Colton Municipal Code Ch. 5.50 Regulation of Private Patrol Operators

The City Council finds and declares that the regulation of Private Security Guards is necessary to protect the public peace and safety by assuring that Private Security Guards are properly trained, by requiring employers of Private Security Guards to identify their Employees and Vehicles in a manner that is distinctive but not similar to the Colton Police Officers and Vehicles, and by requiring Private Security Guards to notify the Police Department of their activities within the City.

(Ord. 0-24-03 § 1 (part), 2003)

For the purpose of this chapter, the definitions contained in this section Shall govern the meanings of the Following terms, words, phrases and their derivations:

"Bureau" means the Bureau of Security and Investigative Services of the Department of Consumer Affairs of the State of California.

"Chief" means the Chief of Police of the City of Colton.

"City" means the City of Colton, California.

"City Council" means the City Council of the City of Colton.

"City Manager" means the City Manager of the City of Colton.

"Department" means the Colton Police Department.

"Employee" means any Private Security Guard licensed pursuant to this chapter.

"Firearm Permit" means any Permit or qualification required by the Bureau as a prerequisite to carry a firearm.

"Insignia" means the distinctive patch affixed to a cap or Uniform worn by a security guard licensed pursuant to this chapter.

"Private Security Guard" means a Person who furnishes, or agrees to furnish, himself, herself or another Person to act as a guard or watchman for the purpose of protecting other Persons or Property through keeping and maintaining peace and order, provided that except as provided herein this definition Shall not apply to those Persons exempted by subsections (b) through (o) of Section 7522 or by subsections (b) through (p) of Section 7582.2 of the Business and Professions Code.

"State License" or "State Registration" means a license or registration issued to a Person by the Bureau of Security and Investigative Services pursuant to Chapter 11.5 of Division 3 of the Business and Professions Code which authorizes the Person to act as a private patrol Operator.

"Uniform" means the distinctive clothing worn by each Private Security Guard while on duty.

"Vehicle Decal" means the emblems affixed to a Vehicle Used by a Private Security Guard.

(Ord. 0-24-03 § 1 (part), 2003)

No Person Shall act as a Private Security Guard within the City without a license issued pursuant to this chapter. Any Person who acts as a Private Security Guard within the City without a license issued pursuant to this chapter is guilty of a misdemeanor except that any Employee of a government entity who acts as a guard, patrolman or watchman Shall not be required to obtain a license under this chapter.

(Ord. 0-24-03 § 1 (part), 2003)

A. Every Person who acts, or intends to act, as a Private Security Guard within the City Shall apply for a license to continue or commence said Business with the Department. Such Application Shall be submitted on the form provided by the Department. Such Application Shall require the Following information from each Applicant:

1. The Applicant's current name and any former name Used within the prior ten Years;

2. The name under which the Applicant intends to work or do Business;

3. If the Applicant is an individual, the Applicant's name, date of birth, place of birth, Driver's license number and social security number and residential addresses for the prior ten Years;

4. If the Applicant is a corporation, the name, date of birth, place of birth, Driver's license number, social security number and residential addresses for the prior ten Years of each officer and each Person who will manage the Business within the City;

5. If the Applicant is a partnership, the name, date of birth, place of birth, Driver's license number, social security number and residential addresses for the prior ten Years of each general partner and each Person who will manage the Business within the City;

6. The Applicant's experience as a Private Security Guard including the identity and location of any such Private Security Guard Business currently or previously managed, operated or owned;

7. The address of each location for which the Applicant seeks a Permit to act as a Private Security Guard and the identity of the Owner of said Premises;

8. The Applicant's complete history of any Acts or crimes described in Section 480 of the Business and Professions Code, if any, and the Violation of any licensing statutes or Ordinances for any Business previously conducted by the Applicant;

9. A photograph of the Applicant, taken within sixty Days immediately prior to the date of the filing of the Application, which Shall be two inches by two inches showing the head and shoulders of each Applicant in a clear and distinguishing manner;

10. A certificate of licensure to act as a private patrol Operator issued by the Chief of the Bureau, if the Applicant holds such a certificate;

11. The Applicant's proposed Insignia, Uniforms and Vehicle Decals;

12. Any other information reasonably necessary to accomplish the purposes of this chapter and to evaluate the qualifications, credibility and moral character of the Applicant to comply with the requirements of this chapter.

B. The Applicant Shall verify the accuracy, completeness and truthfulness of the information submitted on the Application under penalty of perjury.

C. The information provided hereunder Shall be, and remain, confidential except for the names of the individuals identified in the Application, their Business names and Business addresses.

D. Upon the filing of an initial Application, the Applicant Shall pay the Fee to investigate and process the Application as May be set by the City Council by Resolution. Upon the filing of an Application for a license renewal, the Applicant Shall pay the Fee to investigate and process the Application as May be set by the City Council by Resolution.

(Ord. 0-24-03 § 1 (part), 2003)

A. Upon receipt of a completed Application for a private patrol Operator license, the Chief, or the Chief's Designee, Shall initiate an investigation of each Applicant and complete said investigation no later than sixty Days from the filing of the Application. The Chief, or the Chief's Designee, Shall investigate the Following:

1. The accuracy, completeness and truthfulness of the information contained in the Application;

2. The Applicant's history, if any, of Violations of criminal or regulatory Violations;

3. The Applicant's prior Business experience as it relates to the management or operation of any Private Security Guard Business or similar Business;

4. The Applicant's compliance with other applicable Laws, Ordinances and regulations;

5. The Applicant's moral character to comply with the requirements of this chapter.

B. If the Chief finds that the Applicant possesses good moral character to act as a Private Security Guard and to comply with the requirements of this chapter, and that the Applicant and the Applicant's Employees possess all required State Licenses and registrations, the Chief Shall grant a Private Security Guard license to such Person. If granted, the license Shall be in the form prescribed by the Chief and Shall be subject to the requirements of this chapter and the conditions imposed by the Chief. If denied, the Chief Shall state the basis of the denial in writing.

C. A Private Security Guard license Shall be valid for an initial period of one Year which Shall automatically expire unless the licensee applies for a renewal of the license. A license renewal May be made upon the original Application or upon another renewal form as prescribed by the Chief. After an investigation of the renewal Application, the Chief May renew or deny the license upon the same grounds as an original license for an additional period of two Years. If denied, the Chief Shall state the basis of the denial in writing.

D. Any such license Shall not be transferable by the Person to whom it is issued. Any such transfer Shall automatically void the license.

(Ord. 0-24-03 § 1 (part), 2003)

A. If the Chief grants a Private Security Guard license, the Chief May impose any condition on the license that reasonably furthers the purposes and requirements of this chapter or other applicable Laws and Ordinances including but not limited to the Following conditions:

1. The Insignia, Uniforms and Vehicle Decals which a licensee May Use within the City;

2. The removal of any Person from the licensee's employment;

3. Any reasonable condition for the operation of the licensee's Business within the City;

4. The provisions of this chapter and all applicable Ordinances of the City.

B. The Chief of Police Shall retain jurisdiction to review the licensee's compliance with this chapter and the conditions imposed on each Private Security Guard license including but not limited to the right to add, delete or modify any condition of the license based upon the circumstances in existence at the time of such proposed review. Each Private Security Guard license granted pursuant to this chapter is conditioned by these review provisions. No action Shall be taken hereunder unless the Chief of Police finds that such action is necessary to protect the public morals, health, peace, safety or welfare, or that such action is necessary to Permit reasonable operation under the Private Security Guard license previously granted.

C. The Chief of Police May institute a review hearing of any license; provided, that a Written statement containing the factual basis of the review and any proposed condition has been prepared and delivered to the licensee together with Notice of the time, date, and place of the review hearing at least twenty Days prior to the review hearing.

(Ord. 0-24-03 § 1 (part), 2003)

Each Private Security Guard licensee is subject to the Following requirements:

A. No licensee Shall duplicate, Use, or employ any device which implies the authorization to Use, the name or seal of the City or the Police Department.

B. No licensee Shall Use, or Permit the Use of, any arm patch, badge, Insignia, Uniform or Vehicle Decal which resemble, in any way, those of the Police Department.

C. Unless a different Uniform is authorized or required by the Chief of Police, each licensee or Employee thereof Shall wear gray pants and a gray shirt at all times while acting as a Private Security Guard or otherwise on duty. The shirt or any article of clothing worn over the shirt Shall bear in a visible location the words "security guard," and neither the shirt, pants, any jacket, Vehicle, or other item of clothing or equipment Shall bear the words "police" or "officer." Each licensee or Employee thereof Shall carry an identification card at all times while acting as a Private Security Guard or otherwise on duty, which card Shall identify the bearer as a Private Security Guard or Shall identify the name of the bearer's employer.

D. Each licensee engaging in work or activities requiring a private patrol Operator license from the Bureau or registration with the Bureau Shall be and remain so licensed or registered.

E. Each of a licensee's security guards, patrol Persons or other Employees required to be registered by the Bureau Shall be qualified and remain registered as required by the Bureau.

F. Each security guard who in the course of his or her employment carries a deadly weapon Shall be and remain registered to carry firearms by the Bureau of Consumer Affairs.

G. Each licensee Shall maintain a current roster of each Employee containing their names, addresses, telephone numbers and State License numbers and Shall make the roster available to the Department upon the request of the Chief.

H. Each licensee Shall enter into a Written contract with each of its clients who employ or engage the services of the licensee which are to be rendered within the City. Such licensee Shall notify the Department of all of its assignments within the City within seventy-two hours after being employed or engaged to conduct such services but no later than twenty-four hours prior to the commencement of such services within the City. Such licensee Shall coordinate its assignments with the Department. Upon request of the Chief, the licensee Shall submit a Copy of any of its contracts for service to the Department.

I. Each licensee Shall notify the Department of the discovery that a deadly weapon, which has been recorded as being in the licensee's possession, has been lost or stolen, or missing or misplaced for more than seven Days. Said discovery Shall be reported immediately to the Department and then to the Chief in writing within twenty-four hours after the discovery. The report Shall identify the firearm and the circumstances of the weapon's disappearance, loss or theft.

J. Each licensee Shall report the Discharge of any firearm by a licensee or any officer, partner or Employee of a licensee while acting within the course and scope of his or her employment within the City. Any such Discharge Shall be reported immediately to the Department and then to the Chief in writing within twenty-four hours after the Discharge. The report Shall contain the circumstances regarding the firearm Discharge and any other information requested by the Chief.

K. Each licensee Shall immediately report those physical altercations involving members of the public and a licensee or any officer, partner, or Employee of a licensee while acting within the course and scope of his or her employment within the City. Any physical altercation Shall be reported immediately to the Department and then to the Chief in writing within twenty-four hours after the physical altercation. The report Shall contain the circumstances regarding the physical altercation and any other information requested by the Chief.

L. Each licensee Shall notify immediately the Department of any criminal activity within the City which May constitute a Federal Bureau of Investigation Part 1 offense observed by a licensee or any officer, partner or Employee of a licensee while acting within the course and scope of his or her employment within the City.

M. Each licensee Shall furnish the Department with the telephone number utilized by the licensee's employer or by the licensee in the operation of the licensee's Business.

N. Each licensee Shall at all times be legally responsible for the good conduct in the operation of the Business of his or her Employees or agents.

O. Each licensee, except those described in Section 7582.2(a) of the Business and Professions Code, Shall comply with Chapter 11.5 of Division 3 of the Business and Professions Code and all regulations adopted thereunder.

(Ord. 0-24-03 § 1 (part), 2003)

A. Upon any Written complaint or any adverse information regarding a licensee, the Chief May initiate an investigation of any licensee or any officer, partner or Employee of a licensee or any incident involving a licensee or any officer, partner or Employee of a licensee, the Chief May initiate an appropriate investigation.

B. The Chief May utilize the information derived from the investigation to impose any reasonable condition on a licensee, suspend or revoke a license issued hereunder, file charges with the Bureau against a licensee or initiate criminal proceedings.

C. The Chief is authorized to file charges, pursuant to Section 7515(f) of the Business and Professions Code, alleging that a registered security guard, patrolperson or other Employee of a non-exempt licensee fails to meet any State standard for registration.

(Ord. 0-24-03 § 1 (part), 2003)

A. In the event that a licensee appears to have violated or failed to comply with any provision of this chapter, any condition of the license or applicable State Law, the Chief of Police May suspend or revoke the license. The Chief Shall submit a Notice of suspension or revocation or a Notice of intent to suspend or revoke the license, the basis of that Notice and the evidence supporting the proposed suspension or revocation of the license.

B. The Chief Shall Notice a hearing within five Days of mailing or delivery of the Notice. At the hearing, the licensee May appear and produce any evidence on the subject. Likewise, any interested Party May appear and introduce evidence on the subject.

C. If the Chief finds that the licensee has violated, or failed to comply with, any provision of this chapter, any condition of the license or any applicable State Law, the Chief May suspend or revoke the license. Within five Days Following the conclusion of the hearing, the Chief Shall render a Decision on the proposed suspension or revocation. The Decision Shall contain the evidence and the findings supporting the action on the license.

(Ord. 0-24-03 § 1 (part), 2003)

A. Any Decision of the Chief of Police to deny, grant, modify, suspend or revoke a license of a Private Security Guard May be Appealed to the City Manager. The Appeal Shall be filed in writing with the City Clerk within ten Days of any Decision by the Chief of Police. Unless an Appeal is filed within such period, any action or Decision of the Chief of Police Shall be final and the City Manager Shall lack jurisdiction to act on such Appeal. No Appeal Shall be valid unless accompanied by the appropriate Fee as determined by a Resolution of the City Council to reimburse the City for the cost to process the Appeal.

B. The statement of Appeal Shall identify the specific action of the Chief from which the Appeal is taken, specify the grounds for the Appeal, and identify the relief requested from the City Manager.

C. Upon receipt of a statement of Appeal, the City Manager Shall set the Matter for a hearing within twenty Days. The City Manager May either hear the Appeal or Designate another Person or panel to hear the Appeal, provided that no member of the Department, including the Chief, May hear the Appeal. If the City Manager wishes to have a Hearing Officer who is not a City Employee, officer, or elected official, or a hearing panel which is not composed entirely of City Employees, officers, or elected officials, such Hearing Officer or hearing panel Must be Designated by a neutral body Designated by the City Manager. The City Manager, or the City Manager's Designee, May deny the Appeal or May grant the Appeal, in whole or in Part. Within ten Days Following the conclusion of the hearing, the City Manager, or the City Manager's Designee, Shall render a Decision on the Appeal which Shall address each Matter raised by the Appeal. The Decision of the City Manager, or the City Manager's Designee, Shall be final.

(Ord. 0-24-03 § 1 (part), 2003)