Merced Municipal Code Ch. 5.40 Private Patrol

For the purpose of this chapter, "patrol service" means 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, to patrol or guard any district, or to act to salvage, guard to protect any property from theft, damage, fire or other hazard.

(Prior code § 21.3).

It is unlawful for any person, either as principal or agent, or otherwise, to engage in the business of operating a private patrol service or to engage in employment as a patrolman of such private patrol service, unless there has been issued to such person engaged in such business a certificate of public convenience and necessity by the city council.

(Prior code § 21.4).

Any person desiring to engage in the business of operating a private patrol service shall make an application in writing for a certificate of public convenience and necessity addressed to the city council, signed personally by each individual possessing any interest in the proposed private patrol service. The application shall set forth the following information:

A. 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;

B. The territory of the city in which it is desired to operate the proposed private patrol service;

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

D. 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;

E. Whether or not the applicant holds a license issued by the state under the provisions of the Private Investigator and Adjuster Act.

F. 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;

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

(Prior code § 21.5).

The city clerk shall, upon receipt of the application referred to in the preceding section, forward it to the city manager, who shall cause an investigation to be made concerning the conditions prevailing within the district designated in any such application, as to whether such district is already supplied with sufficient patrol service, guard or watchman. The city manager shall make a further investigation as to the truthfulness of the facts set forth in the application and the reputation, character, competency and integrity of each person signing the application. Upon the completion of such investigation the city manager shall file a written report with the city clerk for presentation to the city council setting forth the results of the investigation and recommending approval or disapproval of the application.

(Prior code § 21.6).

Upon receipt of the written report, referred to in the preceding section, the city council shall forthwith set the application for public hearing before the council at a date not less than ten days after its receipt by the council. The city clerk shall cause notice of the public hearing to be published at least one time in the official newspaper of the city, which publication must be at least three days prior to the aforesaid public hearing. Any person, including the applicant, may appear at the public hearing and state his views as to the application to the city council. Such public hearing may be continued over from time to time as the circumstances may require.

(Prior code § 21.7).

No certificate of public convenience or necessity shall be granted until the council, after the public hearing, declares by resolution that the public convenience and necessity require the proposed private patrol service.

(Prior code 21.8).

Having declared that the public convenience and necessity require the proposed private patrol service, the city council shall grant a certificate of public convenience and necessity to the person applying therefor, who in its opinion is entitled thereto.

(Prior code § 21.9).

No certificate of public convenience and necessity, granted under this chapter, shall be sold, assigned or transferred to any other person, without the prior consent of the city council.

(Prior code § 21.10).

The city council may refuse to issue a certificate of public convenience and necessity 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 service has ever been convicted of a felony or a misdemeanor involving moral turpitude;

B. Reputation for Honesty. That any person signing the application or who has a financial or other interest in the proposed private patrol service does not have a good reputation for honesty, character, integrity or sobriety, or is not a responsible person;

C. Other Reasons. For any reason within the discretion of the council that a private patrol system is not needed within the territory set forth in the application or for any other reason would not comfort with the public welfare.

(Prior code § 21.11).

No certificate of public convenience and necessity shall be issued to any person who does not possess a valid and existing private investigator or private patrol operator's license issued by the state under the provisions of the Private Investigator and Adjuster Act.

(Prior code § 21.12).

Every person lawfully engaged under this chapter in the business of private patrol service, or his agents, servants or employees, shall be subject to the general supervision of the chief of police of the city and such regulations as the latter may prescribe to implement this chapter. In the event that regulations under this section are prescribed which are claimed to be oppressive by the person engaged in the business of private patrol service, an appeal in writing may be filed with the city manager. If the city manager concurs in whole or in part with the regulations as set down by the chief of police, an appeal in writing may be had to the city council.

(Prior code § 21.13).

A. Every person who under this chapter has been issued a certificate of public convenience and necessity to engage in a private patrol service shall pay a quarterly business license fee to the city.

B. The procedure for payment of such fee shall be governed by the provisions of Chapter 5.04, relative to licenses.

(Prior code § 21.14).

Every person who under this chapter has been issued a certificate of public convenience and necessity to engage in a private patrol service in this city shall file, with the city clerk every six months thereafter, a written statement, in duplicate, under penalty of perjury, certifying that said person has a valid bond filed with, and a valid license issued by the Bureau of Private Investigators and Adjusters of the state as required by Chapter 11 of Division 3 of the Business and Professions Code of the state.

(Prior code § 21.14.1).

A. The business of private patrol service regulated by this chapter, is one which is affected with the public interest and therefore requires the certificate of public convenience and necessity and other regulations in this chapter set forth. Such business is one requiring honesty, trustworthiness, dependability, proper conduct and loyalty between it and the public it serves. The business is under the general supervision of the chief of police of the city. If such honesty, trustworthiness, dependability, proper conduct and loyalty as above indicated are not maintained in the highest degree, it is the declared position of the city council that the public interest, the city government and its police department are adversely affected. This is the intent and policy of the city council in enacting this section.

B. The city council may suspend or revoke the permit to engage in such business if in the judgment of the city council 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. In any manner or by any means, directly or indirectly, harasses, annoys, molests, bothers or interfere with any other person lawfully engaged in 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 may bring discredit upon the city or its police department;

6. Commits any act which is a ground for refusal to issue a certificate of public convenience and necessity.

(Prior code § 21.15).