Chapter 9.60 — REGULATIONS OF PRIVATE PATROL SYSTEMS AND PERSONNEL

REGULATIONS OF PRIVATE PATROL SYSTEMS AND PERSONNEL

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Private patrol system" means any business which purports to furnish or does furnish any private policeman, watchman, or guard to patrol any territory or to guard or watch property of another person in the city.

"Private patrol watchman" means any individual who patrols any territory or guards or watches property of another person within the city, and who is employed by a person holding a private patrol system permit or who himself holds a permit to operate a private patrol system, and who holds a permit as required by this chapter. (Ord. 366 §1, 1975)

It is unlawful for any person to wear, or cause or permit to be worn, any uniform in the operation of a private patrol system that is similar to the uniform used by the police or fire departments, and no uniform shall be worn unless the same has been first approved by the chief of police. (Ord. 366 §1, 1975)

It is unlawful for any person to wear or display, or cause to be worn or displayed, any badge or insignia similar in design to that used by the city police or fire departments, and no badge or insignia shall be worn, displayed, or used in any manner, unless the same has been first approved by the chief of police.

(Ord. 366 §1, 1975)

It is unlawful for any person to sell, for use in the city, any badge of a like or similar design to that used by the city police department or fire department, or to sell any badge to be used by a private patrol system or private patrol watchman in the city, except upon the written order of the chief of police.

(Ord. 366 §1, 1975)

The chief of police is directed to file, or cause to be filed, with the Department of Professional and Vocational Standards of the state, a complaint against any person holding a permit to carry on the business of private detective issued by such department of professional and vocational standards, whenever he or she believes good cause exists therefor. (Ord. 366 §1, 1975)

Nothing contained in this chapter shall be construed to permit any person to operate a private patrol system unless such person has first paid any license that may be required by this code or other ordinance of the city, and nothing herein shall be construed as a waiver of any such license. (Ord. 366 §1, 1975)

Any notice required by this chapter must be in writing and may be given by personal service or by mail. In case of service by mail, the notice must be deposited in the United States Post Office, in a sealed envelope, with postage prepaid, addressed to the person on whom it is to be served, at his or her last known address as the same appears from the files of the director of finance. The service is completed at the time of the deposit in the post office. (Ord. 366 §1, 1975)

Any holder of a private patrol system permit, or a private patrol watchman permit, excepting to any denial, suspension, or revocation of a permit applied for or held by him or her, or to any action taken by any official of the city concerning such permit, may appeal in writing to the city council by filing with the city clerk a written notice of such appeal setting forth the specific grounds thereof. Such notice must be filed within fourteen days after notice of such action appealed from, but in no event later than thirty days after the date of such action. The city clerk shall forthwith set the matter for hearing before the council and cause notice thereof to be given to the appellant not less than five days prior to such hearing. At such hearing, the appellant shall show cause, on the grounds specified in the notice of appeal, why the action excepted to should not be approved. Such hearings may, by the council, be continued over from time to time, and its findings on the appeal shall be final and conclusive in the matter. (Ord. 366 §1, 1975)

It is unlawful for any person, either as principal, or agent, or otherwise, to engage in the business of operating a private patrol system without first having obtained a permit therefor as provided by this chapter.

(Ord. 366 §1, 1975)

Any person desiring a permit to engage in the business of operating a private patrol system shall file with the director of finance a written application in triplicate, addressed to the city tax collector, setting forth the information required by this chapter, and shall pay to the tax collector a filing fee of fifteen dollars. If such applicant is an individual, he or she shall sign the application personally. If the applicant is an association, firm, or copartnership, such application shall be signed personally by each person composing or intending to comprise such association, firm, or copartnership. If the applicant is a corporation, such application shall be signed by each member of its board of directors. Such application shall be sworn to by all persons signing the same before some person authorized to administer oaths. (Ord. 366 §1, 1975)

An application for a permit to operate a private patrol system shall be accompanied by the applicant's fingerprints and a photograph not over six months old, and shall be on a form to be supplied by the director of finance, and shall set forth the following information:

• A. The full name and home address of each person signing the application;

• B. The name under which it is proposed to operate the intended private patrol system;

• C. The business or occupation for the five years last past of each person signing the application, giving the name and address of each employer, the date of commencement and termination of employment, and the nature of the services performed by each such person;

• D. The territory of the city in which it is desired to operate the proposed private patrol system;

• E. The hours during which it is proposed to patrol such territory or render guard or watchman service;

• F. The address of the principal place of business of the applicant, or the proposed principal place of business, and all existing or proposed branch offices;

• G. The date of the issuance of the license held by the applicant, issued by the Department of Professional and Vocational Standards of the state pursuant to the laws of the state, as a private detective, and the name and address of his or her surety or sureties;

• H. A statement whether any person signing the application has ever been arrested on a charge of the commission of a felony or a charge involving moral turpitude at any time, or arrested for any reason, within the five years last past, giving full details;

• I. The name and address of the person or persons who will have the active operation and management of the business;

• J. If the applicant is a corporation, the application shall be accompanied by a certified copy of the resolution or minutes authorizing the application; and

• K. Such other information as the chief of police or the city tax collector may require. (Ord. 366 §1, 1975)

Immediately upon the receipt of an application for a private patrol system permit, the director of finance shall forward one copy thereof to the chief of police, one copy to the city tax collector, and file with the permanent records of his or her office the original application. The tax collector shall maintain a permanent file to be known as "Applications and Permits for Private Patrol Systems," wherein he or she shall maintain separately all records and documents of his or her office pertaining to each private patrol permit application and private patrol watchman permit. (Ord. 366 §1, 1975)

Upon receipt from the tax collector of a copy of an application for a permit to operate a private patrol system, the chief of police shall forthwith make an investigation and written report to the city tax collector as to the truthfulness of the facts therein set forth, and the reputation and character, competency and integrity of each person signing the application, and whether the management, conduct, and operation of such proposed private patrol system will or will not comport with the public welfare, and for this purpose, shall consider any facts or evidence bearing on the moral fitness and reputation of those who will be in charge of such private patrol system, and any other evidence or fact tending to assist in enlightening the city clerk in this respect.

(Ord. 366 §1, 1975)

Upon receipt of the written report of the chief of police, the tax collector shall forthwith set the application for public hearing before the city clerk at a date not less than five days after its receipt. The tax collector shall give written notice to the applicant and to such other persons as may in writing request notice, of the day, time, and place of such hearing not less than two days prior to such hearing.

(Ord. 366 §1, 1975)

The city clerk shall grant or deny a permit under this chapter to the applicant within ten days after the completion of such hearing; provided, however, that the city clerk shall deny an application if it appears:

• A. That any person signing the application has ever been convicted of a felony or a misdemeanor involving moral turpitude; or

• B. That any person signing the application does not have a good reputation for honesty, or character, or integrity, or sobriety, or is not a responsible person; or

• C. For any reason, within his or her sound discretion, that a private patrol system is not needed within the territory set forth in the application, or for any other reason which would not comport with the public welfare.

• (Ord. 366 §1, 1975)

Any person who has made application for a private patrol system permit under this chapter and who does not hold a valid permit issued by the department of professional and vocational standards of the state to carry on the business of a private detective shall, before any permit is issued to him or her, deliver to and file with the director of finance a surety bond, executed by a surety company authorized to do business in the state, in the sum of five thousand dollars, conditioned for the faithful and honest conduct of such business by such applicant, which bond shall be upon a form provided by the tax collector and approved as to its form and execution by the city attorney. Such bond shall be taken in the name of the people of the city, and every person injured by the wilful or malicious or negligent or wrongful act of the principal, his or her agents or employees, may bring an action on such bond in his or her own name to recover damages suffered by reason of the wilful or malicious or negligent or wrongful act. A surety bond filed as herein required may be canceled only by service of a written notice upon the tax collector not less than five days prior to the effective date of such cancellation, and the holder of a private patrol system permit and his or her private patrol watchmen, thereby secured, shall be ipso facto, suspended upon the cancellation of the bond until such time as another bond is filed as is required in the first instance. (Ord. 366 §1, 1975)

Any permit for a private patrol system shall be issued upon the following terms and conditions:

• A. That such private patrol system shall be operated and conducted subject to the general supervision of the chief of police; and

• B. That the holder of such permit will require each private patrol watchman employed by him or her to:

  1. Report by telephone to such places and at such intervals as the chief of police may require, and

2. Aid, assist, and cooperate with the city police department in the detention or apprehension of persons suspected of violating the law.

(Ord. 366 §1, 1975)

Any permit granted pursuant to this chapter for the operation of a private patrol system may be revoked by the city clerk for any reason for which the granting of such permit might be lawfully denied, or for the violation of any provision of this chapter, or for any other good cause. Such revocation shall be made only after a hearing granted to the holder of such permit before the city clerk, after five days' notice to the permit holder, setting forth the grounds of complaint against him or her and stating the time and place where such hearing will be held. Such hearing may be continued over from time to time as the circumstances may require. Upon revocation of any permit, such permit shall be forthwith surrendered to the city clerk. The revocation of any permit shall be in addition to any other penalties otherwise provided in this code. (Ord. 366 §1, 1975)

No private patrol system permit may be transferred without the written consent of the city clerk obtained upon application in the same manner as provided by this chapter for the original application for such permit.

(Ord. 366 §1, 1975)

It is unlawful for any person to act as a private patrol watchman, or for any person holding a private patrol system permit to employ or permit to act as a private patrol watchman, any person, unless such person holds an unrevoked permit to so act as provided in this chapter. (Ord. 366 §1, 1975)

The holder of a permit for a private patrol system may file with the tax collector an application, in triplicate, requesting that a permit to act as a private patrol watchman be issued to the person therein named. The application shall be accompanied by a filing fee of five dollars, and shall be upon a form supplied by the tax collector, and shall be sworn to before a person authorized to administer oaths, and must state the length of time that the affiant has known such person, that he or she has investigated such person and believes him or her to be a man or woman of good character, honesty, and reputation, competency and integrity, and physically and mentally capable of performing the duties of a private patrol watchman, and that he or she will require such person, if a permit is granted to him or her, to conform to and abide by all requirements of this chapter. If the applicant is the holder of a private patrol system permit, he or she need only file the written statement required by Section 9.60.320. (Ord. 366 §1, 1975)

An application for a private patrol watchman permit shall be accompanied by a written statement, in triplicate, upon a form supplied by the tax collector, sworn to by the person to whom it is desired that a permit be issued, before a person authorized to administer oaths, setting forth the following information:

• A. The full name and home address of such person;

• B. The business or occupation, for the five years last past, of such person, giving the name and address of each employer, the date of commencement and termination of employment and the nature of the services performed;

• C. If he or she has ever been arrested on a charge of the commission of a felony or charge involving moral turpitude at any time, or arrested for any reason within five years last past, give full details;

• D. That he or she is able to read, write, and speak the English language;

• E. Such other information as the city clerk or chief of police may require. (Ord. 366 §1, 1975)

Immediately upon the receipt of an application for a private patrol watchman permit, and the written statement, the tax collector shall forward one copy thereof to the chief of police, and file the original with the records of his or her office pertaining to the permit issued to the applicant. (Ord. 366 §1, 1975)

The person named in an application for a private patrol watchman's permit shall, within three days after the filing of such application with the tax collector, present him or herself to the police department to be photographed and fingerprinted. The police department shall forthwith cause the person to be photographed and fingerprinted, and such photograph and fingerprints shall be filed in the permanent records of the police department. (Ord. 366 §1, 1975)

Upon receipt by the chief of police of a copy of an application and written statement as provided by this chapter, he or she shall forthwith investigate the truthfulness of the facts therein set forth, the moral fitness, and reputation, character, integrity, and competency of the person who made such statement, and if, upon the completion of such investigation, he or she concludes that such statements are true and that he or she is a qualified and fit person to act as a private patrol watchman, he or she shall issue a permit to such person granting him or her the right to act as a private patrol watchman for the person making the application; provided, however, that such application must be denied if it appears:

• A. That such person has been convicted of a felony or a misdemeanor involving moral turpitude, or a violation of any liquor or narcotic law; or

• B. That he or she does not have a good reputation for honesty, or character, or integrity, or is not a responsible person, or does not have the necessary mental or moral or physical qualifications to perform the duties of a private patrol watchman; or

• C. That he or she cannot read, write, or speak the English language. (Ord. 366 §1, 1975)

Any permit granted pursuant to this chapter for a private patrol watchman may be revoked by the chief of police, after an opportunity to be heard has been granted to the person holding the permit after five days' notice of the time and place of such hearing, for the violation of any provision of this chapter, or whenever it appears to the chief of police that the person does not have the intelligence, or courage, or judgment necessary for the performance of the duties of a private patrol watchman, or has been under the influence of intoxicating liquors while performing his or her duties, or for any other good cause.

(Ord. 366 §1, 1975)

A permit to act as a private patrol watchman, unless previously revoked as provided by Section 9.60.360, shall expire and terminate upon the termination or revocation of the permit granted to the person who made application for his or her private patrol watchman permit, or upon his or her discharge, removal, or resignation as an employee of the person who made application for his or her permit.

(Ord. 366 §1, 1975)