Banning Municipal Code Ch. 5.44 Private Detective Agencies

For the purposes of this chapter, a private detective agency is defined as any person carrying on the business of night watchman, night watch service, private patrol, private policeman or the business of furnishing information as to the personal character, actions or identity of any person or business, or any other occupation, the purpose of which is to afford additional police protection to the public for hire or reward.

(Code 1965, § 17-1.)

No person, either as owner, manager, employee or otherwise, shall manage, conduct, carry on or assist in the management, conducting or carrying on the business of a private detective agency unless under and by authority of a written permit from the chief of police with the approval of the city manager.

(Code 1965, § 17-2.)

A permit to manage, conduct or carry on any private detective agency under this chapter shall be issued upon the written application of any person for himself or on behalf of any corporation or association of persons.

(Code 1965, § 17-3.)

Before issuing a permit required by this chapter the chief of police shall first satisfy himself that the management conducting or carrying on of such private detective agency will comport with the public welfare, and for this purpose he may consider any facts or evidence bearing on the moral fitness and reputation of those who will be in charge of such private detective agency, and any other facts or evidence tending to enlighten the chief of police in this respect. Persons aggrieved by the action of the chief of police or city manager may appeal to the city council.

(Code 1965, § 17-4.)

No city business license shall be issued to any person for the managing, conducting or carrying on of the business of a private detective agency until after a permit in writing therefor, as provided in this chapter shall have been issued by the chief of police, and a copy thereof transmitted to the city clerk.

(Code 1965, § 17-5.)

A. When any permit shall have been issued under the terms of this chapter the same may be revoked at any time thereafter by the chief of police, when satisfied that the management, conducting or carrying on of such private detective agency does not or will not comport with the public welfare for any reason, or that such private detective agency has been conducted in an illegal or improper manner. The chief of police may make rules governing the management, conducting or carrying on of such private detective agency and may revoke or suspend permits issued for the management or carrying on of any such occupation when the manager or person in charge thereof violates or permits any infraction of any such rules, or any law of the state or any provision of this Code or any other ordinance of the city.

B. The chief of police shall give notice of such revocation in writing, and the permittee shall be furnished with a copy of the reasons for such revocation and shall be allowed a reasonable time for answering the same in writing, and in such manner such permittee may demand a hearing before the city council. Upon such hearing, the city council may order the permit restored or may affirm the previous order of revocation.

(Code 1965, § 17-6.)

It shall be the responsibility of the owner, manager, person in charge thereof and employees of a private detective agency operating within the city to abide by and conform to all regulations contained in this chapter. Any violation of these regulations will subject the offender to punishment as prescribed by Section 1.04.100 and, in addition, shall be grounds for revocation of the permit therefor.

(Code 1965, § 17-7.)

A. No person shall be employed, or work, in the business of a private detective agency in the city without first obtaining from the chief of police an identification card, bearing his photograph and right thumb print, and signed by the chief of police.

B. This identification card shall be carried by the person at all times while on duty, and shall be shown on demand by any member of the police department.

C. The application for an identification card shall be accompanied by a fee of five dollars. All identification cards shall be issued for a term of one year.

D. Such identification cards may be revoked and withdrawn by the chief of police at any time when the holder thereof violates any of the rules established by the chief of police, or any law of the state or any provision of this Code or any other ordinance of the city. Persons aggrieved by such revocation may appeal to the city council.

(Code 1965, § 17-8.)

All employees of a private detective agency shall be fingerprinted and photographed and a record on the employee obtained from the Federal Bureau of Investigation and the Bureau of Criminal Identification and Investigation in Sacramento, California. The chief of police will review these records and may disapprove employment, if, in his judgment, the employee's record and reputation indicate it would not be in the public interest.

(Code 1965, § 17-9.)

The owner or manager of a private detective agency shall notify the chief of police in writing when an employee working in the city leaves their employment; and the identification card of such person shall be turned in to the chief of police at the termination of employment, by the owner or manager.

(Code 1965, § 17-10.)

A. All members and employees of a private detective agency shall report to the chief of police with the weapon to be used on duty, with which they will demonstrate their ability and familiarity with the weapon. Inability to properly handle a firearm will be sufficient for rejection of an identification card to such member or employee.

B. Only double action revolvers shall be carried by private detective agencies and their employees, and the use of automatic weapons is prohibited.

(Code 1965, § 17-11.)

All uniforms, badges, cap shields and shoulder patches for private detective agencies shall be approved by the chief of police. All insignia placed on automobiles operated by private detective agencies shall also be approved by the chief of police, and shall include the word. "Private" in not less than four-inch capital letters.

(Code 1965, § 17-12.)