Chapter 6.44 — PRIVATE PATROL OPERATORS

"Private patrol operator" means a street patrol system or business to keep under watch, inspection or periodic examination any persons or property in the city of Burlingame and licensed by the State of California pursuant to Chapter 11.5 of the Business and Professions Code. (Ord. 1111 § 1, (1977); Ord. 1533 § 1, (1995))

It is unlawful for any person to operate, engage in, conduct, carry on, or permit to be operated, engaged in, conducted or carried on within the city of Burlingame, the business of a private patrol operator or to be employed as a security guard or street patrol person by a private patrol operator unless such operator, security guard or street patrol person has registered with the police department and filed therewith a copy of their state identification card, provided that any employee of a private patrol operator not so registered shall obtain a local security guard permit as provided by this chapter. (Ord. 1111 § 1, (1977); Ord. 1484 § 2, (1993); Ord. 1533 § 1, (1995))

At the time a private patrol operator registers with the police department it shall also apply for and furnish the information necessary to obtain a business license as required by Chapter 6.04 of this code. It shall also inform the police department of the areas of locations in the city of Burlingame in which it proposes to provide patrol services. (Ord. 1533 § 1, (1995))

Any person desiring to be employed by a private patrol operator and not registered pursuant to Chapter 11.5 of the Business and Profession Code shall first make application for a local security guard permit by filing with the license collector a sworn application in writing on a form to be furnished by the license collector which shall give the following information:

(a) Name, residence and telephone number;

(b) The previous address of the applicant for the five years immediately prior to the present
address of the applicant;

(c) Social security number and driver's license number;

(d) Birth certificate or other written proof acceptable to the police department that the applicant
is at least 18 years of age;

(e) Fingerprints (taken by the police department for criminal history investigation) and three
portrait photographs at least two inches by two inches, taken within the last 60 days;

(f) Applicant's height, weight, color of eyes and hair;

(g) Business, occupation or employment of the applicant for the five years immediately
preceding the date of application;

(h) The private patrol or similar business license and permit history of the applicant; whether
such person, in previously operating in this or another city or state, under license or permit,
has had such license or permit revoked or suspended, the reason therefor, and the business
activity or occupation subsequent to such action of suspension or revocation;

(i) Whether such person has ever been convicted of any crime, except misdemeanor traffic
violations. If any person mentioned in this subsection has been so convicted, a statement
must be made giving the place and court in which such conviction was had, the specific
charge under which the conviction was obtained and the sentence imposed as a result of
such conviction;

(j) Such other identification and information necessary to discover the truth of matters
hereinbefore specified as required to be set forth in the application;

(k) The application will also include a separately signed waiver and release authorizing the city
of Burlingame, its agents, and employees to seek information and to conduct an
investigation into the truth of the statements made on the application and the qualifications
and record of the applicant.
(Ord. 1533 § 1, (1995))

All applications for initial permits shall be accompanied by a filing and investigation fee as established by resolution adopted by the city council from time to time, no part of which is refundable. Additional fees may be charged to cover costs of processing applicant's fingerprints by the State of California. Upon receipt of said application, the license collector shall refer the application to the police department which shall make a written recommendation to the license collector within 30 days, provided that said 30 days may be extended for such period as may be necessary to obtain fingerprint records from the appropriate state agency. (Ord. 1533 § 1, (1995); Ord. 1823 § 17, (2008))

The police department shall issue such permit if all required information has been furnished and the reports filed find that:

(a) The character of the applicant is satisfactory;

(b) The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent oral or written statements in his or her application or to any person investigating his or her application.

The permit shall be denied if all of the above findings cannot be made or if all of the information required is not supplied to the city. If denied, the reasons therefor shall be endorsed upon the application, and the police department shall notify the applicant of the disapproval with a copy of the application upon which the reasons have been endorsed by first class mail.

(Ord. 1533 § 1, (1995))

In the event a permit has been denied, applicant shall have 10 days from the date of mailing the notice within which to appeal to the city council by filing a written application for a public hearing with the clerk of the city. Notice and a public hearing shall be given as follows:

(a) Upon receipt of the appeal, the city clerk shall set the matter for hearing before the council,
at a regular meeting thereof, within 30 days from the date of filing the appeal, and shall
give written notice of such hearing to the applicant at his or her address set forth in the
appeal by first class mail at least 10 days prior thereto.

(b) On the date set, the council shall hear the matter, and may continue it from time to time
before reaching a decision. If the council finds that the applicant has satisfactorily met all
of the requirements of this chapter, it shall order the issuance of the permit. If it finds that
the requirements have not been met satisfactorily, it shall deny the permit.

(c) All findings of the council shall be final and conclusive upon the applicant.
(Ord. 1484 § 2, (1993) Ord. 1533 § 1, (1995))

Every permit shall be renewed annually, no less than 90 days prior to the anniversary date of its issuance upon approval of the chief of police. The filing and investigation fee for renewals shall be as established by resolution adopted by the city council from time to time, no part of which is refundable. Additional fees may be charged to cover costs such as processing fingerprints. Any permit not renewed shall be null and void on such anniversary date. (Ord. 1484 § 2, (1993); Ord. 1823 § 18, (2008))

The holder of a local security guard permit may transfer employment from one private patrol operator to another without making reapplication. (Ord. 1484 § 2, (1993) Ord. 1533 § 1, (1995))

Any permit issued under this chapter shall be subject to suspension or revocation by the city manager for violation of, or for causing or permitting violation of, any provision of this chapter or for any grounds that would warrant the denial of such permit in the first instance.

Prior to the suspension or revocation of any permit issued under this chapter, the permittee shall be entitled to a hearing before the city manager or his or her designated representative, at which time evidence will be received for the purpose of determining whether or not such permit shall be suspended or revoked or whether the permit may be retained. In the event the permit is suspended or revoked, the notification of the reasons for such suspension or revocation shall be set forth in writing and sent to the permittee by means of first class mail.

In the event of suspension or revocation of any permit, the permittee may appeal to the city council in the manner as provided in Section 6.44.070. (Ord. 1484 § 2, (1993))

All uniforms and badges of private patrol operators and their employees shall be approved by the chief of police and shall in no way resemble those of the Burlingame police department or other law enforcement agency having any jurisdiction in San Mateo County. (Ord. 1484 § 2, (1993); Ord. 1533 § 1, (1995))

Private patrol operators and their employees are prohibited at all times from using the term or title "police," "police officer," "deputy sheriff," "peace officer," "law enforcement" or other term or title that would suggest to the public any official connection with the Burlingame police department or other law enforcement agency having any jurisdiction in San Mateo County. (Ord. 1484 § 2, (1993) Ord. 1533 § 1, (1995))

No private patrol operator or its employee shall knowingly represent him or herself or another to be a member of the Burlingame police department or other law enforcement agency. No private patrol operator or its employee shall use any sign, word, language or device to induce a false or mistaken belief that he or she is acting or purporting to act on behalf of the Burlingame police department or any other law enforcement agency. (Ord. 1484 § 2, (1993); Ord. 1533 § 1, (1995))

The chief of police may regulate the color, affixed signs, insignia and letter to be used on motor vehicles operated by a private patrol operator so as to eliminate confusion with those of the Burlingame police department, or any other law enforcement agency having any jurisdiction in San Mateo County. Knowingly using any vehicle which is colored or has affixed thereon any sign, badge, title or device that would reasonably induce the belief that the vehicle is being operated by the Burlingame police department or by any other law enforcement agency having any jurisdiction in San Mateo County is prohibited.

Vehicles shall comply with all mechanical and equipment regulations of the California Vehicle Code. (Ord. 1484 § 2, (1993) Ord. 1533 § 1, (1995))

The person in charge of a private patrol operator shall notify the chief of police in writing within five days of the termination of any employee. (Ord. 1484 § 2, (1993); Ord. 1533 § 1, (1995))

Any employee having a permit issued pursuant to this chapter whose employment is terminated with a private patrol operator shall deliver and surrender his or her permit to the chief of police. The permit shall be held by the chief of police until expiration, or until the person gains employment with another private patrol operator in the city of Burlingame, whichever occurs first. If the person gains employment prior to the expiration of the permit, the permit will, upon request, be returned to the person. (Ord. 1484 § 2, (1993); Ord. 1533 § 1, (1995))