Baldwin Park Municipal Code Ch. 120 Private Patrols

Section

Statutory reference:

Private patrol operators, see Cal. Bus. & Prof. Code §§ 7544 et seq.

Local regulation of private patrol officers, see Cal. Bus. & Prof. Code § 7524

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