Berkeley Municipal Code Ch. 9.68 Private Patrol Services

For purposes of this chapter, the following definitions apply:

A. "Private patrol operator or operator of a private patrol service" means a person who for any consideration whatsoever, agrees to furnish or furnishes a watchman, guard, patrolman or other person to protect persons or property, or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind; or performs the service of such watchman, guard, patrolman or other person for any of such purposes. Off-duty peace officers working for private employees and armored car service for transporting of money or other valuable personal property under guard are not subject to the provisions of this chapter.

B. "Private patrol person" means any person, employed by a private patrol operator as a guard, watchperson or patrol person or other patrol function.

C. "Registrant" means any person, business, service or organization registered with or seeking to register with the City pursuant to the provisions of this chapter. (Ord. 5445-NS § A (part), 1982)

No person shall engage in the business of being a private patrol operator or provide such services within the City of Berkeley without first having obtained approval by the Police Chief of the registration statement required by this chapter. The registration statement, which must be verified by the registrant, shall be filed with the Police Chief and must contain the following information:

A. Name and business address of registrant;

B. Name and business address of each private patrol person employed by the registrant and working in the City;

C. A photostatic or certified copy of each such person’s current state identification card issued pursuant to Section 7514(f) of the Business and Professions Code;

D. A description of the color and design of the uniforms to be worn by private patrol persons employed by the registrant along with color photographs depicting the front and sides of such uniform;

E. A description of the badge to be worn by private patrol persons employed by the registrant, along with color photographs depicting the color, shape and size of such badges;

F. A statement regarding the number of vehicles the registrant intends to use for patrol, specifying each vehicle’s make, model, license number, color scheme, and insignia along with color photographs depicting the front, sides and rear of such vehicles;

G. A description of areas of public or private property upon which the registrant intends to park vehicles used in the operation of the business.

H. In addition to furnishing the above information, no person may provide street patrol service without supplying the following additional information in the registration statement:

1. A list of locations to be patrolled, including the names and addresses of businesses to be patrolled and/or locations to be patrolled;

2. A statement regarding the manner in which the registrant intends to conduct business in the City, including how the location will be patrolled and a proposed schedule of patrols and services;

3. A current list of names, California drivers’ license numbers, state security guard registration numbers, firearm permit numbers, and baton and mace permit numbers of the street patrol guards to be employed in the City; and,

I. Any private patrol person or operator of a private patrol service must have in their possession while working within the City, their permanent private patrol license issued by the state. An application for such a license does not meet the requirements of this chapter.

Nothing contained in this section shall be construed to deny the Police Department, in investigating the registrant, the right to take fingerprints and additional photographs of the registrant, its officers, members, associates and employees, or to request such other identification and information as may be necessary to verify the truth of the matters set forth in the registration statement. (Ord. 5445-NS § B, 1982)

Every private patrol operator or operator of a private patrol service shall continually update the lists of locations to be patrolled by street patrol guards, including names and addresses of businesses and locations to be patrolled by promptly notifying the Police Department of any changes of such names, addresses or locations.

Every private patrol operator shall continually update the list of private patrol persons employed in the City by notifying the Police Department of any changes in the list by providing to the Police Department the names, California drivers’ license numbers, state security guard registration numbers, and weapons permit numbers of any additional private patrol persons replacing those previously listed. (Ord. 5445-NS § C, 1982)

Within a reasonable time after the filing of a registration statement pursuant to this chapter, the Police Chief shall conduct an investigation concerning the statement and the business proposed to be conducted. The Police Chief shall approve the registration statement if all requested information has been provided, if the investigation reveals that all material facts in the application have been truly stated, and if the registrant has not previously been convicted of a crime involving moral turpitude or felony use of force or violence against another. The Police Chief shall deny registration if the investigation reveals that the registrant has intentionally made false or misleading statements on the registration statement or has been convicted of crimes involving moral turpitude or felony use of force or violence against another. (Ord. 5445-NS § D, 1982)

Registration may be conditionally approved in order to insure compliance with the provisions of this chapter. (Ord. 5445-NS § E, 1982)

No private patrol operator or operator of a private patrol service shall be permitted to operate its business in any fictitious name which may be confused with or which is similar to any federal, state, county or municipal governmental function or agency or to any law enforcement agency, or any name which may tend to describe any business function or enterprise not actually engaged in by the registrant. (Ord. 5445-NS § F, 1982)

Any registration statement approved pursuant to the provisions of this chapter may be revoked or suspended by the Police Chief when in their opinion the registrant is violating any of the provisions of this chapter. If registration is denied or revoked by the Police Chief, the registrant may appeal to the City Manager within thirty days after the date of denial or revocation by filing a written notice of appeal with the City Manager setting forth in full the grounds of the appeal. The City Manager is authorized to issue any regulations that are reasonable and necessary to hear and determine such appeals. (Ord. 5445-NS § G, 1982)

The Police Chief shall have the authority to make rules and regulations not inconsistent with this chapter concerning private patrol operators and private patrol persons. (Ord. 5445-NS § H, 1982)

The Police Chief shall approve and may designate the type and color of uniform to be worn by the registrant or its employees. Uniformed patrol persons shall wear their uniforms at all times while on duty. Registrant and its employees are prohibited at all times from using any term or title which would indicate to the public any official connection with any law enforcement agency with jurisdiction in the county of Alameda or in the City of Berkeley. (Ord. 5445-NS § I, 1982)

The Police Chief shall approve any insignia and badge to be worn by the private patrol operator or its employees. (Ord. 5445-NS § J, 1982)

The Police Chief or appropriate police official shall approve and may designate identification markings or insignia to be placed on any motor vehicle used in the operation of any private patrol service. A private patrol service or patrol person shall not use or permit to be used for purposes of patrolling, any vehicle which is not marked and identifiable with approved markings or insignia in accordance with rules and regulations adopted by the Police Chief. No vehicle used by a private patrol operator shall be equipped with a red light, siren, or be painted in a manner similar to a police vehicle of the City of Berkeley or other law enforcement agency with jurisdiction in the county of Alameda or in the City of Berkeley. (Ord. 5445-NS § K, 1982)

Prior to approval of registration of a private patrol service, the registrant shall file with the City a policy or policies of comprehensive public liability insurance, including coverage of each motor vehicle in use by the private patrol service. The insurance shall, at a minimum, include coverage to the extent of one hundred twenty thousand dollars for the death or injury of one person in any one occurrence, three hundred sixty thousand dollars for the death or injury of two or more persons in any one occurrence, and property damage coverage in the amount of twenty thousand dollars.

This insurance shall cover and apply to all employees of the registrant and/or any person driving vehicles owned or operated by the private patrol service to which the permit is issued.

The insurance policy or policies shall provide that the City Attorney and the Police Chief shall be given ten days written notice in advance of any material alteration or cancellation of the insurance coverage provided. (Ord. 5445-NS § L, 1982)

A registrant under this chapter shall not perform within the City of Berkeley any official police or investigation activities not incidental to the theft, loss, embezzlement, misappropriation, or concealment of any property, or other thing which registrant has been hired or engaged to protect, guard, or watch. However, any private patrol operator or patrol person who is requested to assist any police agency in any police matter shall do so immediately.

As soon as possible, but not more than twenty-four hours after occurrence, the registrant will make known in writing to the Police Chief: (a) any arrests made; (b) collisions within the City involving its vehicles; and, (c) any weapons discharged by private patrol persons working in the City. (Ord. 5445-NS § M, 1982)