Rialto Municipal Code Ch. 9.32 Private Patrol and Security Guard Regulations and Registration

Business and Professions Code Section 7583.38 provides that a city may regulate the uniforms and insignias worn by uniformed employees of a private patrol operator, and may regulate the vehicles used by a private patrol operator in order to make the uniforms and vehicles clearly distinguishable from the uniforms worn by, and the vehicles used by, local law enforcement officers. The intent of this chapter is to eliminate to the extent possible any public confusion between private security guards and law enforcement officers. This chapter is also intended to provide a registry of security service operators operating within the city limits of Rialto; and, the registration and identification of all persons licensed to act as security guards employed within the city limits; as provided by Business and Professions Code Section 7582.5.

(Ord. 1256 (part), 1996)

A. The city council finds that: Private patrol operators doing business in the city of Rialto permit employees to wear uniforms that are substantially similar to the uniforms worn by Rialto police officers, and other local law enforcement officers. Private patrol operators permit employees to operate vehicles that are substantially similar to law enforcement vehicles. Citizens have been confused by the similarity of dress and vehicles, and mistake private security guards to be law enforcement officers. Private security guards have been observed conducting investigations that are not incidental to the theft, loss, embezzlement, misappropriation, or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers, or property of any kind, which conduct is a violation of Business and Profession Code Section 7582.1(b).

B. The city council declares that the similarity of uniforms, vehicles, and conduct creates public confusion and misidentification of private security guards as law enforcement officers; and, further, that law enforcement officers suffer misidentification of private security guards for law enforcement officers which misidentification presents a significant threat to officer safety, to law enforcement operations, and to the public welfare. Further, so that the public safety, health and welfare is maintained, it is found necessary to have a registry of security guards to insure that each person employed as a guard is properly licensed, trained and registered with the state of California.

(Ord. 1256 (part), 1996)

A. Private patrol operator, security service operator, security guard service company, or operator of a private patrol service, other than an armored contract carrier, means any person, firm, corporation, partnership, association or organization, who, for any consideration whatsoever agrees to furnish, or furnishes, a watchman, guard, security guard, patrol person, street patrol person, security officer or other person 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; or performs the service of a watchman, guard, security guard, patrol person, security officer or other person, for any of these purposes.

B. Armored contract carrier means a contract carrier operating armored vehicles pursuant to California Highway Patrol and Public Utilities Commission authority.

C. Watchman, guard, security guard, patrol person, security officer, or any person with a similar designation, is an employee of a private patrol operator, or an employee of a lawful business or public agency who is not exempted pursuant to Business and Professions Code Section 7582.2, who performs the functions described in subsection A of this section on or about the premises owned or controlled by the customer of the private patrol operator or by the security guard's employer or in the company of persons being protected.

D. Street patrol person is a security guard or security officer who performs the functions described in subsection A of this section by foot patrol, motor patrol, bike patrol, or other means of transportation in public areas, streets or public thoroughfares.

E. As used in this chapter, "person" includes any individual, firm, company, association, organization, partnership, and corporation.

F. "Chief of police" means the chief of the Rialto police department ("RPD").

(Ord. 1256 (part), 1996)

A. Every private patrol operator, security service operator, security guard service company, or operator of a private patrol service operating within the city limits shall require that:

1. Every employee, while employed and working as a watchman, guard, security guard, patrol person, or street patrol person at any business, industrial, construction, or residential location, place, site, tract, jobsite, center or plaza located within the city limits, shall wear a uniform that is highly distinctive from the uniforms worn by the RPD, the San Bernardino County sheriff's department, and the California Highway Patrol and other local law enforcement officers, both as to color and style.

2. Any shirt or jacket worn by an employee may be of a color of yellow, white, red, orange, brown, light blue, purple, or green, which colors are not exclusive, or such other color as permitted by the chief of police, which shall otherwise conform to Business and Professions Code Sections 7582.27 and 7582.28, and not otherwise prohibited pursuant to subsection (2)(a) of this section. A shirt or jacket shall be worn at all times by employees while working within the city limits which shall clearly have placed on the back of said article of clothing in at least two inch by one-half inch contrasting letters any one or more of the following words or combination of words: "security," "event security," "store security," "security guard," "guard," or "private patrol."

a. The colors olive drab, navy blue, tan, black or gray are specifically prohibited from being worn as a shirt or jacket by any employee while employed and working as a watchman, guard, security guard, patrol person, or street patrol person within the city limits.

b. The uniform standards prescribed by this section shall not become mandatory until June 1, 1997.

(Ord. 1256 (part), 1996)

A. Penal Code Section 538d restricts the use of badges, insignias, emblems, devices, labels, certificates, cards or writings, of a police officer, with the intent of fraudulently personating a peace officer, or fraudulently inducing the belief that a person is a peace officer.

B. The wearing of any badge, insigne, emblem, device, label, certificate, card or writing, by an employee shall be of a type and style approved by the chief of police.

C. It shall be unlawful to for any employee to wear upon his or her uniform a badge, insigne, emblem, device, label, certificate, card or writing that has not been approved for wear by the chief of police.

(Ord. 1256 (part), 1996)

A. Every private patrol operator, security service operator, security guard service company, or operator of a private patrol service while operating within the city limits shall require that:

1. Every vehicle operated by a watchman, guard, security guard, patrol person, or street patrol person while working at any business, industrial, construction, or residential location, place, site, tract, jobsite, center or plaza, or on street patrol within the city limits shall contain letters of a contrasting color of at least three inches by three-fourths inch painted or decaled on the sides, top and back of said vehicle the words "private patrol," "private security patrol" or similar words to clearly make known that the vehicle is not an official law enforcement vehicle.

a. No vehicle shall be painted in black with white doors, or white with black doors or all black.

b. The standards prescribed by this section shall not become mandatory until June 1, 1997.

(Ord. 1256 (part), 1996)

No watchman, guard, security guard, patrol person, or street patrol person while working at any business, industrial, construction, or residential location, place, site, tract, jobsite, center or plaza, or on street patrol within the city limits shall perform official police or investigative activities but shall immediately report every violation of law observed to the RPD. The RPD may require that such watchman, guard, security guard, patrol person, or street patrol person make a full written report of such violation to it or such other law enforcement department as required.

(Ord. 1256 (part), 1996)

A. Every private patrol operator, security service operator, security guard service company, or operator of a private patrol service operating within the city limits shall between January 1 and January 31, 1997, and each year thereafter between January 1st and January 31st register the business with the RPD.

B. Every private patrol operator, security service operator, security guard service company, or operator of a private patrol service intending to provide security services within the city limits must obtain a city business license pursuant to Title 5, Chapter 5.04 of the Rialto Municipal Code. Unless otherwise provided pursuant to Section 9.32.060, any business must, within fifteen days of issuance of a business license, register the business and/or employees with the RPD as provided in Section 9.32.070 et seq.

1. Registration is accomplished by completing, subscribing, verifying and filing with the RPD a form supplied by the RPD containing the following required information:

a. Business name.

b. Business address and telephone number.

c. The true name of the responsible managing person, owner, or partner.

i. Complete residential address.

ii. California driver's license number.

d. The name under which the applicant intends to do business.

e. Proof of any insurance required by Division 3, Chapter 11.5 of the Government Code (Section 7580, et seq.).

f. The nature of services intended to be provided.

g. State license number.

h. A copy of any state identification card issued pursuant to Division 3, Chapter 11.5 of the Government Code (Section 7580, et seq.).

i. A copy of a business licensed issued by the city of Rialto, and

2. Upon receipt of the registration form the RPD shall conduct an investigation as to the character and morals of the responsible person, owner or partner. The registration shall be deemed final upon issuance to responsible person, owner or partner by the RPD of a "letter of registration."

3. No fee shall be charged for the registration.

4. Any person of bad moral character may be refused registration as permitted by Business and Professions Code Section 7582.5(a) and shall be notified thereof by the RPD.

a. Within five days of such notification, the applicant may demand an administrative hearing. If such person does not do so, that person be deemed to have consented to such denial.

b. Within twenty days after an applicant who has been refused registration and who demands an administrative hearing, a public hearing shall be conducted by the city administrator, or his or her designee, and notice of the date, time and place of such hearing shall be served by mail on the applicant, and the chief of police. At the conclusion of the administrative hearing and within ten days thereof, the city administrator shall give written notice by first-class mail of his or her decision to the applicant, and the chief of police. The decision of the city administrator shall be final on the date the notice of decision is mailed. Any appeal to the city administrator's decision shall be in accordance with Code of Civil Procedure Section 1094.6, and shall be brought within ninety days of the date of the decision becomes final.

C. Every private patrol operator, security service operator, security guard service company, or operator of a private patrol service operating within the city limits shall register each employee, or require each employee to register with the Rialto police department ("RPD") as provided in Section 9.32.070A or 9.32.070B.

1. Registration requires completing, subscribing, verifying and filing with the RPD a form supplied by the RPD containing the following required information:

a. True name and address, and driver's license number of the employee employed or to be employed as a watchman, guard, security guard, patrol person, security officer, or any person with a similar designation.

b. A copy of any state identification card issued pursuant to Division 3, Chapter 11.5 of the Government Code (Section 7580, et seq.); and

2. Upon receipt of the registration form the RPD shall conduct an investigation as to the character and morals of the employee. The registration shall be deemed final upon issuance to the employee by the RPD of a "letter of registration."

3. No fee shall be charged for the registration.

4. Any person of bad moral character may be refused registration as permitted by Business and Professions Code Section 7582.5(a) and shall be notified thereof by the RPD.

a. Within five days of such notification, the applicant may demand an administrative hearing. If he or she does not do so, he or she shall be deemed to have consented to such denial.

b. Within twenty days after an applicant who has been refused registration and who demands an administrative hearing, a public hearing shall be conducted by the city administrator, or his or her designee, and notice of the date, time and place of such hearing shall be served by mail on the applicant, the chief of police, and applicant's employer. At the conclusion of the administrative hearing and within ten days thereof, the city administrator shall give written notice by first-class mail of his or her decision to the applicant, the chief of police, and the applicant's employer. The decision of the city administrator shall be final on the date the notice of decision is mailed. Any appeal to the city administrator's decision shall be in accordance with Code of Civil Procedure Section 1094.6, and shall be brought within ninety days of the date that the decision becomes final.

5. No person shall be a watchman, guard, security guard, patrol person, or street patrol person while working at any business, industrial, construction, or residential location, place, site, tract, jobsite, center or plaza, or on street patrol within the city limits unless he or she is registered with the RPD and a "letter of registration" issued thereby for person.

(Ord. 1256 (part), 1996)

A. Any person violating any provision of this chapter is guilty of an infraction and, upon conviction thereof, is punishable by a fine of not less than two hundred fifty dollars or more than five hundred dollars.

B. Any person conspiring to violate any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, is punishable by a fine of not more than one thousand dollars, or imprisonment in the county jail for not more than six months, or both such fine and imprisonment. The city shall be reimbursed any booking fees or charges assessed by the county of San Bernardino.

C. Any person filing a false registration application shall be guilty of a misdemeanor and, upon conviction thereof, is punishable by a fine of not more than one thousand dollars, or imprisonment in the county jail for not more than six months, or both such free and imprisonment. The city shall be reimbursed any booking fees or charges assessed by the county of San Bernardino.

D. Every person violating the provisions of this chapter shall be deemed guilty of a separate offense for each day or portion thereof during which such violation continues, and shall be punishable therefor as provided in this section.

(Ord. 1256 (part), 1996)

If any provision of this chapter, or application thereof to any person or circumstances, is held invalid, the remainder of the chapter, or the application of such provisions to other persons or circumstances, shall not be affected thereby, and shall not affect the validity of the remaining provisions or applications of this chapter.

(Ord. 1256 (part), 1996)