Irvine Municipal Code Ch. 4 Security Systems, Private Patrol Services

Footnotes:

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Editor's note— Prior to amendment by Ord. No. 191, adopted April 26, 1977, these provisions derived from Ord. No. 27, adopted April 17, 1972.

For the purpose of this chapter, certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended:

Private patrol service andprivate patrol system. These terms shall mean any person, business, service or organization which furnishes or purports to furnish to members, subscribers or customers any uniformed private patrolperson for the purpose of affording additional police security protection.

Private patrolperson. The term "private patrolperson" shall mean any person employed by a private patrol service as a uniformed guard, uniformed watchman, or uniformed patrolperson; it shall also include a uniformed watchman, uniformed guard, or uniformed caretaker employed exclusively by a single employer, such as an industrial plant, department store, community association, or private club.

(Code 1976, § II.M-701; Ord. No. 191, 4-26-77)

Every person operating and/or owning a private patrol service and/or private patrol system doing business in the City must apply to and receive from the City a business permit as outlined in Chapter 2 of Division 10 of Title 2 of the City Code.

(Code 1976, § II.M-702; Ord. No. 191, 4-26-77)

A. Every applicant for a business permit pursuant to this chapter shall furnish to the Director of Public Safety a photostatic or certified copy of his or her license issued by the State of California pursuant to the Proprietary Security Services Act (Business and Professions Code § 7574 et seq.) and a bond evidencing that he or she has complied with any and all applicable State of California laws relating to the operation of a private patrol service and private patrol system.

B. No applicant for a business permit pursuant to this chapter who is an illegal alien shall be granted a business permit.

(Code 1976, § II.M-703; Ord. No. 191, 4-26-77)

A. The operator of a private patrol service and/or private patrolperson shall not use any vehicle which is painted in such a manner or in such colors as to cause it to be in imitation or to be mistaken for an official patrol or traffic vehicle of the sheriff or any police department of any City within the County.

B. The licensees shall not display, on any vehicle, any emblem or decal which is in imitation of, or can be mistaken for, any official vehicle emblem or decal of the sheriff or of any police department of any city within the County.

(Code 1976, § II.M-705; Ord. No. 191, 4-26-77)

A. Prior to issuance of a business permit, the applicant shall file with the Director of Public Safety a policy or policies of comprehensive general liability and property damage insurance, including automobile insurance for each motor vehicle in use by the private patrol service. The insurance shall, at a minimum, include coverage to the extent of $1,000,000 for the death or injury of one person in any one occurrence, $2,000,000 for the death or injury of two or more persons in any one occurrence, and property damage coverage in the amount of $1,000,000.

B. This insurance shall cover and apply to all employees of the private patrol system and/or any person driving vehicles owned or operated by the private patrol system which is the subject of the business permit.

C. The insurance policy or policies shall provide that the City shall be given 30 days' written notice prior to any material alteration or cancellation of the insurance coverage provided.

(Code 1976, § II.M-706; Ord. No. 191, 4-26-77)

A. Upon receiving an application to operate a private patrol service within the City of Irvine, the Director of Public Safety shall cause an investigation to be made of the qualifications and moral character of the applicant.

B. The Director of Public Safety may deny a permit unless the applicant makes a showing satisfactory to the Director of Public Safety that the applicant, if an individual, or the manager and each officer, director and partner, if the applicant is a business rather than an individual, has not:

1. Committed any act constituting dishonesty or fraud;

2. Bad moral character, intemperate habits, or a bad reputation for truth, honesty or integrity;

3. Been convicted of any felony or any crime involving moral turpitude;

4. Knowingly made any false statements in his or her application.

C. If the Director of Public Safety determines that the private patrol service is properly organized, that there is a need for such service, and that the public interest, safety, necessity and convenience will be served by the operation of the private patrol service described in the application, he or she shall issue his or her approval of a nontransferable permit for such service. If the Director of Public Safety determines that the foregoing requirements have not been satisfied, he or she may deny the application. Notification will take place through the Office of the Director of Public Safety.

(Code 1976, § II.M-707; Ord. No. 191, 4-26-77)

A. At the discretion of the Director of Public Safety, any person who is to be employed as a private patrolperson within the City of Irvine shall submit his or her name and evidence of his or her State license to the Director of Public Safety. The Director of Public Safety shall cause an investigation to be made of the qualifications and moral character of the proposed employee. The Director of Public Safety shall approve employment of the proposed employee only after he or she has determined that the proposed employee is over 18 years of age, that the contents of the application are true; and that the proposed employee has not:

1. Committed any act constituting dishonesty or fraud;

2. Bad moral character, intemperate habits, or a bad reputation for truth, honesty or integrity;

3. Been convicted of any felony or any crime involving moral turpitude;

4. Knowingly made a false statement in his or her application.

B. If the Director of Public Safety finds that the proposed employee does not possess the qualifications required by this section, he or she shall disapprove the employment of said employee. The Director of Public Safety shall give written notification of his or her decision to the employer of the private patrolperson.

(Code 1976, § II.M-708; Ord. No. 191, 4-26-77)

All complaints regarding the activities of a licensee under this chapter shall be investigated by the Director of Public Safety.

(Code 1976, § II.M-709; Ord. No. 191, 4-26-77)

A. If at any time it shall come to the attention of the Director of Public Safety that the holder of any permit issued under this chapter has violated any provisions of this chapter, or rule, or regulation made pursuant to this chapter, or federal law, or is guilty of misconduct while on duty, or has ceased to meet the requirements for issuance of a permit contained in this chapter, the Director of Public Safety may suspend or revoke the permit effective on the date noticed.

B. If the permit holder is aggrieved by any decision of the Director of Public Safety, he or she may appeal to the City Manager, who shall comply with the procedure outlined in Section 4-6-225 of this Code. During the period of this appeal, the licensee shall cease and desist all operations within the City of Irvine.

(Code 1976, § II.M-710; Ord. No. 191, 4-26-77)

A private patrolperson shall surrender any insignia of his or her employer when he or she ceases to be employed as a private patrolperson by the private patrol system.

(Code 1976, § II.M-711; Ord. No. 191, 4-26-77)

A licensee under this chapter or his or her employee shall not wear any badge or uniform which is in imitation of, or can be mistaken for, an official sheriff or marshal's badge or uniform or an official police uniform of the police force of any city within the County, or an official uniform of any State officer.

(Code 1976, § II.M-712; Ord. No. 191, 4-26-77)

A licensee or his or her employee under this chapter shall not, either by himself or herself or through the actions of another, annoy or commit a nuisance against or injure the property of, or unnecessarily enter or otherwise trespass upon the property of any person whose property the licensee is not employed to protect.

(Code 1976, § II.M-713; Ord. No. 191, 4-26-77)

A. A licensee under this chapter shall not perform official police or investigation activities in any area of federal, State or local law. However, any private patrol service that is requested to assist any police agency in any police matter shall do so immediately.

B. The licensee will make known in writing to the Director of Public Safety any arrests made, collisions involving security vehicles or discharge of weapon by security patrol in Irvine within 72 hours of occurrence.

(Code 1976, § II.M-714; Ord. No. 191, 4-26-77)