San Mateo County Municipal Code Ch. 5.100 Private Patrols

It shall be 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 County of San Mateo, without first having obtained a permit so to do as hereinafter provided.

(Prior code § 5620.0; Ord. 1472, 08/08/61)

For the purpose of this chapter the term "Private Patrol" shall mean 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.

(Prior code § 5620.1; Ord. 1472, 08/08/61)

Every person requiring a permit as provided in this chapter shall make a written Application therefor to the Sheriff on Application forms provided therefor by said Sheriff. 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 County of San Mateo, 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; and

(h) Such other information as may be deemed relevant by the Sheriff.

Upon receipt of an Application, the Sheriff 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 County of San Mateo, or portion thereof, within which the private patrol service is proposed to be conducted.

(Prior code § 5620.2; Ord. 1472, 08/08/61; Ord. 2646, 05/13/80)

The Sheriff shall grant or deny the Application. The Sheriff may deny the Application if found 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 Sheriff 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 Sheriff in this respect.

If the Application is granted, the Sheriff shall, after registration by the Applicant, issue to the Applicant a permit to operate a private patrol business within the County, shall designate therein the portion or portions of the territory of the County 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 Sheriff may also, from time to time, either enlarge or restrict the portion or portions of the territory of the County within which such business may be carried on to prevent a duplication of private patrol services, or to prevent interference with public police protection.

(Prior code § 5620.3; Ord. 1472, 08/08/61; Ord. 2646, 05/13/80)

Any Applicant or permittee dissatisfied at any time with the decision of the Sheriff with respect to the denial of a permit or to the portion or portions of territory of the County 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 Board of Supervisors in the same manner and receive a hearing thereon in accordance with the same procedure hereinafter prescribed in Section 5.100.090 of this chapter.

(Prior code § 5620.4; Ord. 1472, 08/08/61; Ord. 2646, 05/13/80)

All employees of any permittee receiving a permit as provided in this chapter shall register with the Sheriff and shall be finger-printed 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.

(Prior code § 5620.5; Ord. 1472, 08/08/61)

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 permit pursuant to this chapter and no permittee or transferee of a permit shall operate a private patrol business within the territory of the County of San Mateo other than that designated by the Board of Supervisors in granting the Application for such permit.

(Prior code § 5620.6; Ord. 1472, 08/08/61)

(a) Titles. No person shall in connection with the operation of a private patrol business use the title "Sheriff", "Under Sheriff", "Deputy Sheriff", or any other title or designation whatever calculated to indicate an official connection with the Sheriff's Office of the County of San Mateo, or with the police force of any other government or governmental agency.

(b) Operations. 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 Sheriff's Office of the County of San Mateo 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 Sheriff's Office of the County within the scope of any real or purported duty thereof.

(c) Collections. 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 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.

(d) Badges of Private Patrol Officers. All private patrol officers shall wear such badges and uniforms and shall carry such identification cards as shall be approved by the Sheriff of the County, which badges and uniforms shall in no way resemble those of regular or special Deputy Sheriffs within the County and the Sheriff shall have the right in his discretion to have such private patrol officers deputized for the sole purpose of carrying firearms. The Sheriff 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.

(Prior code § 5620.7; Ord. 1472, 08/08/61)

The Sheriff shall revoke any permit issued hereunder 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 Sheriff an appeal may be taken, to the Board of Supervisors within thirty (30) days after the date of said denial or revocation. If such an appeal is taken it shall be by written notice of appeal, filed with the Clerk of the Board of Supervisors and served upon the Sheriff by the permittee. The Board of Supervisors shall set a day for hearing the said appeal and shall designate the time and place where such hearing is to be held. A notice of said hearing shall be given the said permittee by the Clerk of the said Board of Supervisors by mailing the same to the last known address of said Applicant or permittee not less than five (5) days prior to the date set for said hearing.

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 Sheriff, or his representative, shall attend the hearing. Upon conclusion of such hearing, the Board of Supervisors shall sustain or overrule, by majority vote, the decision of the Sheriff.

(Prior code § 5620.8; Ord. 1472, 08/08/61)