Hemet Municipal Code Art. VIII Private Patrols

Footnotes:

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Cross reference— Law enforcement, ch. 38.

The purpose of this article is to set forth regulations governing private patrol operators, private security guard services, private security personnel and like businesses within the city, require permits and fees therefor, and provide for punishment of violations of this article.

(Ord. No. 881; Code 1984, § 6500)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

License collector means the city manager or his authorized designee or representative charged with the administration of the business license tax program.

Permit means any written authorization or permission to conduct, manage or carry on a business activity within the city. A permit does constitute a business license.

Private patrol service means any person who, for a consideration, furnishes or agrees to furnish to another the services of a watchman, guard, patrolman or other person to protect persons or property or to prevent the theft, unlawful taking, loss, concealment or destruction of or damage to property of any kind, whether by constant observation or intermittent inspection by means of pedestrian or vehicular patrol on the streets or otherwise, or who performs any such services for another except as a part of employment exclusively by one employer; provided, however, that nothing contained in this article shall be deemed or construed to apply to private police protection incident to the transportation for hire within the city of moneys, checks and other written instruments of persons, associations, firms and corporations, or to escorts of funeral processions.

Private patrolman means any person who not only is employed by or is an agent of a private patrol service but who also performs any of the services described in the definition of the term "private patrol service," and includes every owner, partner, officer and manager of a private patrol service, whether or not he personally performs any such services.

(Code 1984, §§ 6501—6504)

Cross reference— Definitions and rules of construction generally, § 1-2.

No person shall engage in, conduct or carry on the business of a private patrol service without first applying for and receiving a permit therefor in accordance with the provisions of this article.

(Code 1984, § 6505)

No person shall engage in, conduct business as or operate as a private patrolman in the city without first filing an application for a permit in accordance with the provisions of this article.

(Code 1984, § 6506)

The issuing authority under this article shall be the license collector.

(Code 1984, § 6507)

The approving authority under this article shall be the chief of police.

(Code 1984, § 6508)

Applications for all permits required in this article shall be in such form as may be adopted by the chief of police. Satisfactory evidence must be produced and presented in support of such application. Such application must contain the names and permanent business and residence addresses of the persons by or for whom the application is filed, the nature of the business to be conducted, the proposed route, if any, of the applicant's operations, the names and address of three responsible persons who have known the applicant for more than three years, any convictions for violation of any law, and such other pertinent information concerning the applicant as may be deemed necessary and proper to consider in recommending or denying the application or permit the applicant applied for.

(Code 1984, § 6509)

Prior to issuance of any permit pursuant to this article, the applicant shall pay the fee prescribed by local law.

(Code 1984, § 6510)

The color and design of uniforms, insignia, shields, and badges of each private patrolman shall be clearly distinguishable from the uniforms, insignia, shields, and badges of officers, officials and employees of federal, state, and local law enforcement agencies and other governmental entities. The uniform, insignia, shield and badge of a private patrolman shall clearly indentify them as an employee or agent of a permitted private patrol service. Private patrol services shall ensure that each private patrolman under their employ or direction complies with this requirement.

(Ord. No. 905; Code 1984, § 6511; Ord. No. 1820, § 1, 11-10-09)

The color, insignia, shields and other markings on vehicles owned or operated by a private security service and/or private patrolman shall clearly distinguish the vehicles from vehicles owned and operated by any federal, state, and local law enforcement agencies and other governmental entities. All insignia, shields and/or other markings placed on such vehicles shall be approved by the chief of police, and include the word "private" in not less than four-inch capital letters. Private patrol services shall ensure that all vehicles they own and operate and vehicles of private patrolmen under their employ or direction comply with this requirement.

(Code 1984, § 6512; Ord. No. 1820, § 2, 11-10-09)

The following shall constitute grounds for denial of a permit under this article:

(1) The character or reputation of the applicant is determined to be inimical to the safety or general welfare of the community;

(2) The applicant or his employee or agent has knowingly made false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any city agency; or

(3) The applicant has failed to provide satisfactory evidence that the required state license issued by the state department of consumer affairs is current and valid.

(Code 1984, § 6513)

The following shall constitute grounds for suspension and revocation of a permit under this article:

(1) There has been a violation of any of the provisions of this Code;

(2) The character or reputation of the permit holder or employee is determined to be inimical to the safety or general welfare of the community;

(3) The permit holder or his employee has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any city agency; or

(4) The state license issued to the applicant has been suspended or revoked by the state department of consumer affairs.

(Code 1984, § 6514)

Any application or permit required by this article may be denied, suspended or revoked by the chief of police or other authorized city official for the grounds listed in section 18-261 or 18-262.

(Code 1984, § 6515)

The procedures for suspension, appeal and revocation of permits under this article shall be in accordance with those procedures set forth in article II of this chapter.

(Code 1984, § 6516)

Any person violating any of the provisions of this article or who does not obtain a permit prior to doing business, or who knowingly or intentionally misrepresents to any city official any material fact in procuring a permit provided for in this article, shall be deemed guilty of an infraction and punished in accordance with section 1-8.

(Code 1984, § 6517)