Ontario Municipal Code Art. 6 Private Patrol Systems

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a) “Patrol system” shall mean any private service or private system which purports to furnish, or does furnish, to members or subscribers any watchman or guard, either uniformed or otherwise, to patrol any part of the territory of the City, or to guard or watch any property, including guarding against theft or fire, or both, or to perform any service usually and customarily performed by the police force of the City.

“Patrol system” shall not include the guarding of the property of a single owner, while such property is not open to the public, by one or more individuals whose entire salary or wage is paid by such owner, irrespective of whether such salary or wage is paid directly to the individuals performing such guard duty or to another, nor to service of any nature performed by an employee whose main or principal duty is not that of guarding or protecting property.

(b) “Street patrol service” shall mean the active patrol, regardless whether on foot or by vehicle, of a public area, street or thoroughfare in the service of multiple customers.

(c) “Street patrolman” shall mean an individual engaged in street patrol services as the owner, member or employee of a patrol system.

(d) “Private post security guard” shall mean an individual engaged in the act of guarding property as the owner, member or employee of a patrol system, whose duties are restricted to a single location or private business and whose duties do not include street patrol service.

(e) “Unregistered guard” shall mean an individual engaged in the act of guarding property as the owner, member or employee of a patrol system who does not possess a valid State registration as provided in Chapter 11.5 of Division 3 of the Business and Professions Code of the State (commencing with Cal. Bus. & Prof. Code § 7580 - the “Private Security Services Act”).

(f) “Private security personnel” shall mean owners, members and employees of a patrol system, including but not limited to unregistered guards, street patrolmen and private post security guards.

(§§ 1 through 3, Ord. 1293, eff. March 6, 1958, as amended by § 1, Ord. 2672, eff. September 17, 1998)

(a) Required. Every person conducting a patrol system for which any owner, member or employee is an unregistered guard, and every person conducting a patrol system that furnishes street patrol service, shall first procure a City permit, in addition to any State license required.

(b) Registration. Every person conducting a patrol system for which any owner, member or employee is a private post security guard shall first register such private post security guards with the City by providing the name of each such person and a copy of each such person's valid State registration, and shall keep such registration current by informing the City Clerk within five (5) business days of any changes, additions or deletions thereto.

(§ 4, Ord. 1293, eff. March 6, 1958, as amended by § 2, Ord. 2672, eff. September 17, 1998)

Any person required to procure a City permit under this Article shall file a verified application with the Police Chief, accompanied by the required fee. Such application shall contain the following:

(a) The name and address of the applicant;

(b) If the applicant is a partnership, the name and address of all partners;

(c) If the applicant is a corporation, the names and addresses of the corporate officers and manager and a certified copy of the resolution authorizing such application;

(d) The district or territory proposed to be served by the patrol system;

(e) A description of the methods of operation;

(f) The names and addresses of all unregistered guards and street patrolmen who are, or will be, owners, officers, or employees of the applicant;

(g) A statement of the offenses, if any, of which any person set forth in subsection (a), (b), or (c) of this section has been convicted, and of the time, place, and circumstances thereof; and

(h) Such other information as either the Council, Police Chief or his designee may require.

(§§ 5 and 6, Ord. 1293, eff. March 6, 1958, as amended by §§ 3 and 4, Ord. 2672, eff. September 17, 1998)

Every application for a permit to conduct a private patrol system shall include evidence on the part of the applicant that such applicant has complied with the requirements of Chapter 11.5 of Division 3 of the Business and Professions Code of the State (commencing with Cal. Bus. & Prof. Code § 7580 - the “Private Security Services Act”).

(§ 7, Ord. 1293, eff. March 6, 1958, as amended by § 5, Ord. 2672, eff. September 17, 1998)

Upon the receipt of an application for a permit to conduct a patrol system, the Police Chief or his designee shall investigate the character, fitness, and qualifications of every person whose name appears on such application. The Police Chief shall transmit such application to the Council, together with his recommendation that the permit be granted or denied, and his reasons therefor. He shall also inform the Council what persons, in his opinion, should be permitted to act as unregistered guards, what persons should be permitted to act as street patrolmen, and in what territory the applicant shall be allowed to operate a street patrol service, together with his reasons therefor.

(§ 8, Ord. 1293, eff. March 6, 1958, as amended by § 6, Ord. 2672, eff. September 17, 1998)

(a) Granting or denial: Notices. Upon the receipt of an application for a permit to conduct a patrol system, the Council shall either grant the same to the full extent requested or it shall notify the applicant that it intends to deny the application or to grant the application but permit operations in only a portion of the territory or by only a part of the street patrolmen or unregistered guards, or both, applied for.

(b) Hearings: Requests. Within five (5) days of such notification, the applicant may demand a public hearing. If he does not do so, he shall be deemed to have consented to such denial or granting of the permit.

(c) Hearings: Notices. Within twenty (20) days after an applicant for a permit to conduct a patrol system files with the Council a demand for a public hearing, the Council shall hold a public hearing, either before itself or a referee, and shall serve notices of the time and place of the hearing upon the Police Chief or his designee, the applicant, and every person named in the application as street patrolmen or unregistered guards whom the Council intends not to allow to act as such.

(d) Hearings: Council action. The Council shall inform the Police Chief or his designee and the City Clerk of its final action on each application for a permit to conduct a patrol system.

(§§ 9 through 11, Ord. 1293, eff. March 6, 1958, as amended by § 7, Ord. 2672, eff. September 17, 1998)

Every person conducting a street patrol service and every person employing unregistered guards shall pay a permit fee in the amount of Fifty Dollars ($50.00) per year, plus Five Dollars ($5.00) per year for each street patrolman and each unregistered guard.

(§ 4, Ord. 1293, eff. March 6, 1958, as amended by § 8, Ord. 2672, eff. September 17, 1998)

Every permit to conduct street patrol services shall contain, among other things, an accurate description of the area in which operations shall be permitted and the names of all street patrolmen permitted to such permittee.

(§ 12, Ord. 1293, eff. March 6, 1958, as amended by § 9, Ord. 2672, eff. September 17, 1998)

(a) Applications: Granting or denial. The Council shall grant or deny applications to modify existing patrol system permits in the same manner as in the case of original applications.

(b) Decreases in personnel. The permittee of a patrol system shall so inform the Police Chief or his designee within five (5) days after any street patrolman or unregistered guard no longer is an owner, member, or employee of such permittee, and the permittee shall return the permit and badge of such street patrolman or unregistered guard. The Police Chief or his designee shall remove the street patrolman's or unregistered guard's name from the permit of such patrol system.

(c) Increases in personnel: Changes of territory. The permittee of a patrol system required to obtain a City permit may at any time file an application with the Police Chief either to change or increase his territory for street patrol operation, or to add street patrolmen or unregistered guards, or both.

(§§ 13 through 15, Ord. 1293, eff. March 6, 1958, as amended by §§ 10 and 11, Ord. 2672, eff. September 17, 1998)

The provisions of this article shall not limit the power of the Council to grant a permit to more than one patrol system to operate in the same area.

(§ 25, Ord. 1293, eff. March 6, 1958)

No patrol system permittee shall sell or offer to sell any transfer or relinquishment of the privilege to operate a patrol system in territory assigned to him.

(§ 20, Ord. 1293, eff. March 6, 1958)

(a) Police Chief approval. Each street patrolman shall wear a badge and a distinctive uniform approved by the Police Chief or his designee.

(b) Wearing. While engaged in his duties as such, a street patrolman shall at all times wear the badge and the distinctive uniform approved by the Police Chief or his designee and such street patrolman shall wear no other badges of any kind, character, or description except the badge issued to him by lawful governmental authority, nor shall he wear any other uniform of any kind.

(§§ 16 and 18, Ord. 1293, eff. March 6, 1958, as amended by §§ 1 and 3, Ord. 1306, eff. May 15, 1958, § 12, Ord. 2672, eff. September 17, 1998)

No person shall give, deliver, or sell to any private person any private security personnel badge or any badge of a design the same as, or so similar to, the private security personnel badge as to be mistaken therefor.

No person shall purchase or receive as a gift, pawn, or pledge any private security personnel badge.

(§§ 21 and 22, Ord. 1293, eff. March 6, 1958, as amended by § 13, Ord. 2672, eff. September 17, 1998)

No private security personnel shall wear any uniform which is in imitation of, or can be mistaken for, an official sheriff's uniform or an official police uniform of the police force of any city within the County or an official uniform of any State officer.

(§ 23, Ord. 1293, eff. March 6, 1958, as amended by § 14, Ord. 2672, eff. September 17, 1998)

Except as otherwise authorized by law, the Police Chief shall specify the police equipment, including weapons, which private security personnel may wear while on duty. No private security personnel shall wear any equipment or weapon or carry any weapon not so defined or otherwise authorized by law.

(§ 26, Ord. 1293, eff. March 6, 1958, as amended by § 15, Ord. 2672, eff. September 17, 1998)

The operator of a patrol system shall neither employ or utilize the services in any way of a street patrolman or unregistered guard whose name is not on the permit of such operator.

(§ 19, Ord. 1293, eff. March 6, 1958, as amended by § 16, Ord. 2672, eff. September 17, 1998)

No private security personnel shall, either by himself or through the actions of another, harass, annoy, or commit a nuisance against, or injure the property of, or unnecessarily enter or otherwise trespass upon the property of, any person whose property the patrol system of such private security personnel is not employed to protect.

(§ 24, Ord. 1293, eff. March 6, 1958, as amended by § 17, Ord. 2672, eff. September 17, 1998)

No private security personnel shall perform official police or investigative activities but shall immediately report every violation of law and unusual occurrence to the nearest sheriff or sheriff's substation. Such private security personnel shall make to such substation a full report of such violation or other occurrence without unnecessary delay.

(§ 27, Ord. 1293, eff. March 6, 1958, as amended by § 18, Ord. 2672, eff. September 17, 1998)

All complaints regarding the activities of patrol systems or of private security personnel employed by patrol systems shall be investigated by the Police Chief or his designee. Reports of such complaints shall be held in the files of the Police Chief or his designee and shall be subject to the inspection of the Council at all times.

(§ 28, Ord. 1293, eff. March 6, 1958, as amended by § 19, Ord. 2672, eff. September 17, 1998)

The Council may make rules and regulations governing Patrol systems and private security personnel, which rules and regulations are not inconsistent with the provisions of this article.

(§ 29, Ord. 1293, eff. March 6, 1958, as amended by § 20, Ord. 2672, eff. September 17, 1998)