Paso Robles Municipal Code Ch. 5.28 Private Patrol

A. PRIVATE PATROL SYSTEM. For the purposes of this chapter, a PRIVATE PATROL SYSTEM is hereby defined as any business which purports to furnish or does furnish any private policeman, watchman, or guard to patrol any territory, or to guard or watch property of another person, in the City of El Paso de Robles.

B. PRIVATE PATROL WATCHMAN. For the purposes of this chapter, a PRIVATE PATROL WATCHMAN is hereby defined as any individual who patrols any territory, or guards or watches property of another person, within said city, and who is employed by a person holding a private patrol system permit or who himself holds a permit to operate a private patrol system, and who holds a permit as required by this chapter.

C. PERSON. For the purposes of this chapter, the word PERSON shall be held and construed to mean and include natural persons of either sex, firms, associations, co-partnerships and corporations. The singular shall include the plural and the masculine shall include the feminine.

(Ord. 165 N.S. § 1, 1951)

It shall be unlawful for any person, firm or corporation, either as principal, agent, employee or otherwise, to engage in the business of watching or patrolling for compensation two or more business establishments or residential or other premises within the city, without first having obtained a permit as herein provided.

(Ord. 165 N.S. § 2,1951)

Any person, firm or corporation desiring to obtain a permit to operate a private patrol system shall make application therefor to the city council. The application shall be verified under oath and shall set forth:

The name, age, business address, residence and citizenship of the applicant if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business, and the names of its principal officers, together with their respective addresses; or if a partnership, association, or unincorporated company, the names of the partners, or the persons comprising the association or company, with the place of business and residence of each such partner or person. Said application shall also give the past experience of the applicant in the matter to which the permit applies and the name, address and past experience of the person to be in charge of the business and shall be accompanied by the fingerprints of the applicant or if the applicant be a partnership, the fingerprints of all of the officers of said firm or corporation.

(Ord. 165 N.S. § 3 (part), 1951)

Immediately upon receiving such application, the chief of police of said city shall make an investigation of the applicant and shall report the results of said investigation to the city council.

(Ord. 165 N.S. § 3 (part), 1951)

The city council shall deny said application if it shall appear to its satisfaction that the applicant or its partners or principal officers have been convicted of a felony, have been convicted of a violation of any narcotic law or any penal law involving moral turpitude. Further, the city council may deny the granting of any such permit, if in its sole discretion, it determines there is insufficient public need or demand for the services of a private watch or patrol service.

(Ord. 165 N.S. § 3 (part), 1951)

Should the city council grant a permit to applicant to engage in the business or occupation of a private patrol system, it shall do so upon the condition that applicant, before engaging in such business, shall deposit with the city clerk a good and sufficient bond in the amount of five thousand dollars as a guarantee that applicant will faithfully perform each and all of its duties to the customers, patrons or subscribers of applicant and to the general public, said bond to inure to the benefit of the city and of any person injured in person or property by licensee or by any of the agents or employees of licensee; provided, however, that only one such bond need be filed where such bond is made to cover the activities of the agents or employees of the applicant.

(Ord. 165 N.S. § 3 (part), 1951)

That a license fee of forty-eight dollars per year shall be charged each licensee, which license fee shall be due and payable to the city clerk annually in advance, and shall be payable by each person, firm or corporation from whom a permit is required under the provisions of this chapter; provided, however, that nothing herein contained shall be construed as requiring any license fee from any agent or employee of any person, firm, or corporation duly licensed and bonded under this chapter.

(Ord. 415 N.S. § 8, 1978; Ord. 414 N.S. § 8, 1978; Ord. 165 N.S. § 4, 1951)

The city council retains the right to revoke, for any cause which said city council deems adequate, any permit before the expiration of same.

(Ord. 165 N.S. § 5, 1951)

That all permits granted shall be for one year only, subject to prior revocation by the city council, and shall be renewable at the expiration of same subject to the same condition.

(Ord. 165 N.S. § 6, 1951)

It shall be unlawful for any person to be employed as a private watchman or private patrolman by any licensed private patrol system in the City of El Paso de Robles unless said individual has obtained a permit from the chief of police of said city. The application of such private watchman or patrolman shall be made to the chief of police of said city and shall be in writing under oath. Such application shall set forth the name, age and address of applicant, his past experience as a private watchman or patrolman, the names and addresses of his employers during the preceding five years; said application shall be accompanied by applicant's fingerprints. The chief of police shall forthwith make an investigation of said applicant as a private watchman or patrolman. Said application may be denied upon substantial evidence of moral deficiencies of said applicant which in the sound discretion of the chief of police would render said applicant incompetent to act as a private watchman or private patrolman.

(Ord. 165 § 7, 1951)

A. AUTHORITY. The chief of police shall have the power to revoke or suspend any permit for any private watchman or private patrolman should he be found guilty of a violation of any of the provisions of this chapter, or otherwise, if in the sound discretion of the chief of police, applicant is not a competent person to act as a private watchman or private patrolman.

B. NOTICE. In the event of such revocation or suspension, written notice shall be given to such private watchman or private patrolman and a time for hearing shall be set before the city council. Said notice shall be delivered by United States Mail, addressed to said licensee at the address contained in said application at least ten days prior to said hearing. At said hearing said licensee shall appear and show cause why his permit as private watchman or patrolman shall not be revoked or suspended, and the City Council shall thereupon have power over all issues relating to the revocation or suspension of said permit.

(Ord. 165 N.S. § 8, 1951)

It shall be unlawful for any person, firm or corporation to carry on the business of a private watch or private patrol system within the city without first securing the license as herein provided in this chapter and it shall further be unlawful for any individual to act as a private watchman or patrolman either as an employee or agent of the licensee, without securing an individual permit.

(Ord. 165 N.S. § 9, 1951)

That any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the city jail or in the county jail of San Luis Obispo County, California, as the committee magistrate may direct for a period of not more than ninety days, or by both such fine and imprisonment in the discretion of the court. Such person, firm or corporation shall be guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided in this chapter.

(Ord. 165 N.S. § 10, 1951)