Scotts Valley Municipal Code Ch. 5.18 Private Patrol Systems

The purpose of this chapter is to set forth regulations governing private patrol operations within the city. It is an attempt to insure that the public is provided with private patrol operators who have complied with all state, county and city regulations, thereby insuring that the public safety is not jeopardized by unlicensed and improperly trained private patrol operators and their employees.

(Ord. 108 § 1(part), 1983)

For the purpose of this chapter the following words and phrases shall have the meaning respectively ascribed to them by this section:

A. "Private patrol operator" or "operator of a private patrol service" means any person or persons who, for any consideration whatsoever, agrees to furnish or furnishes a watchman, guard, patrolman, or other person to protect persons or property, or to prevent a disturbance or breach of the peace, or to control entry or access to any public or private function, party or celebration, amusement or entertainment place or event, or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, stocks, notes, documents, papers or property of any kind; or performs the service of such watchman, guard, patrolman or other person for any such purpose.

B. "Watchman," "guard" or "patrolman" means an employee of a private patrol operator or other lawful business who performs the services of or for the private patrol operator or other lawful business, whether uniformed or not.

C. "On duty" means the time the employee reports for his or her duty assignment, to the completion of that duty assignment.

D. "Off duty" means any time other than on-duty time.

E. "Private patrol operator's permit" means a permit issued by the Santa Cruz County sheriff's office to the private patrol operator.

(Ord. 108 § 1(part), 1983)

No person shall engage in the business or practice of being a private patrol operator or operator of a private patrol service or act as a watchman, guard or patrolman within the city without first obtaining a valid private patrol operator's license from the state of California and a private patrol operator's permit from the Santa Cruz County sheriff's office. Employees of a private patrol operator must possess a valid registration card from the state of California.

(Ord. 108 § 1(part), 1983)

A. Every private patrol operator shall continually update the list of guards, watchmen or patrolmen and supply all information required in Santa Cruz County Ordinance No. 3241, and report such information promptly to the Santa Cruz County sheriff's department.

B. Any private patrol operator shall obtain a permit card from the Santa Cruz County sheriff's department. The individual employees (guards, watchmen or patrolmen) must have in their immediate possession, while on duty, guard registration cards issued by the state of California. This card must be presented to any peace officer on demand.

C. A private patrol operator must notify the sheriff's patrol bureau chief deputy of any contract he or she has engaged for the purpose of providing security services for any public or private gathering of two hundred persons or more. Such notice shall be given to the sheriff's department as soon as possible after contracting with the parties involved. It will be the responsibility of the sheriff's department watch commander to notify the appropriate jurisdiction that the gathering is taking place.

D. The permit issued to the private patrol operator's business shall be displayed in a prominent place at the business and available for public inspection.

(Ord. 108 § 1(part), 1983)

No advertisement, notice, card or insignia used by a private patrol operator shall be designed so as to deceive an ordinarily reasonable person into believing that the patrol service is a governmental agency. Any operator shall submit any such proposed advertisement, notice, card or insignia to the Santa Cruz County sheriff's office for prior review to insure that such advertisement, notice, card or insignia does not violate the provisions of this section.

(Ord. 108 § 1(part), 1983)

No employee, officer, member, owner, guard, watch- man, or patrolman of any private patrol operator shall wear or display any badge, insignia, or uniform which so resembles that of a law enforcement officer of any county, city, state or federal agency within the city as would deceive an ordinarily reasonable person into believing said person was a law enforcement officer. Any operator shall submit any such proposed badge, insignia or uniform to the Santa Cruz County sheriff's office for prior review to insure that such badge, insignia or uniform does not violate the provisions of this section.

(Ord. 108 § 1(part), 1983)

A. A private patrol service shall not use or permit to be used any vehicle which would deceive an ordinarily reasonable person into believing such vehicle is a police vehicle or a vehicle representing a governmental agency.

B. No insignias or decals may be placed upon the vehicle other than the company name or seal, which must comply with Section 5.18.060, and words "Private Patrol" or "Private Security."

C. All marked security vehicles must have displayed on the sides and rear the words "Private Patrol" or "Private Security" in lettering not less than two and one-half inches in height and in contrast to the color of the background.

(Ord. 108 § 1(part), 1983)

A. Private patrol operators, guards, watchmen or patrolmen may wear their uniforms while on duty.

B. Uniforms may also be worn while off duty to and from work; and the badge, insignias, patches, hat piece or other identifying symbols shall be visible to the public view.

(Ord. 108 § 1(part), 1983)

A. Weapons shall include firearms, tear gas and batons. Weapons may be carried only while on duty and while holding a valid California state consumer affairs permit.

B. The owner or his designee of each private security or patrol service shall hold monthly inspections of all weapons and ammunition used by his employees to insure proper function. Records of inspections shall be maintained for a period of one year and shall include the weapon type, serial number and condition. These records shall be made available to the Scotts Valley police department upon request.

(Ord. 108 § 1(part), 1983)

The chief of police shall enforce all provisions of this chapter and investigate all reports of violations within the city.

(Ord. 108 § 1(part), 1983)

The chief of police or his designee may make periodic inspections of the patrol operator's place of business, vehicles, and may demand to see all permits, licenses and other documents required by this Code and state law. Any peace officer may request to see, at any time, any employee's state licenses, permits or other certificates.

(Ord. 108 § 1(part), 1983)

Any violation of this chapter or submission of a false application is a misdemeanor and upon conviction the violator shall be punished by a fine not exceeding one thousand dollars and/or six months in the county jail.

(Ord. 108 § 1(part), 1983)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be held invalid or unconstitutional.

(Ord. 108 § 1(part), 1983)