East Palo Alto Municipal Code Ch. 5.52 Private Patrols

It is unlawful for any person, either for himself or for any other person, firm or corporation, to manage, conduct or carry on the business of a private patrol in the city, without first having obtained a permit to do so as hereinafter provided.

(Prior code § 5-8.101)

For the purpose of this chapter, the term "private patrol" means street patrol or street patrol service to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind.

(Prior code § 5-8.102)

Every person requiring a permit as provided in this chapter shall make a written application therefor to the chief of police on application forms provided therefor by the chief of police. The application shall be verified and shall contain the following information:

A. The true name and address of the applicant and of all persons financially interested in the operation of the private patrol business;

B. The date, place of birth and citizenship of all such persons;

C. The past criminal record, if any, of all such persons;

D. The fingerprints of all such persons;

E. The territory of the city, or the portion thereof, in which such persons propose to provide private patrol service;

F. The approximate number of customers to be provided private patrol service by such persons;

G. The number and description of motor vehicles proposed to be used therefor by such persons; and

H. Such other information as may be deemed relevant by the chief of police.

Upon receipt of an application, the chief of police shall conduct such investigation as he/she may deem necessary and proper as to the character and morals of the applicant and persons financially interested in the private patrol service for which a permit is sought, and as to the proposed territory of the city, or portion thereof, within which the private patrol service is proposed to be conducted.

(Prior code § 5-8.103)

The chief of police shall grant or deny the application. The chief of police may deny the application if it is found that the applicant or any person financially interested in the operation of the private patrol business is a person of bad moral character and for this purpose the chief of police may consider any facts or evidence bearing on the moral fitness and reputation of those who will be in charge of such private patrol, and any other facts or evidence tending to enlighten the chief of police in this respect.

If the application is granted, the chief of police shall, after registration by the applicant, issue to the applicant a permit to operate a private patrol business within the city, shall designate therein the portion or portions of the territory of the city within which such business may be carried on, and shall specify therein such other reasonable additional requirements imposed upon applicant as necessary to meet local needs and are not inconsistent with the provisions of the Private Investigator and Adjuster Act; provided, however, that no such permit shall be issued to any person who is not licensed under the provisions of the Act. The chief of police may also, from time to time, either enlarge or restrict the portion or portions of the territory of the city within which such business may be carried on to prevent a duplication of private patrol services, or to prevent interference with public police protection.

(Prior code § 5-8.104)

Any applicant or permittee dissatisfied at any time with the decision of the chief of police with respect to the denial of a permit or to the portion or portions of territory of the city designated by him for the carrying on of such private patrol business, or with any of terms and conditions of the permit, may appeal to the city council in the same manner and receive a hearing thereon in accordance with the same procedure hereinafter prescribed in Section 5.52.090 of this chapter.

(Prior code § 5-8.105)

All employees of any permittee receiving a permit as provided in this chapter shall register with the chief of police and shall be fingerprinted at the time of such registration. No person of bad moral character shall be permitted by any permittee to perform any services pertaining to private patrol service.

(Prior code § 5-8.106)

No permit granted under the provisions of this chapter shall be transferable except to a person having the qualifications required for the issuance of such permit pursuant to this chapter and no permittee or transferee of a permit shall operate a private patrol business within the territory of the city other than as designated by the city council in granting the application for such permit.

(Prior code § 5-8.107)

A. Titles. No person shall in connection with the operation of a private patrol business use the title "Chief," "Assistant Chief," "Deputized Police Officer," or any other title or designation whatever calculated to indicate an official connection with the office of the chief of police of the city, or with the police force of any other government or governmental agency.

B. Operations. No person shall in connection with the operation of a private patrol business represent himself, or falsely represent another, to be a member of the police department of the city or use any sign, word, language or device calculated to induce a false or mistaken belief that he is acting or purporting to act on behalf of the police department of the city within the scope of any real or purported duty thereof.

C. Collections. No person shall in connection with the operation of a private patrol business use any sign, badge, title or designation, or make any express or implied representation, calculated to induce the belief that he is a member of the police department of the city, or connected therewith in any way, in connection with any activity directed toward the collection of any money or debt, or the repossession, recovering or taking of anything of value, or for any purpose of private gain whatsoever.

D. Badges of Private Patrol Officers. All private patrol officers shall wear such badges and uniforms and shall carry such identification cards as shall be approved by the chief of police, which badges and uniforms shall in no way resemble those of regular or special police officers within the city and the chief of police shall have the right in his discretion to have such private patrol officers deputized for the sole purpose of carrying firearms. The chief of police shall keep a register of all such private patrol officers, and such regulations regarding their conduct and operation as he may deem advisable.

(Prior code § 5-8.108)

The chief of police shall revoke any permit issued hereunder when in his opinion the permittee is violating any of the provisions of this chapter or of the Private Investigator and Adjuster Act. In the event that any such permit is revoked by the chief of police, an appeal may be taken to the city council within thirty (30) days after the date of such denial or revocation, If such an appeal is taken, it shall be by written notice of appeal filed with the clerk of the city council and served upon the chief of police by the permittee. The city council shall set a day for hearing the appeal and shall designate the time and place where such hearing is to be held. A notice of the hearing shall be given the permittee by the clerk of the city council by mailing the same to the last known address of the applicant or permittee not less than five days prior to the date set for such hearing.

At any such hearing the permittee shall be given the opportunity to be heard and/or defend himself/herself, and may call witnesses and present evidence in his/her behalf. The chief of police, or his representative, shall attend the hearing. Upon conclusion of such hearing, the city council shall sustain or overrule, by majority vote, the decision of the chief of police.

(Prior code § 5-8.109)