Chapter 5.52 — PRIVATE PATROL SERVICES AND PRIVATE WATCHMAN

For the purposes of this chapter, certain words and phrases are defined, and certain provisions shall be construed, as herein set out, unless it shall be apparent from their context that a different meaning is intended:

"Private patrol operator" means any person who operates a private patrol service.

"Private patrol service" means any business which purports to furnish or does furnish any private police officer, or guard to patrol any territory, or to guard or watch property of another person, in the City of Oakland.

"Private security officer" means any individual who patrols any territory or grounds or who guards or watches property of another person or who acts to preserve the peace, within the City of Oakland, and who is employed by a person holding a private patrol operator's permit from the State of California or who themselves holds such a permit.

"Private guard" means any individual who patrols any territory or grounds or who watches the property of another or who acts to preserve the peace, within the City of Oakland, and who is employed for this purpose by a person other than a person who holds a private patrol operator's permit from the State of California. "Employed" for the purposes of this section means that the private security officer is a bona fide employee of the owner or operator of the property and is provided benefits, has records kept, and payroll deductions by the employer.

(Ord. No. 13699, § 2, 7-19-2022; Prior code § 5-11.01)

Each private patrol operator doing business within the city shall register with the Chief of Police of the Oakland Police Department before commencing business within the city. Private patrol operators already doing business within the city at the time of final passage of the ordinance codified in this chapter shall register with the Chief of Police within thirty (30) days after the effective date of the ordinance codified in this chapter. No fee shall be charged for registration.

Each private patrol operator shall file the following documents at the time of registration:

A.

A registration form, to be provided by the Chief of Police, which shall include the name, business address, and business telephone number of the private patrol service being registered; the name, residence address, and residence telephone number of the private patrol operator holding the license from the state of California for such private patrol service; the name, address, and telephone number of each establishment within the city served by the private patrol service; and the name, residence address, date of birth, and state guard registration card number of all persons employed as private security officers by the private patrol service; and

B.

Copies of both the private patrol operator's state of California identification card and private patrol operator's license issued by the state of California; and

C.

A copy of the private patrol service's city business license.

(Prior code § 5-11.02)

Each private patrol operator doing business within the city shall comply with the following local regulations:

A.

Each private patrol operator shall at all times hold a current valid license for such private patrol service for the state of California.

B.

Each private patrol operator shall at all times hold a current valid business license from the city.

C.

Each private security officer working as such within the city shall at all times be properly registered as a guard with the state of California.

D.

Each private patrol operator shall and will require each private security officer employed by the operator to aid, assist, and cooperate with the Oakland Police Department in the detention, apprehension, or investigation of persons suspected of violating the law.

E.

Each private patrol operator shall at all times have the business or personal residence identified in Section 5.52.020A connected with a telephone system operated by a public utility company in the city. Such

telephone system shall be constantly attended, on a twenty-four (24) hour basis, by a person who is able and competent to receive and transmit telephone calls.

F.

Each private patrol operator shall submit to the Chief of Police on a quarterly basis a report showing the name, address, and telephone number of each establishment with the city served by the operator, and the name, residence address, date of birth, and state guard registration card number of all private security officers employed by the operator. This report is to be used for the sole purpose of enforcing this chapter. It shall be deemed to be confidential, and no access shall be allowed to any person having an interest in a guard company.

G.

In addition to the State-required guard card, each private security officer must, while working, have in their possession another governmentally issued identification card with a current photograph, name, date of birth, and physical description. In the event that the private security officer has no such governmental card, the private patrol operator shall supply them with an identification card incorporating the employee's current photograph, name, date of birth, and physical description, and shall require each such employee to carry such card on their person while performing their duties.

H.

Each private patrol operator shall ensure that uniforms worn by and equipment used by their employees identify the private patrol service by whom they are employed. Such uniforms shall conform to the requirements of Section 5.28.080. If a badge is to be worn, it shall conform to the requirements of Section 5.52.090.

(Ord. No. 13699, § 3, 7-19-2022; Prior code § 5-11.03)

It is unlawful for any person to act as a private guard, or for any person to employ another as a private guard, unless such person holds an unrevoked private guard's permit issued by the Chief of Police, as provided in this Chapter. The application for a private guard's permit shall be made in the manner and form provided in Section 5.52.050, and shall be signed by the person to whom the permit is to be issued. Such application shall be endorsed thereon with the written approval thereof of the employer of the applicant, with the employer's request that such permit be granted. The permit, if granted, shall state the name of the employer of such private guard and the address where such private guard's services are to be rendered. The permit may be revoked in the manner and for any of the reasons provided in Section 5.52.070, and shall be automatically revoked upon the termination of the employment of the holder thereof with the employer whose name is set forth in such permit.

(Ord. No. 13699, § 3, 7-19-2022; Prior code § 5-11.04)

Editor's note— Ord. No. 13699, § 3, adopted July 19, 2022, amended the title of § 5.52.040 to read as herein set out. The former § 5.52.040 title pertained to private watchman permit—application, issuance, and revocation.

Application for the private guard's permit provided for in Section 5.52.040 shall be made under penalty of perjury by the person to whom the permit is to be issued on a form to be supplied by the Police Department. The application shall provide the following information:

A.

The full name and residence address of the applicant;

B.

The applicant's business or occupation for the previous five (5) years, including the name and address of each employer, the dates of each commencement and termination of employment, and the nature of the services performed;

C.

Whether the applicant has ever been convicted of a crime; if so, then full details of each conviction shall be stated;

D.

Whether the applicant is able to read, write, speak, and understand the English language;

E.

Such other information as the Chief of Police may require.

The applicant shall be photographed and fingerprinted by the Police Department at the time application is made. A nonrefundable fee as established by the Master Fee Schedule of the City shall be collected at the time application is made.

(Ord. No. 13699, § 3, 7-19-2022; Prior code § 5-11.05)

Editor's note— Ord. No. 13699, § 3, adopted July 19, 2022, amended the title of § 5.52.050 to read as herein set out. The former § 5.52.050 title pertained to content of application for private watchman's permit.

Upon receipt of an application for a private guard's permit pursuant to this Chapter, the Chief of Police shall investigate both the truthfulness of the facts set forth in the application and the moral fitness and reputation, character, integrity, and competence of the applicant. If, upon completion of such investigation, it is determined that the statements in the application are true and that the applicant is qualified and fit to act as a private guard, the Chief of Police shall issue the permit to the applicant. If, after investigation, it is determined that the permit shall be denied, the Chief of Police shall state the reasons for such denial to the applicant in writing.

(Ord. No. 13699, § 3, 7-19-2022; Prior code § 5-11.06)

Editor's note— Ord. No. 13699, § 3, adopted July 19, 2022, amended the title of § 5.52.060 to read as herein set out. The former § 5.52.060 title pertained to grant or denial of private watchman's permit.

Any permit granted pursuant to this Chapter for a private guard may be revoked by the Chief of Police at any time, for any reason for which such permit might lawfully be denied; for conviction of a violation of any provision of this Chapter or of any local, State, or Federal law or regulation; or for any other good cause. Such revocation may be made only after the opportunity for a hearing before the Chief of Police has been provided to the private guard in accordance with the provisions of Section 5.02.080.

(Ord. No. 13699, § 3, 7-19-2022; Prior code § 5-11.07)

Editor's note— Ord. No. 13699, § 3, adopted July 19, 2022, amended the title of § 5.52.070 to read as herein set out. The former § 5.52.070 title pertained to revocation of private watchman's permit.

A.

Each private patrol service shall adopt a distinctive and characteristic uniform, and all private security officers employed by such service shall wear such uniform at all times while engaged in the performance of their duties.

B.

Any uniform proposed to be adopted by a private patrol service, pursuant to subsection A of this section, and any uniform proposed to be worn by any private watchman, shall be approved by the Chief of Police before such uniform may be adopted or worn. To be approved, a proposed uniform must conform to the restrictions of subsection C of this section.

C.

It is unlawful for any person to wear, or to cause or permit to be worn, any uniform which is similar in design to any uniform used by the Oakland Police or Fire Departments. A uniform shall be considered to be similar in design to a uniform used by the Oakland Police or Fire Departments if it so resembles such official uniform as to cause an ordinary reasonable person to believe that the person wearing the uniform is a member of the Oakland Police or Fire Departments.

D.

The provisions of this Section shall not apply to any uniform being worn by any private guard or private security officer at the time of adoption of this Section as amended, but by any replacement of such uniform must conform in every respect with all of the provisions of this Section.

(Ord. No. 13699, § 3, 7-19-2022; Prior code § 5-11.08)

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 Oakland Police or Fire Departments, and no badge or insignia of any design shall be worn, displayed, or used in any manner unless the same has first been approved by the Chief of Police. Any badge or insignia worn by a private guard or by a private security officer shall have imprinted thereon, in letters of a size approved by the Chief of Police, the name of the employer of the private guard, or the name of the private patrol service by whom the private security officer is employed, as the case may be. In addition to such name, there may be imprinted thereon words such as "private security officer," "private guard," or "guard."

(Ord. No. 13699, § 3, 7-19-2022; Prior code § 5-11.09)

It is unlawful for any person to make or manufacture or sell any badge of a like or similar design to that used by the Oakland Police Department or Oakland Fire Department, or to make or manufacture or sell any badge to be used by a private security officer or private guard, except with the written approval of the Chief of Police.

(Ord. No. 13699, § 3, 7-19-2022; Prior code § 5-11.10)

The Chief of Police is authorized, empowered, and directed to file or to cause to be filed with the Bureau of Consumers Affairs of the State of California a complaint against any private patrol operator or private patrol service or any person employed as a private security officer by a private patrol operator or private patrol service, whenever they believe good cause exists therefor. A copy of each such complaint filed shall be furnished to the private patrol operator involved.

(Ord. No. 13699, § 3, 7-19-2022; Prior code § 5-11.11)

Nothing in this chapter shall be construed to permit any person to act as a private patrol operator or to operate a private patrol service within the city unless such person shall first pay any license tax or fee that may be required by Chapter 5.04 or by other ordinance of the city. Nothing herein shall be construed as a waiver of any such license or fee.

(Prior code § 5-11.12)

Violation of any provision of this chapter shall be a misdemeanor and shall be punished as provided in Section 1.28.010 of this code.

(Prior code § 5-11.13)