses which lose customers because such begging or soliciting has caused the potential customers to feel intimidated and/or harassed, and the city as a whole, which loses sales tax revenues because of lost sales.

(Ord. 1099, passed 3-1-95)

ALMS. Includes, but is not limited to charitable donations, money, or other charitable aid. TOKEN SERVICE. Includes, but is not limited to the wiping or cleaning of glass on automotive vehicles. (Ord. 1099, passed 3-1-95)

No person shall accost any other person in, or on, any public place, or in, or on, any place open to the public for the purpose of begging for alms or soliciting alms in exchange for a token service that has been provided or promised.

This section shall apply only to areas within 50 feet of the entrance or exit of a business establishment, unless such business establishment is located in a shopping mall or shopping center, in which case this section shall also apply to the parking areas and common areas of that shopping mall or shopping center. Further, this section shall not apply to individuals or groups who are soliciting donations or services on behalf of a duly licensed non-profit or charitable organization.

(Ord. 1099, passed 3-1-95) Penalty, see § 10.99