Cypress Municipal Code Ch. 21 Private Patrols

Cross references: Special permits for certain businesses, § 15-56.

For the purposes of this chapter, the terms "patrol system" and "patrol service" shall include any service or system which furnishes to members, subscribers or private individuals or residents, for a consideration, any patrolman, guard or watchman, either uniformed or otherwise, to patrol or guard any district or to act to salvage, guard or protect any property from theft, damage, fire or other hazard.

(Ord. No. 37, § 1)

No person shall engage in the business of operating any patrol service or patrol system, or patrolling any district in the city, until he shall obtain from the city council a permit to engage in such business; provided, that an individual watchman or caretaker, working for a single employer in a line of business other than that defined in section 21-1, shall not be subject to the terms of this station.

(Ord. No. 37, § 2)

An application for a permit under this chapter shall be signed and verified by the applicant, and shall specify his name, business address, residence address, the number of any telephone, maintained by him, the length of his residence in the city, the location of his last place of business and the name and character of such business, a description of the district in which he desires to operate, the length of time he was engaged therein and the names and addresses of three persons residing within the city to be used as references.

(Ord. No. 37, § 3)

Every person conducting or operating any patrol service or patrol system, or patrolling any district in the city, shall pay a permit fee to the city as prescribed by the master fee schedule, which may be updated by resolution from time to time, payable in advance.

(Ord. No. 37, § 17; Ord. No. 1103, § 18, 10-27-09)

An application for a permit under this chapter shall be accompanied by a surety bond in favor of the city, the form of which shall be approved by the city attorney, and the penal sum of which shall be one thousand dollars.

The condition of such bond shall be substantially such that the principal therein named will faithfully conform to all provisions of this Code and any other ordinances of the city and to all laws of the state relating to the business of the applicant.

The principal and sureties named in such bond, and their successors and assigns, shall be jointly and severally bound unto the city and unto every person aggrieved or damaged by the breach of the conditions of such bond; and such bond shall not be void upon such recovery but may be sued and recovered upon, from time to time, by any person aggrieved or damaged, until the whole penalty is exhausted.

In the event that the total liability of the sureties upon such bonds fall below one thousand dollars, the applicant shall furnish an additional bond to keep the liability at a minimum of one thousand dollars.

(Ord. No. 37, §§ 4 to 7)

If an applicant for a permit under this chapter intends to or does operate any motor vehicles in the conduct of his business, he shall file with the city clerk an insurance policy covering such motor vehicle, which insurance shall include public liability to the extent of ten thousand dollars for the death or injury of one person, twenty thousand dollars for the death or injury of two or more persons and property damage in the sum of two thousand dollars.

(Ord. No. 37, § 8)

The city council shall cause an investigation to be made concerning any applicant for a permit under this chapter, and his application, as it shall deem desirable. The investigation shall include an inquiry into the conditions prevailing within the district designated in any such application and whether such district is already supplied with sufficient patrol service, patrol system, guards or watchman.

(Ord. No. 37, § 9)

All permits under this chapter shall be issued only after being approved and countersigned by the chief of police.

In the event the applicant desires to maintain a fire patrol, his application shall not be granted until approved by the fire marshal.

Each of such officers shall approve such permit only after he has determined that the applicant therefor has complied with this Code and any other ordinances of the city and state laws subject to enforcement by him and applicable to the business of the applicant.

(Ord. No. 37, §§ 15, 16)

If satisfied that the statements and references contained in an application for a permit under this chapter are true and that the applicant is a fit and proper person to carry on such business, and if such application has been approved as provided in this chapter, upon the applicant's compliance with all the requirements of this chapter, the city council shall cause a permit to be issued to such applicant.

The city council may issue permits under this chapter and limit the same to a guard or watchman service as distinguished from roving patrolmen; may delimit the area in which any guard or watchman service or any patrol service may operate; and may prescribe any other limitations, conditions or regulations which it deems necessary and for the best interests of the city in the issuance or at the time or reconsideration of any permit granted.

Every permit under this chapter shall be in effect as long as the permittee pays his city license taxes in the amount required by chapter 15, or until the permit is revoked by the city council or until the permittee fails to comply with the terms of this chapter.

(Ord. No. 37, §§ 10, 17, 18)

In the event that any person holding a permit under this chapter shall, in the judgment of the city council, violate any of the provisions of this chapter or fail to comply with this Code or any other ordinance of the city or state law applicable to his business, the city council may suspend or revoke his permit.

No permit under this chapter shall be suspended until twenty-four hours after written notice to the holder thereof, which notice may be left at his place of business, or at his residence. Such notice shall state the grounds of the suspension.

No permit shall be revoked until a hearing thereon shall have been had by the city council, notice of which hearing shall be given in writing and served, at least five days prior to the date of the hearing, upon the holder of such permit, his manager or agent, which notice shall state the ground of complaint against the holder of such permit, and the time and place where such hearing will be had. Such notice shall be served upon the holder of such permit, or his agent, by delivering the same to such person or to his manager or agent, or by leaving such notice at the place of business or residence of such holder with some adult person. If the holder of such permit cannot be found and service of such notice cannot be made upon him in the manner provided, then a copy of such notice shall be mailed, postage fully prepaid, and addressed to the holder of such permit at such place of business, at least five days prior to the date of such hearing. The time of such notice may be shortened by the city council with the written consent of the holder of the permit.

(Ord. No. 37, §§ 19, 20, 21)

No permit under this chapter shall be construed to obviate the necessity for obtaining a license to conduct such business, from the state, but any person holding a permit and license from the Department of Professional and Vocational Standards, Bureau of Private Investigators and Adjusters of the state to conduct such business shall not be required to furnish the required bond under this chapter upon furnishing satisfactory proof to the city council that he is the holder of such a state permit and license from the Bureau of Private Investigators and Adjusters.

(Ord. No. 37, § 11)

Any permit holder under this chapter shall file with the chief of police prior to the employment of any person, the description, photograph and fingerprints of such proposed employee accompanied by at least two letters of recommendation.

Any person so employed by a permit holder shall be approved by the chief of police before being regularly employed, and such employee shall be removed for any reasonable cause offered by the chief of police.

(Ord. No. 37, §§ 12, 13)

The chief of police shall prescribe the style of uniforms, if any, to be used by any patrol system, patrol service, guards or watchmen under this chapter.

(Ord. No. 37, § 14)