Madera Municipal Code Ch. 12 Regulation of Security Guards, Private Patrol Operators, Alarm Company…

The purpose of this chapter is to establish standards and controls for the various types of private security, security guards, private patrol operators, guard dog companies, private investigators, and alarm companies which provide private security services or street patrol services to the public as allowed by Cal. Bus. & Prof. Code § 7582.5.

(Ord. 695 C.S., passed 1-20-99)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BATON PERMIT. The permit issued to individuals certified by the State of California Security and Investigative Services Bureau to carry and use a baton while providing private security services.

CHEMICAL AGENT PERMIT. The permit issued to individuals certified by the State of California Security and Investigative Services Bureau to carry and use mace or any other non-lethal chemical agent while providing private security services.

EMPLOYEE. An individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control.

EMPLOYER. A person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions.

FIREARMS PERMIT. The permit issued to individuals certified by the State of California Security and Investigative Services Bureau to carry and use a firearm while providing private security services.

INSURANCE POLICY. Any and all insurance policies required of private security services, private patrol, or private investigation services by the State of California Security and Investigative Services Bureau.

LICENSEE. A person licensed under this chapter and includes, but is not limited to, private patrol operator, armored contract carrier and alarm company security.

MANAGER. The individual under whose direction, control, charge, or management the business of a licensee is operated.

PATROL SERVICE. Any service or system which furnishes to members, subscribers or private individuals or residents, for a consideration, any patrolman, guard or watchman, either uniformed or otherwise, or guard dog services to patrol or guard any district, or to act to salvage, guard or protect any property from theft, damage, fire or other hazard.

PRIVATE INVESTIGATOR. A company or person who provides services to individuals or companies for investigation of crimes, individuals, cause of fires, losses, accidents, damage or injury, search for lost or stolen property and to obtain evidence for use in court.

PRIVATE PATROL OPERATOR. A person or company, other than an armored contract carrier, who for any consideration whatsoever agrees to furnish, or furnishes, a watchman, guard, patrol person, or other person 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, or performs the service of a watchman, guard, patrol person, or other person, for any of these purposes.

PROTECTION DOG OPERATOR. A company or person who provides security dog handler patrols, guard dogs, or any other type of canine security service.

REGISTRATION CARD. The card issued to individuals certified by the State of California Security and Investigative Services Bureau to operate as owners or employees for private security services or private investigators.

SUBSCRIBER. The homeowner, business, or other entity which contracts for security or private investigator services.

(Ord. 695 C.S., passed 1-20-99)

The city shall be under no duty or obligation to a subscriber or to any other person by reason of any provision of this article or the exercise of privileges of a subscriber hereunder, including but not limited to any defects in an alarm system or any delays in transmission or response to any alarm or other type of incident.

(Ord. 695 C.S., passed 1-20-99)

(A) Every person, partnership or corporation desiring to engage in the business of operating a private patrol service or private investigators service shall make an application, in writing, for a city business license, signed personally by each individual possessing a financial interest in the proposed private patrol or private investigative service, and shall pay a quarterly business license fee to the city as governed by the provisions relative to city business licenses. The business license shall be granted temporarily, with final approval contingent upon satisfactory completion of the background investigation by the Abatement and Compliance Division as described in § 3-12.05 of this chapter.

(B) Every person, partnership or corporation applying for a business license with the city shall also file an application, signed by all owner(s), partners, officers or shareholders of the corporation, with the Abatement and Compliance Division, which contains the following information:

(1) The full names, dates of birth, home and work address, home and work phone number(s) of owner(s), partners, officers or shareholders of the corporation.

(2) Name of person designated as the business manager or treasurer.

(3) Name of holder of the state issued "Private Patrol Operator" (P.P.O.) number or Private Investigator license and the original of the license issued by the state issuing authority under the provisions of the Private Security Services Act, so that a copy may be made by the division.

(4) 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 the commencement and termination of employment and the nature of the services performed by each such person.

(5) 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.

(6) All other information deemed necessary by the Abatement and Compliance Division or Police Department to satisfactorily conduct a background check for issuance of the business license.

(C) Every person, partnership or corporation who is issued a business license by the city for Security Guard, Private Patrol Operators, Alarm Company Security Guards, Private Investigator services shall maintain said business license in force at all times and in accordance with Title VI of the Madera Municipal Code.

(D) Whether any person signing the application has ever been convicted on a charge of the commission of a felony, or a felony or misdemeanor charge involving moral turpitude at any time, or convicted for any reason, giving full details as to date, city, county or state, charges and disposition.

(E) If the applicant is a corporation, the application shall be accompanied by a certified copy of the resolution or minutes authorizing the application. This application shall be filed with the Abatement and Compliance Division. In accordance with § 1-2.01 of the City Municipal Code, any second or subsequent violation of this section within a period of 12 months of a prior conviction shall be a misdemeanor and not an infraction.

(Ord. 695 C.S., passed 1-20-99)

The Abatement and Compliance Division shall, upon receipt of the application referred to in § 3-12.04, forward the application to the designated department or division for an investigation to be made concerning the veracity of the facts set forth in the application and the reputation, character, competency and integrity of each person signing the application. Upon completion of such investigation, the Abatement and Compliance Division shall file a written report with the Community Development Director and the Finance Director setting forth the results of the investigation and recommending approval or disapproval of the application and final approval of the city business license.

(Ord. 695 C.S., passed 1-20-99)

No business license granted under this section shall be transferred or sold without approval of the city or without completion of a background check on the new applicant(s) by the city.

In accordance with § 1-2.01 of the City Municipal Code, any second or subsequent violation of this section within a period of 12 months of a prior conviction shall be a misdemeanor and not an infraction.

(Ord. 695 C.S., passed 1-20-99)

The city may refuse to issue a business license if it finds:

(A) Former convictions. That any person signing the application or who has a financial or other interest in the proposed private patrol or private investigator service has ever been convicted of any felony or a misdemeanor involving moral turpitude.

(B) Moral character. Any person signing the application or who has a financial or other interest in the proposed private patrol service of bad moral character, or is not a financially responsible person.

(C) Other reasons. For any reason within the discretion of the City Administrator, based upon recommendations from the Chief of Police, Community Development Director and Finance Director, that a private patrol system would not conform with the public welfare or the public safety.

(Ord. 695 C.S., passed 1-20-99)

No city business license shall be issued to any person or corporation who does not possess a valid and existing private patrol operator or private investigator license issued by the state under the provisions of the Private Security Services Act.

(Ord. 695 C.S., passed 1-20-99)

Every person who under this chapter has been issued a city business license to engage in a private patrol service, alarm company security services, or private investigator in this city shall file, with the Abatement and Compliance Division every six months or as necessary as determined thereafter, a written statement, in duplicate, under penalty of perjury, certifying that said person has a valid insurance policy filed with, and a valid license issued by, the Bureau of Private Security and Investigative Services of the state as required by Cal. Bus. & Prof. Code Chapter 11.5 of Division 3 §§ 7583.39 through 7583.42. Copies of such policies or licenses shall accompany said statement.

(Ord. 695 C.S., passed 1-20-99)

(A) Every person lawfully engaged under this chapter in the business of private patrol service or private investigator, or his/her agents, or employees, shall be subject to the general supervision of the Abatement and Compliance Division and such regulations as the latter may prescribe to implement this chapter.

(B) For any dance, rally, fund raiser or event at which alcohol will be served, the private security service shall advise the facility at which the event is booked that the city requires a minimum of two security persons for every 100 people in attendance.

(C) A schedule of such events as indicated above shall be supplied to the Abatement and Compliance Division 24 hours prior to the date(s) of said events.

(D) In the event that regulations prescribed under this section are claimed to be oppressive by the person engaged in the business of private patrol service or private investigator, an appeal, in writing accompanied by a filing fee, may be filed with the Community Development Director. The filing fee therefore shall be as set by resolution of the City Council and subject to revision as needed.

(E) If the Community Development Director concurs in whole or in part with the regulations as set down by the Abatement and Compliance Division, an appeal may be filed within ten days, in writing, accompanied by a filing fee, with the City Administrator. The filing fee therefore shall be as set by resolution of the City Council and subject to revision as needed.

(F) If the City Administrator concurs in whole or in part with the regulations set down by the above, an appeal may be filed within ten days, in writing, accompanied by a filing fee, may be made to the City Council. The filing fee therefore shall be as set by resolution of the City Council and subject to revision as needed.

(Ord. 695 C.S., passed 1-20-99)

Every person or corporation operating as a private patrol service or private investigator is required to register each owner, manager and non-clerical employee with the city. This information shall be provided to the Abatement and Compliance Division for the city. The Abatement and Compliance Program Manager shall be advised within five working days (consisting of a normal work week, Monday through Friday) of the hiring of any non-clerical employee of any private patrol service or private investigator licensed to operate within the city limits. The Abatement and Compliance Division shall provide this information to the Police Department.

The following information will be required, in addition to any other information required by this chapter:

(A) Complete listing of all non-clerical persons employed by company.

(B) Copies of each non-clerical employee's state issued temporary or permanent guard card and, if applicable, copies of each employee's firearms permit, chemical agent permit and baton permit.

(C) Copy of each non-clerical employee's driver license.

(D) Two 2" x 2" color photos of each non-clerical employee.

(E) A listing of all vehicles used by the company, which includes year, make, model, VIN number and license number, of each vehicle.

(F) A listing of all guns used by the company or their employees, to include caliber, make, model and serial number. This information will include which employee or owner uses the weapon.

(G) If canine patrol or guard dog services are provided, certificates of training for dogs and/or handlers.

(H) If protection or guard dog services are provided, a listing of business or residential names and addresses where those dogs are utilized, to include hours when dogs are permitted to roam free on the premises.

(I) If radio communications are used, a copy of the FCC license and the frequency utilized.

No person designated above shall be permitted to work within the city of Madera until this section has been complied with. All non-clerical employees or owner/operators performing security duties shall be required to be clothed in a uniform as approved by the Abatement and Compliance Division.

Additionally, each company, prior to beginning patrol or security services within the city, shall meet with the Abatement and Compliance Division Program Manager and submit samples for approval of all uniform clothing items, to include caps, jackets and other miscellaneous items of apparel. Each company will also supply for visual inspection a vehicle with the markings and lighting (lightbars, flashers, etc.) to be utilized so that such marking and lighting equipment may be reviewed and approved. In addition to required patches, jackets shall be marked with patches or lettering on the back, not less than 4 inches in height, which say "SECURITY" on the back as approved by the Abatement and Compliance Program Manager. Photographs of approved uniforms and vehicles will be taken and maintained by the Abatement and Compliance Division office, with copies supplied to the Police Department. The Abatement and Compliance Division, if necessary, will seek input from a Police Department employee designated by the Chief of Police, prior to final approval of uniform apparel or vehicle markings. No changes to vehicle markings, uniform apparel or badges may be made without prior approval of the Abatement and Compliance Division. Vehicles not marked in the approved fashion, or persons not wearing uniform apparel consistent with that which was approved may be ordered off the streets or to leave an event by a police officer or the Abatement and Compliance Division.

The Abatement and Compliance Program Manager shall also be advised, within two working days, of the suspension, termination, or resignation of any non-clerical employee of any private patrol service licensed to operate within the city limits, the length and reason for such suspension or termination. Notification of any badges, guns, identification cards which are lost, stolen or not turned in upon termination of employment shall also be made to the Program Manager within two working days. The Abatement and Compliance Division shall provide copies of this information to the Police Department.

In accordance with § 1-2.01 of the City Municipal Code, any second or subsequent violation of this section within a period of 12 months of a prior conviction shall be a misdemeanor and not an infraction.

(Ord. 695 C.S., passed 1-20-99)

Every advertisement by a licensee soliciting or advertising business shall contain information as specified in Cal. Bus. & Prof. Code Ch. 11.5 §§ 7582.20 and 7582.21. No private patrol or private investigator service shall advertise services for which they do not possess the proper certification or training.

(Ord. 695 C.S., passed 1-20-99)

(A) The business of private patrol or private investigator service regulated by this chapter is one which affects the public interest and therefore requires the regulations as set forth in this chapter.

(B) The business is under the general supervision of the Abatement and Compliance Division.

(C) The City Administrator may suspend or revoke the permit to engage in such business upon recommendation from the Police Chief, Community Development Director and/or Finance Director, if in the judgement of the City Administrator any person engaged in the business under the provisions of this chapter:

(1) Violates, or causes or permits to be violated, any of the provisions of this chapter or fails to comply with any ordinance, state or federal law, or suspends or discontinues service.

(2) Unlawfully harasses, annoys, molests, bothers or interferes in any manner or by any means, directly or indirectly any other person, partnership, or corporation lawfully engaged in security activities or duties associated with such business.

(3) Makes untrue or unfounded statements or reports concerning any other person lawfully engaged in such business.

(4) Becomes involved in any altercations of any kind with any other person lawfully engaged in such business.

(5) Engages in any conduct which involves fraudulent business practices, or which misrepresents the scope of their authority. Commits any act which is a grounds for refusal to be issued a city business license.

(D) Upon learning of grounds for revocation or suspension of any permit, the Abatement and Compliance Program Manager shall, by written notice, inform the business owner(s) or manager of the violation and require them, by a set time, to correct the matter and inform the Program Manager that such correction has been made, which shall be subject to the inspection and approval of the Abatement and Compliance Division.

(E) If the person, partnership or corporation fails to correct the violation or to inform the Program Manager of the correction, the Program Manager shall, by written notice, inform the person, partnership or corporation or manager that a hearing to consider suspension or revocation of the permit or denial of the renewal shall be held before a hearing board made up of the Community Development Director and Program Manager, at a stated time and place.

(F) The hearing shall be conducted informally, may be continued, and upon the close of the presentation of evidence and argument, and upon submission of the matter, the Hearing Board may dismiss the matter, recommend revocation of the permit or refusal of renewal, or recommend for suspension with terms and conditions for reinstatement. Failure to comply with the terms and conditions shall be deemed grounds for revocation or further suspension.

(G) If the person, partnership or corporation desires to appeal the hearing action, the appeal shall be submitted, within ten working days, in writing, accompanied by a filing fee, to the City Administrator. The filing fee therefore shall be as set by resolution of the City Council and subject to revision as needed.

(H) If the person, partnership or corporation desires to appeal the decision of the City Administrator, the appeal shall be submitted, within ten working days, in writing, accompanied by a filing fee, to the City Council. The filing fee therefore shall be as set by resolution of the City Council and subject to revision as needed. If at any level of the appeal process no appeal is filed within the specified time, the last determination shall be final.

(Ord. 695 C.S., passed 1-20-99)

All provisions of this chapter shall apply to private patrol, security, or private investigators doing business within the city limits prior to its adoption.

(Ord. 695 C.S., passed 1-20-99)