San Rafael Municipal Code Ch. 10.80 Private Patrols

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. 1039 § 1 (part), 1971).

For the purpose of this chapter "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. 1039 § 1 (part), 1971).

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

(1) The true name and address of the applicant and of all persons financially interested in the operation of the private patrol business;

(2) The date, place of birth, and citizenship of all such persons;

(3) The past criminal record, if any, of all such persons;

(4) The fingerprints of all such persons;

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

(6) The approximate number of customers to be provided private patrol service by such persons;

(7) The number and description of motor vehicles proposed to be used therefor by such persons;

(8) Such other information as may be deemed relevant by the chief of police or city manager.

Upon receipt of an application, the chief of police 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 chief of police shall then transfer the application to the city council together with his recommendations as to whether or not it should be granted.

(Ord. 1201 § 1 (part), 1975; Ord. 1039 § 1 (part), 1971).

The city 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. 1039 § 1 (part), 1971).

The city manager or the chief of police or any other designee of the city manager shall hear and pass upon the application at the time appointed for the hearing. The hearing officer may deny the application if he 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 hearing officer 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 hearing officer in this respect.

If the city council grants the application, the chief of police 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 chief of police 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 chief of police 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 permit, may appeal to the city council in the same manner and receive a hearing thereon in accordance with the same procedure hereinafter prescribed in Sections 10.80.090 and 10.80.100.

(Ord. 1201 § 1 (part), 1975: Ord. 1039 § 1 (part), 1971).

All employees of any permittee receiving a permit as provided in this chapter shall register with the chief of police 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. 1039 § 1 (part), 1971).

A fee for background investigation of private patrol employees shall be set by resolution of the San Rafael city council.

(Ord. 1235 § 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 city council in granting the application for such permit.

(Ord. 1039 § 1 (part), 1971).

(1) Titles. No person shall in connection with the operation of a private patrol business use any title or designation whatever calculated to indicate an official connection with the police department of the city, with the sheriff's office of the county, or with any police force of any other government or governmental agency.

(2) 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 police department of the city, or the 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 police department of the city, or the sheriff's office of the county within the scope of any real or purported duty thereof.

(3) 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 police department of the city, 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.

(4) 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 police officers of the city, which badges and uniforms shall in no way resemble those of regular or special police officers within the city, and the chief of police shall have the right in his discretion to have such private patrol officers deputized for the sole purpose of carrying firearms. The chief of police 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. 1039 § 1 (part), 1971).

The chief of police shall revoke any permit issued according to the provisions of 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 chief of police, an appeal may be taken to the city 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 chief of police by the permittee. The clerk of the city 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.

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 chief of police or his representative shall attend the hearing. Upon conclusion of such hearing, the city council shall sustain or overrule by majority vote the decision of the chief of police.

(Ord. 1039 § 1 (part), 1971).

Appeals to the city council from any denial by the city manager shall be in the manner and within the time set forth in Chapter 15.56.

(Ord. 1201 § 2, 1975).