Monterey County Municipal Code Ch. 7.30 Private Patrol Systems

The purpose of this ordinance is to set forth regulations governing private patrol operators within the unincorporated areas of the County and to assure that the public is provided with private patrol operators who have complied with all State regulations, so that the public safe not jeopardized by unlicensed and/or improperly trained private patrol operators and their employees.

(Ord. 2993, 1984)

For the purpose of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section:

a. Private patrol operator or operator of a private patrol service: shall mean any person or persons who, for any consideration whatsoever, agrees to furnish or furnishes a watchperson guard, patrolperson, or other person to protect persons or property, or to prevent a disturbance or breach of the peace, or to control entry or access to any public or private function, party or celebration, amusement or entertainment place or event, or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, stocks, notes, documents, papers or property of any kind; or performs the service of such watchperson, guard, patrolperson or other person for any such purposes.

b. Watchperson or guard or patrolperson: shall mean an employee of a private patrol operator or other lawful business who performs the services of or for the private patrol operator or other lawful business, whether uniformed or not.

c. On duty: shall mean the time from which the employee reports for his or her first duty assignment of the day to the time of completion of his or her last duty assignment, including going to and from such assignments.

d. Off duty: shall mean any time other than on duty time.

e. Private patrol operators registration: shall mean that registration issued by the Sheriff to the private patrol operator or service.

(Ord. 2993, 1984)

No person shall engage in the business or practice of being the operator of a private patrol service or act as a watchperson, guard, or patrolperson in the employment of a private patrol operator within this County without first obtaining a valid registration card from the State of California and registering it with the Sheriff of Monterey County.

(Ord. 2993, 1984)

The Sheriff shall conduct such investigation as is necessary concerning the registration of each private patrol operator.

The Sheriff shall issue a registration card if he or she finds the registration, proposed registrant, and materials submitted to be in compliance with this Chapter. If not, he or she shall deny such registration card. The application fee in an amount set forth in the Monterey County Fee Resolution, shall be submitted with the application as set forth in Section 7.30.050.

(Ord. 4188, § 3, 2003; Ord. 2993, 1984)

The following information shall be submitted to the Sheriff.

a. A certified copy of the proposed registrants State license as evidence that the proposed registrant has complied with State laws governing the business of private patrols.

b. The full name, business address and business phone number of the proposed registrant and of each of his or her partners, if any.

c. The company name under which the proposed registrant intends to do business.

d. A statement regarding the proposed registrants experience and qualifications.

e. A statement regarding the manner in which the proposed registrant intends to conduct business in the County, including how the locations will be patrolled or guarded, number of guards, watchmen, patrolmen to be employed, and what services will be provided.

f. A description of the color and style of the uniforms to be worn by guards, watchmen or patrolmen employed by the proposed registrant, including color photographs depicting the front and sides of such uniforms. The Sheriff shall review the color and style of the uniforms to be worn, in order to assure that such does not violate the provisions of Section 7.30.070 of this Chapter.

g. A description of any badge, cap piece, patch or other insignia to be worn by guards, watchmen, or patrolmen employed by the proposed registrant. The Sheriff shall review any badge, cap piece, patch or other insignia to be worn in order to assure that such does not violate the provisions of Section 7.30.070 of this Chapter.

h. A statement regarding the number of vehicles to be used for patrols by the proposed registrant, the make, model, license number, color scheme and insignia, along with color photographs depicting each and every such vehicles.

i. A certified copy of the proposed registrants insurance policies for the business and all vehicles used by such business, with public liability coverage or certificate of insurance listing the amount of insurance.

j. A current list, to be updated at least every ninety (90) days, if necessary, of the names, California operators license numbers, dates of birth, and photocopies of all State guard cards, baton, mace and firearms permits of each guard, watchperson or patrolperson to be employed within the County.

k. A statement as to whether or not any state, county, municipality, or licensing authority has ever refused to issue, renew, or revoked a permit, license or certificate for private patrol operators, guards, watchmen or patrolmen. A detailed statement regarding the reasons for the above actions shall be included.

l. A statement as to whether or not the proposed registrant, his or her partners or current employees have ever been convicted of any crime other than minor traffic offenses, as if so, the nature of the crime.

m. The names of two reliable references who can establish the moral character and business responsibility of the proposed registrant.

n. Such other information which may reasonably be required by the Sheriff.

(Ord. 2993, 1984)

a. Every private patrol operator shall update the list at least every ninety (90) days, if necessary, of the guards, watchpersons or patrolpersons and supply all information required by Subsections (j) through (n) of Section 7.30.050 and report such information promptly to the Sheriff.

b. Any private patrol operator, guard, watchperson, or patrolperson must have in his or her immediate possession while working within the County his or her private patrol operators pocket identification card, or in the case of an employee of a private patrol operator, a guard registration card or temporary registration card issued by the employer in accordance with Sections 7529 and 7546.2 Business and Professions Code. This card must be presented to any peace officer upon demand.

c. A private patrol operator must notify the Sheriff's Operation Bureau Chief Deputy or the Patrol Divisions Administrative Lieutenant of any contract he or she has entered into for the purpose of providing security services for any public or private gathering of two hundred (200) persons or more. Such notice shall be given as soon as possible before the event.

d. The registration card issued to the private patrol operators business shall be displayed in a prominent place at the business and available for public inspection.

(Ord. 2993, 1984)

No employee, officer, member, owner, guard, watchperson, or patrolperson of any private patrol operator shall wear or display any insignia, or uniform which so resemble that of a law enforcement officer of any County, City, State, or Federal agency within the County of Monterey as would cause an ordinarily reasonable person to believe said employee was a law enforcement officer.

(Ord. 2993, 1984)

a. A private patrol service shall not use or permit to be used any vehicle which would cause an ordinarily reasonable person to believe that such vehicle is a police vehicle or a vehicle representing a governmental agency.

b. No insignias or decals may be placed upon the vehicle other than the company name or seal, which must comply with Section 7.30.070 of this Chapter.

c. All vehicles must have displayed on the sides and rear the words, "Private Patrol" or "Private Security" in lettering not less than two and one-half inches in height and in contrast to the color of the background.

(Ord. 2993, 1984)

a. Any uniform worn by the registrants employees shall be so designed as would not cause an ordinarily reasonable person to believe said employee was a law enforcement officer.

b. Registrants with existing operations in the County of Monterey will have until January 31, 1985 to conform with this Section.

(Ord. 2993, 1984)

a. Weapons, as defined for this Section, are firearms, tear gas and batons. Weapons may be carried only while on duty, while holding a valid California State Consumer Affairs Permit, or as otherwise permitted by law.

b. The registrant of each private security or patrol service or his or her designee shall comply with those Sections of the California Penal Code and the California Business and Professions Code regulating the keeping of records of training, and storage of firearms or other deadly weapons in use by the registrant or any employee while on duty.

c. The registrant or his or her designee of each private security or patrol service shall hold semi-annual inspections of all weapons and ammunition used by his or her employees to insure proper function. Records of inspections shall be maintained for a period of one year and shall include the weapons type, serial number, model number and condition. These records shall be made available to the Sheriff upon request.

(Ord. 2993, 1984)

a. Any proposed registrant pursuant to this Chapter may be refused, suspended or revoked by the Sheriff upon verification of good cause, such as, but not limited, to any of the following:

1. The proposed registrant is not a person of good moral character or business responsibility;

2. The proposed registration contains any false, fraudulent and/or misleading material statement;

3. The proposed registrant has been convicted of any felony or misdemeanor involving moral turpitude; and

4. The proposed registrant refuses, fails or neglects to comply with any of the conditions of this Chapter.

b. The proposed registrant or registrant may appeal any suspension, revocation or refusal under this Chapter within thirty (30) days of the adverse action complained of by filing with the County Board of Supervisors or their designee a written notice of appeal. A copy of the Notice of Appeal must be filed with the County Clerk and served upon the Sheriff by the proposed registrant or registrant. The Board of Supervisors or their designee shall set a date for the hearing and the proposed registrant or registrant shall be notified by mail sent to his or her last address at least five days prior to said hearing. At any such hearing, the Sheriff or his or her representative shall be in attendance. The proposed registrant or registrant at this time may call witnesses and present evidence on his or her behalf. Upon conclusion of such hearing, the Board or their designee shall make findings and shall sustain or overrule the Sheriff's decision.

(Ord. 2993, 1984)

The Sheriff shall enforce all provisions of this Chapter and investigate all reports of violations.

(Ord. 2993, 1984)

The Sheriff or his or her representative may make periodic inspections of the patrol operators of business, records, vehicles and may demand to see all registrations, permits, licenses and other documents required by this code and State law. Any peace officer may request to see at any time any employees guard registration card or other State licenses, permits or certificates.

(Ord. 2993, 1984)

If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this article. The Board hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

(Ord. 2993, 1984)