Clayton Municipal Code Ch. 5.16 Private Patrol Services

For the purpose of this chapter the following terms, phrases, words, abbreviations, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

A. "Private Patrol Operator" 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, or concealment of any goods, wares, merchandise, money, bonds, stock, notes, documents, or property of any kind, or perform the service of such watchman, guard, patrolman, or other person for any such purposes.

B. "Street Patrol Operator" means a Private Patrol Operator who employs persons to perform functions listed in subsection A by a street patrol service utilizing foot patrol, motor patrol, or other means of transportation in public areas, streets or thoroughfares in order to serve multiple customers.

C. "Armored Contract Carrier" which is defined as a contract carrier operating armored vehicles pursuant to the authority of the California Highway Patrol and Public Utilities Commission is not included under these definitions.

D. Exception, the terms private patrol operator, street patrol operator and armored contract carrier do not include:

1. Any person employed exclusively and regularly by one employer in connection with the affairs of the employer only and where there exists an employer-employee relationship, provided that such person at no times carries or uses any deadly weapon, as the term is defined in the Business and Professions Code § 7582.2(a); and

2. Reserve police officers or Explorer scouts working at City-sponsored events.

E. "Person" means an individual, firm, company, association, organization, partnership or corporations.

Each private patrol operator and street patrol operator doing business within the City shall register with the Chief of Police before commencing business within the City. Private patrol operators and street patrol operators already doing business within the City at the final passage of the ordinance codified in this chapter shall register with the Chief of Police within thirty (30) days after the effective date of the ordinance codified in this chapter. No fee shall be charged for this registration.

Each private patrol operator shall submit to the Chief of Police, on a quarterly basis, a report showing the name, address and telephone number of each establishment within the City served by the operator and the name, business or residence address, date of birth, and State registration card number of all private security officers employed by the operator who regularly work within the City of Clayton. This report is to be used for the sole purpose of enforcing this chapter. It shall be deemed confidential and no access shall be allowed to any person having an interest in a guard company.

Each private patrol operator and street patrol operator shall file the following documents at the time of registration:

A. A registration form to be provided by the Chief of Police, which shall include the name, business address and business telephone number of the private patrol service or street patrol service being registered. The name, residence address and residence telephone number of the private patrol operator holding the license from the State of California for such private patrol service; the name, address and telephone number of each establishment within the City served by the private patrol service; and the name, business or residence address, date of birth and State registration card number of all persons employed as private security officers by the private patrol service who regularly work within the City of Clayton; and

B. Copies of both the private patrol operator's or street patrol operator's State of California identification card, and private patrol operator's or street patrol operator's license issued by the State of California; and

C. A copy of the private patrol operator's or street patrol operator's City business license.

The Chief of Police may revoke or suspend the registration of any company registered pursuant to the chapter upon a determination that:

A. The registrant has violated or is violating one or more provisions of this chapter; or

B. Grounds exist which would justify denial of an application for registration if such application were then pending; or

C. The registrant has violated any statute or ordinance related directly to the operation or management of a private patrol business; or

D. The registrant has been convicted of, or has engaged in, conduct constituting any of the following offenses:

1. Any offense involving gambling specified in California Penal Code §§ 319—337.9; or

2. Any felony offense involving the sale of controlled substances specified in California Health and Safety Code §§ 11054, 11055, 11056, or 11058; or

3. Penal Code §§ 266(i), 315, 316, 318 or subdivision (b) of § 647; or

4. Any offense which requires registration as a sex offender under Penal Code § 290; or

5. Any offense in another state, which, if committed in this state, would have been punishable as one or more of the foregoing offenses; or

6. Any offense involving the use of force or violence upon the person of another; or

7. Any offense involving theft, embezzlement, or moral turpitude.

D. The term of suspension of any registration shall not be more than sixty (60) days.

Registration issued to a person under this chapter may be revoked or suspended for cause after notice and hearing for any reason set forth in this section. Such hearing shall be held before the Chief of Police or his/her designee. The Chief of Police shall advise the owner in writing of the time and place of the hearing at least seven (7) days in advance of such hearing. At the hearing, evidence will be received and the Chief of Police shall render his/her decision within seven (7) days after the hearing is closed. The decision of the Chief of Police or his/her designee may be appealed by the registrant as set forth in Section 5.16.13 of this code.

The registrant may file a written appeal to the City Manager within ten (10) days of the decision of the Chief of Police. The City Manager will review evidence and reports from the hearing. The City Manager shall render his/her decision within ten (10) days after receipt of the appeal. The decision of the City Manager may be appealed within ten (10) calendar days of such decision to the City Council. The decision of the City Council shall be final.

The Chief of Police shall have the authority to prescribe or approve the style and type of uniform, including badges, if any, to be used by uniformed employees of a private patrol operator for the purpose of maintaining readily apparent distinction from the uniforms worn by regularly employed officers of the City.

The Chief of Police shall have the power to prescribe or approve the type or character of identification markings or insignia placed on any motor vehicle used in the operation of a private patrol service.

Whenever a street patrol special officer or a member or employee of a patrol service observes any unusual occurrence, whether on patrol or at any other time, he shall report such occurrence to the police department forthwith. The officer, member, or employee shall preserve the scene of such occurrence intact and shall allow no moving, disturbance, or other interference with the property, persons, or things affected. Any violation of this section shall be grounds for revocation or suspension of registration.

No rights, duties, or privileges granted or permitted under this chapter shall create, permit, or otherwise vest in any registrant any powers specifically reserved to peace officers as defined in the Penal Code of the state as distinguished from private citizens.

Nothing in this chapter shall be construed to permit any person to act as a private patrol operator or to operate a private patrol service within the City unless such person shall first pay any license tax that may be required by Title 5, Chapter 5.04, of this code. Nothing herein shall be construed as a waiver of any such license.

A violation of any provision of this chapter may be either a misdemeanor or an infraction. Upon conviction, the violator may be punished by a fine of not more than five hundred dollars ($500.00) or, if a misdemeanor, by imprisonment in the county jail for not more than six (6) months, or both.

The Chief of Police is authorized, empowered, and directed to file or cause to be filed with the Bureau of Consumer's Affairs of the State of California a complaint against any private patrol operator or private patrol service whenever he or she believes good cause exists therefore. A copy of such complaint shall be furnished to the private patrol operator involved. (Ord. 367, 9/17/02)