Newark Municipal Code Ch. 5.20 Patrol Systems

For the purpose of this chapter the words "patrol service" and "patrol system" mean any service or system which purports to furnish or does furnish to members or subscribers for a consideration, or otherwise, any watchman or guard, either uniformed or otherwise, to patrol any district in the city, or to guard or watch any property, or to perform any service usually and customarily performed by the regular patrolmen of the police department.

(Ord. 27 § 1, 1956)

For the purpose of this chapter the words "public guard" mean any person who, for a consideration or otherwise, furnishes a uniformed guard at any public gathering to maintain peace and order.

(Ord. 27 § 2, 1956)

It is unlawful for any person, firm or corporation, either as principal or agent, to engage in the business of conducting or maintaining, or soliciting business for any patrol service or system or performing the functions of a public guard without first obtaining a permit from the chief of police therefor, and without paying the annual license fee provided for in Sections 5.20.070 and 5.20.080.

(Ord. 27 § 3, 1956)

Before any person, firm or corporation engages in the business of conducting or maintaining any patrol service or system or performing the functions of a public guard in the city, he or it shall make an application in writing to the chief of police for permission to engage in such business or activity, and describe therein the district in which he or it shall desire to operate. The chief of police shall make an investigation concerning the character of the applicant and the condition of police protection prevailing within the district designated, and shall grant or deny the applicant permission to engage in such business or activity; and such permission shall be granted unless it shall appear from such investigation of the chief of police that the applicant is not a person of good moral character or has not a good character in respect to honesty and integrity, or that the district or public gathering designated in any such application is already supplied with sufficient or ample police protection, by way of regular or reserve police officers of the city, or by reserve sheriff's deputies of Alameda county, or by a patrol service, or system, or both.

(Ord. 27 § 4, 1956)

Within fifteen days after the chief of police denies the application, the applicant may by written notification to the city clerk request a public hearing before the council. Thereafter a public hearing shall be held at its usual meeting place and within thirty days, at which time the applicant and the chief of police may appear and be heard. Said hearing may be continued from time to time. At the conclusion of the hearing the city council shall order the chief of police to grant the application unless it finds that the applicant is not a person of good moral character or has not a good character in respect to honesty and integrity, or that the district or public gathering designated in such application is already supplied with sufficient or ample police protection, by way of regular or reserve police officers of the city, or by reserve sheriff's deputies of the county, or by a patrol service, or system, or both.

(Ord. 27 § 5, 1956)

Any permit, granted by the chief of police as provided in Sections 5.20.030 through 5.20.050 of this chapter, shall be issued upon the following terms and conditions:

A. The patrol service or patrol system or public guards shall be operated, conducted and under the general supervision of the chief of police.

B. The chief of police shall regulate the style of uniform, if any, to be used by said patrol system or patrol service or public guard.

C. Any such permit and any license issued pursuant thereto may be at any time be revoked by the city council for cause shown, after notice to the holder thereof and an opportunity to be heard has been given.

D. The persons operating any patrol service or system in the city shall have complied with an Act to License and Regulate the Business of Private Detectives and Detective Agencies, being a law of the state.

(Ord. 27 § 6, 1956)

Every person, firm or corporation, as provided in this chapter, conducting or operating any patrol system or patrol service shall pay, in lieu of any other business license, a license fee to the city of twenty-five dollars per year, payable yearly.

(Ord. 27 § 7, 1956)

Every person, firm or corporation, as provided in this chapter, performing the function of a public guard shall pay, in lieu of any other business license, a license fee to the city of ten dollars per year, payable yearly.

(Ord. 27 § 8, 1956)

Any person violating or causing to be violated any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined, in addition to having all permits and licenses canceled, a fine not exceeding five hundred dollars, or shall be punishable by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

(Ord. 27 § 9, 1956)