Concord Municipal Code Art. VI Private Patrol Services

For purposes of this article, the following words and phrases shall have the meanings ascribed to them as follows:

(1) Private patrol operator. 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.

(2) Street patrol operator. A private patrol operator who employs persons to perform the functions listed in subsection (1) 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.

(3) Armored contract carrier. Such terms do not include an armored contract carrier, which is defined as a contract carrier operating armored vehicles pursuant to the authority of the state Highway Patrol and Public Utilities Commission.

(4) Exception. Such terms do not include 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 time carries or uses any deadly weapon, as the term is defined in Business and Professions Code § 7582.2(a).

(5) Person. An individual, firm, company, association, organization, partnership or corporation.

(Code 1965, § 3160; Code 2002, § 54-181. Ord. No. 00-5)

Cross references: Definitions generally, § 1.05.100.

(a) 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 time of final passage of the ordinance codified in this article shall register with the Chief of Police within 30 days after the effective date of the ordinance codified in this article. No fee shall be charged for registration.

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

(1) 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 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; and

(2) Copies of both the private patrol operator’s or street patrol operator’s state identification card, and private patrol operator’s or street patrol operator’s license issued by the state; and

(3) A copy of the private patrol operator’s or street patrol operator’s city business license.

(c) 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. This report is to be used for the sole purpose of enforcing this article. It shall be deemed to be confidential and no access shall be allowed to any person having an interest in a guard company.

(Code 1965, § 3161; Code 2002, § 54-182. Ord. No. 00-5)

(a) The Chief of Police may revoke or suspend the registration of any company registered pursuant to section 2.50.230 upon a determination that:

(1) The registrant has violated or is violating one or more provisions of this article; or

(2) Grounds exist which would justify denial of an application for registration if such application were then pending; or

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

(4) The registrant has been convicted of, or has engaged in, conduct constituting any of the following offenses:

a. Any offense involving gambling specified in Penal Code §§ 319--337.9; or

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

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

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

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

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

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

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

(c) Registration issued to a person under this article may be revoked or suspended for cause after notice and hearing for any reason set forth in subsection (a) of this section. Such hearing shall be held before the Chief of Police or his designee. The Chief of Police shall advise the owner in writing of the time and place of the hearing at least seven days in advance of such hearing. At the hearing, evidence will be received and the Chief of Police shall render his decision within seven days after the hearing is closed. The decision of the Chief of Police or his designee may be appealed by the registrant as set forth in section 2.50.250 of this Code.

(Code 1965, § 3162; Code 2002, § 54-183. Ord. No. 00-5)

The procedure for appeals of denials of applications for registration shall be as set forth in section 2.05.040 of this Code.

(Code 1965, § 3162; Code 2002, § 54-184. Ord. No. 00-5)

(a) 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 police officers of the city.

(b) 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.

(Code 1965, § 3163; Code 2002, § 54-185. Ord. No. 00-5)

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 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.

(Code 1965, § 3164; Code 2002, § 54-186. Ord. No. 00-5)

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

(Code 1965, § 3165; Code 2002, § 54-187. Ord. No. 00-5)

Nothing in this article 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 chapter 5.05, of this Code. Nothing herein shall be construed as a waiver of any such license.

(Code 1965, § 3166; Code 2002, § 54-188. Ord. No. 00-5)

A violation of any provision of this article shall be a misdemeanor and shall be punished as provided in section 1.05.230 of this Code.

(Code 1965, § 3167; Code 2002, § 54-189. Ord. No. 00-5)

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 a complaint against any private patrol operator or private patrol service or any person employed as a private security officer by a private patrol operator or private patrol service whenever he believes good cause exists therefor. A copy of each such complaint shall be furnished to the private patrol operator involved.

(Code 1965, § 3168; Code 2002, § 54-190. Ord. No. 00-5)