Article 4-20

PRIVATE PATROLS

business license shall be issued unless and until the applicant has first obtained a valid permit under this Article.

Sections:

As used in this Article, the term "private patrol" means the business or occupation of night watchman, night watch service, private policeman or any other occupation, the purpose of which is to afford additional police or fire protection for hire or reward; provided, that a watchman or caretaker working for a single employer in a line of business other than defined in this Article shall not be subject to the provisions of this Article, and that a person primarily operating an armored car service for transporting money or other valuable personal property under guard shall not be subject to the provisions of this Article.

(a) No person shall engage in the business of operating a private patrol in the City without first obtaining a permit pursuant to this Article.

(b) Any person desiring to operate a private patrol for which a permit is required under the provisions of this Article shall also apply for and obtain a business license pursuant to Article 4-05 of this Chapter and pay the license fee specified in Section 4-05.100. No such

Notwithstanding the provisions of subsection 4-20.020(a), any person who holds a valid and effective permit issued by the County authorizing such person to conduct the business of a private patrol in the unincorporated territory of the County need not obtain a separate permit under this Article, and may conduct a private patrol in the City under and by virtue of such permit from the County for so long as the same remains in full force and effect.

(a) Application for a permit to operate a private patrol shall be made to the Community Development Director on such form as the Director may prescribe, which shall include the following data:

(1) The true name of the applicant.

(2) Where the applicant has resided and where the applicant has engaged in business for five years next preceding the date of application, the length of time at each address, the number of any telephone maintained by him and the character of such businesses. Such information shall also be furnished for each employee of the applicant who will be rendering private patrol services in the City.

(3) Copies of all licenses required by the State of California.

(4) A recent passport-type photo and fingerprints of the applicant.

(5) A full description of the services to be rendered by the applicant.

(6) Such other information and documents as the Community Director may require.

(b) The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council.

(c) Upon receipt of the application and other documents and the fee as required in subsections (a) and (b) of this Section, the Community Development Director shall conduct such investigation as the Director deemsappropriatetodeterminewhetherapermitshould be issued. In connection therewith, the Community Development Director shall forward a copy of the

(Saratoga Supp. No. 36, 5-15)

53

4-20.040

application to the County Sheriff, for determination as to background of the applicant and determination as to whether the applicant is properly trained and qualified to conduct a private patrol business and whether the applicant has ever been convicted of a felony or misdemeanor offense involving theft, dishonesty, violence or moral turpitude.

The County Sheriff shall indicate on the application that the proposed permit is either approved or disapproved or approved subject to specified conditions, and shall return the application to the Community Development Director.

(Ord. No. 322, § 1(Exh. 1.B.6), 11-19-2014)

Editor’s note— Ord. No. 322, § 1(Exh. 1.B.6), adopted Nov. 19, 2014, amended § 4-20.040 in its entirety to read as herein set out. Said section formerly pertained to application for permit; fee; investigation by Community Services Director.

the City's Risk Manager. Such insurance policy shall apply to and cover each and every vehicle to be operated in the City by the applicant in furtherance of the private patrol, and shall carry a ten-day cancellation provision endorsed thereon with notification to be made to the City if such should occur.

(Ord. No. 322, § 1(Exh. 1.B.6), 11-19-2014)

Provided the Community Development Director and the County Sheriff have approved the issuance of a permit, or the issuance thereof subject to conditions, and provided, further, that the applicant has posted with the Community Development Director the coverage required in Section 4-20.060 and the liability insurance required in Section 4-20.070, the Community Development Director shall issue a permit to the applicant. (Ord. No. 322, § 1(Exh. 1.B.6), 11-19-2014)

Prior to the employment of any person by a private patrol, such prospective employee shall himself make application to the Community Development Director and provide the same information as described in subsection 4-20.040(a). The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council. The application shall be investigated by the Community Development Director and shall be subject to approval in the same manner as provided in subsection 4-20.040(c).

Each private patrol permit shall expire at the end of one year. A permit may be renewed upon application to the Community Development Director, accompanied by payment of a renewal fee in such amount as established from time to time by resolution of the City Council. The Community Development Director shall renew the permit for a period not exceeding one year if the Director finds that all of the requirements of this Article have been satisfied by the permittee.

(Ord. No. 322, § 1(Exh. 1.B.6), 11-19-2014)

(Ord. No. 322, § 1(Exh. 1.B.6), 11-19-2014)

An applicant for a private patrol permit under this Article shall file coverage in the form of either a good and sufficient bond or an insurance policy in an amount and form approved by the City's Risk Manager and payable to the City and any other person, aggrieved or damaged by the breach of the conditions of such coverage. The coverage shall insure that the applicant will act in faithful conformance to statutes and ordinances and with the authorization granted in this Article. (Ord. No. 322, § 1(Exh. 1.B.6), 11-19-2014)

If an applicant for a private patrol permit intends to, or does operate any motor vehicle in the conduct of the private patrol, the applicant shall file with the Community Development Director evidence of motor vehicle insurance which shall include public liability coverage for death or injury in any one occurrence, and property damage coverage in amounts as established by

A private patrol permit issued under this Article shall be carried at all times by the person to whom it is issued, or displayed at the location to which it is issued and shall be exhibited upon demand.

No private patrol permit issued under this Article shall be transferable and any attempted transfer shall invalidate the permit.

The County Sheriff shall approve the style and type of uniform, if any, to be used by a private patrol, for the purpose of maintaining a readily apparent distinction from the uniforms worn by the regularly employed members of the Sheriff Department and any other law enforcement agencies within the area of activity of such private patrol. All equipment and motor vehicles shall be inspected by the County Sheriff to

(Saratoga Supp. No. 36, 5-15)

54

4-20.180

insure a readily apparent distinction from the equipment and motor vehicles used by authorized law enforcement agencies and the Sheriff shall prescribe and approve the type and character of identification markings or insignia placed on any motor vehicle used in the operation of a private patrol.

The County Sheriff shall issue private patrol operators and employees an identification type card which will carry identifying characteristics. Such card shall be retained on the person of the operator and operator's employees for identification purposes at all times. Failure to carry and exhibit such identification shall be grounds for suspension or revocation of the private patrol permit.

(Ord. No. 322, § 1(Exh. 1.B.6), 11-19-2014)

No rights, duties or privileges granted or permitted by this Article shall be construed to create, permit, or otherwise vest in any permittee under this Article any powers reserved to peace officers as defined in the Penal Code, as distinguished from private citizens.

and be granted a hearing upon the merits of the suspension or revocation. If after such hearing the permit is ordered suspended or revoked, the holder shall have the right to appeal such action to the City Council. (Ord. No. 322, § 1(Exh. 1.B.6), 11-19-2014)

Any decisions rendered pursuant to this Article with respect to the issuance, denial, suspension or revocation of a permit, or the conditions thereof, may be appealed to the City Council by the applicant or permittee or other interested person in accordance with the procedure set forth in Section 2-05.030 of this Code.

The violation of any provision contained in this Article, or the violation of any condition of a permit issued hereunder, is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code. The enforcement of this Article pursuant to Chapter 3 shall be in addition to any proceedings conducted under Section 4-20.160 for revocation or suspension of the permit or any proceedings conducted under Article 4-05 of this Chapter to revoke a business license by reason of the same violation.

The holder of a private patrol permit and any employees shall give a prompt report to the Sheriff's Department of any unusual occurrences observed while patrolling or at any other time. It shall be the duty of such persons to preserve the scene of any occurrence intact and to refrain from moving, and refuse permission to move, disturb or otherwise interfere with the property, persons or things affected. (Ord. No. 322, § 1(Exh. 1.B.6), 11-19-2014)

(a) Any private patrol permit issued under this Article may be suspended or revoked by the Community Development Director for any reason that would justify a refusal to issue the permit originally, or by reason of any failure by the permittee to comply with the provisions of this Article, or any other provision of this Code, or any condition of such permit.

(b) The holder of a private patrol permit shall be given prompt notice of the intention to suspend or revoke said permit. Such notice shall fix a time and place, not less than five nor more than thirty days after service thereof, at which the holder of the permit may appear before the Community Development Director

54.1

(Saratoga Supp. No. 36, 5-15)

4-25.010