Daly City Municipal Code Ch. 5.60 Private Patrols

For the purposes of this chapter, the words "street patrol" and "street patrol special officer" means any person carrying on the business or occupation of night watchman, night watch service, private patrolman or any other occupation the purpose of which is to afford additional police or fire protection for hire or reward; provided, that a watchman or caretaker working for a single employer in a line of business other than so defined shall not be subject to the provisions of this chapter, and that a person operating an armored car service for transporting money or other valuable personal property under guard shall not be subject to the provisions of this chapter.

(Prior code § 22-1)

No person, either as principal or agent, shall engage in the business of maintaining or operating any street patrol service or as a street patrol special officer within the city without first obtaining a permit to do so from the chief of police.

(Prior code § 22-2)

An application for a permit required by this chapter shall be filed with the chief of police. The application shall be signed and verified by the applicant and shall specify his name, business address, residence address and the numbers of any telephones maintained by him; the location of his last place of business; the name and character of such business, and the length of time he was engaged therein; a statement of whether or not the applicant has ever been convicted of a felony or misdemeanor; and such other identification and information as shall be deemed necessary by the chief of police not inconsistent with the provisions of Chapter 11, Division 3, of the Business and Professions Code of the state.

(Prior code § 22-3)

Upon receipt of an application for a permit required by this chapter by the chief of police, he shall cause a thorough investigation to be made of the applicant for the purpose of determining that the applicant is a fit and proper person to carry on the patrol service for which he seeks a license. The chief of police shall find and determine, before any permit may be issued, that the conduct of such activity and the issuance of any such permit will be conducive to the public welfare and safety and for this purpose he may consider any facts or evidence bearing upon the fitness and capability of the applicant. He shall determine and find that the applicant has complied with all applicable laws and regulations of the state and all applicable provisions of this code or any other ordinances of the city. In the event of the approval of the application the chief of police coincidental therewith shall allocate all or such portion of the city as he determines, consistent with the necessities and requirements of the general public welfare, within which the activities of such applicant shall be confined.

(Prior code § 22-4)

Every permit under this chapter shall be issued for a period of one year upon the payment of a nonrefundable permit fee as fixed by resolution of the city council and upon compliance with the requirements contained in this chapter. Evidence of such permit shall be carried at all times by the person to whom it is issued, and shall be exhibited upon demand by lawful authority. No permit issued under this chapter shall be transferable by operation of law or otherwise.

(Ord. 1146 § 16, 1991: prior code § 22-5)

A permit for a street patrol or street patrol special officer or employee under this chapter may be suspended or revoked by the chief of police in the manner and upon the grounds set forth in this section if the holder thereof has violated any of the provisions of this code or any other applicable ordinances of the city, or laws of the state or of the United States, the violation of which reflects unfavorably upon the fitness of the holder of the permit to offer a private patrol service or be employed in offering such service.

Prior to revocation of any such permit the holder thereof shall be given notice of the proposed action and shall be given an opportunity to be heard. Such hearings shall be before the chief of police and notice shall be given at least five days prior to such hearing, which notice shall contain the grounds specified for the proposed revocation. Any interested person may appeal the ruling of the chief of police on such matter of revocation to the city council by notice in writing to such effect filed within five days after the chief of police has filed his written decision. Such notice shall be deposited with the city clerk within such period of time and such notice shall specify with particularity the grounds on which such appeal is made. The city council shall hear such appeal at its next succeeding regular meeting and the decision of the city council shall be final.

(Prior code § 22-6).

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

(Prior code § 22-7)

Prior to the employment of any person by a street patrol service or by a street patrol special officer holding a permit issued pursuant to this chapter, the owner shall in writing advise the chief of police of the name, address, physical description, whether or not such proposed employee has ever been convicted of a felony or misdemeanor and other identification and information which may be requested by the chief of police. If, within ten days after receipt of such notice, the chief of police determines that the proposed employee is not a fit person to be engaged as such patrol officer, he shall so advise the owner, and such person may not be employed as a patrol officer within the city. The decision of the chief of police in this regard may be appealed to the city council. If for reasons beyond his control the chief of police is unable to complete his investigation within ten days from receipt of the aforementioned notice, an additional ten days shall be allowed for such investigation and decision. In any event, unless the chief of police refuses to approve the employment of such person within twenty days after receipt of notice of intended employment, such person may be employed.

(Prior code § 22-8)

The chief of police shall prescribe or approve the style and type of uniform, including badges, if any, to be used by any private patrol system or patrol service for the purpose of maintaining readily apparent distinction from the uniforms worn by regularly employed police officers of the city.

The chief of police shall prescribe or approve the type of character of identification markings or insignia placed on any motor vehicle used in the operation of any private patrol service or patrol system.

(Prior code § 22-9)

Any unusual occurrences observed while patrolling or at any other time by a street patrol special officer or by members or employees of a patrol service holding a permit pursuant to this chapter shall be reported to the police department forthwith. It shall be the duty of such person to preserve the scene intact and allow no moving, disturbing or otherwise interfering with the property, persons or things affected. Any violation of this section shall be grounds for revocation of any permit issued under this chapter.

(Prior code § 22-10)

Any decision of the chief of police made under this chapter concerning the granting or withholding of any permit under this chapter, the allocation of any territory and the approval or disapproval of any proposed employee, may be appealed to the city council by any interested person. Such appeal may be taken by notice given in the same manner as provided in Section 5.60.060 and the city council shall hear such appeal at its next succeeding regular meeting and its decision shall be final.

(Prior code § 22-11)