Portola Valley Municipal Code Ch. 5.44 Private Patrols

For the purpose of this chapter the term "private patrol" means street patrol or street patrol service to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation, or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers, or property of any kind.

(Ord. 1976-150 Art. 1 § 2, 1976)

It is unlawful for any person, either for himself or for any other person, firm or corporation, to manage, conduct or carry on the business of a private patrol in the city, without first having obtained a permit so to do as provided in this chapter.

(Ord. 1976-150 Art. 1 § 1, 1976)

Every person requiring a permit as provided in this chapter shall make written application therefor to the police chief of the city. The application shall be verified and shall contain the following information:

A. The true name and address of the applicant and of all persons financially interested in the operation of the private patrol business;

B. The date, place of birth, and citizenship of all such persons;

C. The past criminal record, if any, of all such persons;

D. The fingerprints of all such persons;

E. The territory of the city, or the portion thereof, in which such persons propose to provide private patrol service;

F. The approximate number of customers to be provided private patrol service by such persons;

G. The number and description of motor vehicles proposed to be used therefor by such persons;

H. Such other information as may be deemed relevant by the police chief or by the council.

(Ord. 1976-150 Art. 1 § 3 (part), 1976)

There shall be a permit application and registration fee in the sum of fifty dollars payable at the time of application for permit to the town for the processing of the application and the registration of employees provided in this chapter.

(Ord. 1976-150 Art. 1 § 10, 1976)

Upon receipt of an application, the police chief shall conduct such investigation as he may deem necessary and proper as to the character and morals of the applicant and persons financially interested in the private patrol service for which a permit is sought, and as to the proposed territory of the city, or portion thereof, within which the private patrol service is proposed to be conducted. The police chief shall then transfer the application to the council, together with his recommendation as to whether or not it should be granted.

(Ord. 1976-150 Art. 1 § 3 (part), 1976)

The clerk shall give, or cause to be given, written notice of the filing and hearing of the application to the applicant at least ten days before the hearing.

(Ord. 1976-150 Art. 1 § 4, 1976)

The council shall hear and pass upon the application at the time appointed for the hearing or at any time to which the hearing thereof shall be adjourned. The council may deny the application if it finds that the applicant or any person financially interested in the operation of the private patrol business is a person of bad moral character and for this purpose the council may consider any facts or evidence bearing on the moral fitness and reputation of those who will be in charge of such private patrol, and any other facts or evidence tending to enlighten the council in this respect.

(Ord. 1976-150 Art. 1 § 5 (part), 1976)

If the council grants the application the police chief shall, after registration by the applicant, issue to the applicant a permit to operate a private patrol business within the city, shall designate therein the portion or portions of the territory of the city within which such business may be carried on, and shall specify therein such other reasonable additional requirements imposed upon applicant as are necessary to meet local needs and are not inconsistent with the provisions of the Private Investigator and Adjuster Act; provided, however, that no such permit shall be issued to any person who is not licensed under the provisions of said Act. The police chief may also, from time to time, either enlarge or restrict the portion or portions of the territory of the city within which such business may be carried on to prevent a duplication of private patrol services, or to prevent interference with public police protection. Any applicant or permittee dissatisfied at any time with the decision of the police chief with respect to the portion or portions of territory of the city designated by him for the carrying on of such private patrol business, or with any of the terms and conditions of the permit, may appeal to the council in the same manner and receive a hearing thereon in accordance with the same procedure prescribed in Sections 5.44.150 and 5.44.160.

(Ord. 1976-150 Art. 1 § 5 (part), 1976)

All employees of any permittee receiving a permit as provided in this chapter shall register with the police chief and shall be fingerprinted at the time of such registration. No person of bad moral character shall be permitted by any permittee to perform any services pertaining to private patrol service.

(Ord. 1976-150 Art. 1 § 6, 1976)

No permit granted under the provisions of this chapter shall be transferable except to a person having the qualifications required for the issuance of such a permit pursuant to this chapter and no permittee or transferee of a permit shall operate a private patrol business within the territory of the city other than that designated by the council in granting the application for such permit.

(Ord. 1976-150 Art. 1 § 7, 1976)

No person shall in connection with the operation of a private patrol business use the title "policeman", "police chief", "sheriff", "under sheriff", "deputy sheriff", or any other title or designation whatever calculated to indicate an official connection with the police force of the town, sheriff's office of the county, or with the police force of any other government or governmental agency.

(Ord. 1976-150 Art. 1 § 8 (a), 1976)

No person shall in connection with the operation of a private patrol business represent himself, or falsely represent another, to be a member of the town police force, sheriff's office of the county or use any sign, word, language or device calculated to induce a false or mistaken belief that he is acting or purporting to act on behalf of the town police force or the sheriff's office of the county within the scope of any real or purported duty thereof.

(Ord. 1976-150 Art. 1 § 8 (b), 1976)

No person shall in connection with the operation of a private patrol business use any sign, badge, title or designation, or make any express or implied representation, calculated to induce the belief that he is a member of the town police force or the sheriff's office of the county, or connected therewith in any way, in connection with any activity directed toward the collection of any money or debt, or the repossession, recovering, or taking of anything of value, or for any purpose of private gain whatsoever.

(Ord. 1976-150 Art. 1 § 8 (c), 1976)

All private patrol officers shall wear such badges and uniforms and shall carry such identification cards as shall be approved by the police chief of the city, which badges and uniforms shall in no way resemble those of regular or special police or deputy sheriffs within the county, and the police chief shall have the right in his discretion to have such private patrol officers deputized for the sole purpose of carrying firearms. The police chief shall keep a register of all such private patrol officers, and shall make and enforce such rules and regulations regarding their conduct and operation as he may deem advisable.

(Ord. 1976-150 Art. 1 § 8 (d), 1976)

The police chief shall revoke any permit issued under this chapter when in his opinion the permittee is violating any of the provisions of this chapter or of the Private Investigator and Adjuster Act. In the event that any such permit is revoked by the police chief an appeal may be taken to the council within thirty days after the date of the denial or revocation. If such an appeal is taken it shall be by written notice of appeal, filed with the city clerk and served upon the police chief by the permittee. The council shall set a day for hearing the appeal and shall designate the time and place where such hearing is to be held. A notice of the hearing shall be given the permittee by the city clerk by mailing the same to the last known address of the applicant or permittee not less than five days prior to the date set for the hearing.

(Ord. 1976-150 Art. 1 § 9 (part), 1976)

At any such hearing the permittee shall be given the opportunity to be heard and/or defend himself, and may call witnesses and present evidence in his behalf. The police chief, or his representative, shall attend the hearing. Upon conclusion of such hearing the council shall sustain or overrule, by majority vote, the decision of the police chief.

(Ord. 1976-150 Art. 1 § 9 (part), 1976)

Any person violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to any officer or employee of this city any material fact in procuring the license or permit provided for in this chapter shall be deemed 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 for a period of not more than six months, or by both such fine and imprisonment.

(Ord. 1976-150 Art. 2 § 1, 1976)