Tulare Municipal Code Ch. 5.64 Private Patrols

As used in this chapter, the following words and terms shall have the meanings herein ascribed to them.

PRIVATE PATROL SYSTEM. A business which purports to furnish and does furnish by private agreement with diverse merchants, or other occupants of property within the city, any private police officer, watchperson or guard to patrol and watch their property and protect the same from intrusion by persons whose presence thereon is not necessary.

PRIVATE WATCHPERSON or SPECIAL POLICE OFFICER. Shall not include a private watchperson employed by just one or two persons to guard the property of the persons exclusively; nor is the term intended to include a special police officer appointed by the Chief of Police, at the request of the person to be employed by the persons as a watchperson, or for like purposes.

(1995 Code, § 5.64.010)

Any notice required by this chapter must be in writing and may be given by personal service or by mail. In case of service by mail the notice must be deposited in the United States Post Office in a sealed envelope, with postage prepaid, addressed to the person to whom it is to be served, at his or her last known address as the same appears from the files of the Clerk. The service shall be deemed complete at the time of the deposit in the Post Office.

(1995 Code, § 5.64.020)

It is unlawful for any person, either as principal, agent or otherwise, to engage in the business of operating a private patrol system without first having obtained a permit therefor as in this chapter provided.

(1995 Code, § 5.64.030)

No private patrol system permit may be transferred without the written consent of the Manager obtained upon application in the same manner as is herein provided for the original application for the permit.

(1995 Code, § 5.64.040)

Any person desiring a permit to engage in the business of operating a private patrol system shall file with the Chief of Police a written application, in duplicate, addressed to the Manager, setting forth the information required by this chapter. An application for a permit to operate a private patrol system shall be on a form supplied by the Clerk and shall set forth the following information:

(A) Name, address of applicant. The full name and home address of each person signing the application;

(B) Business name. The name under which it is proposed to operate the intended private patrol system;

(C) Post employment. The business or occupation for the five years last past of each person signing the application, giving the name and address of each employer, the date of employment, and the nature of the services performed by each person;

(D) Proposed territory. The territory of the city in which it is desired to operate the proposed private patrol system;

(E) Proposed hours. The hours during which it is proposed to patrol the territory or render guard or watch person service;

(F) Business address. The address of the principal place of business of the applicant or the proposed principal place of business, and all existing or proposed branch offices;

(G) State detective license. State whether or not the applicant holds a license issued by the Board of Prison Directors of the state as a private detective;

(H) Date of license; surety. If the applicant holds the license, give the date of the issuance thereof, and the name and address of his or her surety or sureties;

(I) Date of application for denied license. If the applicant has ever applied for such a license and had the same denied, give date of application;

(J) Arrests. State whether any person signing this application has ever been arrested on a charge of the commission of a felony, or a charge involving moral turpitude, at any time, or arrested for any reason, within five years last past, giving full details;

(K) Manager’s name, address. The name and address of the person who will have the active operation and management of the business;

(L) Resolution of corporation. If the applicant is a corporation, the application shall be accompanied by a certified copy of the resolution authorizing the application; and

(M) Other information. Such other information as the Chief of Police or the Manager may require.

(1995 Code, § 5.64.050)

(A) By individual. If the application is an individual, he or she shall sign the application personally.

(B) By association. If the applicant is an association, firm or copartnership, the application shall be signed personally by each person composing or intending to compose the association, firm or copartnership.

(C) By corporation. If the applicant is a corporation, the application shall be singed by each member of the Board of Directors.

(D) Verification. The application shall be sworn to by all persons signing the same before some person authorized to administer oaths.

(1995 Code, § 5.64.060)

Upon receipt of an application for a permit to operate a private patrol system, the Chief of Police shall forward to the Manager the original copy of the application, retaining the duplicate copy.

(1995 Code, § 5.64.070)

The Chief of Police shall immediately make an investigation as to the truthfulness of the facts therein set forth, and the reputation and character, competency and integrity of each person signing the application, and whether the management, conduct and operation of the proposed private patrol system will or will not comport with the public welfare; and for this purpose shall consider any facts or evidence bearing on the moral fitness and reputation of those who will be in charge of the private patrol system and any other evidence or fact tending to assist in enlightening the Manager in this respect. Upon completion of the investigation, he or she shall file a written report thereof with the Manager. The Manager shall grant or deny a permit to the applicant within 20 days from the date of an application being filed with the Chief of Police.

(1995 Code, § 5.64.080)

The permit shall not be issued until the applicant shall exhibit to the Manager a valid and existing license issued to him or her by the License Collector to carry on such business and shall have filed with the Clerk a surety bond as hereinafter provided, or shall have filed with the Clerk a certified copy of a valid and existing license issued to the applicant by the Board of Prison Directors of the state to carry on the business of a private detective.

(1995 Code, § 5.64.090)

The Manager shall deny an application if it appears:

(A) That any person signing the application has ever been convicted of a felony or a misdemeanor, involving moral turpitude;

(B) That any person signing the application does not have a good reputation for honesty, character, integrity or sobriety, or is not a responsible person; and

(C) For any reason, within his or her sound discretion, that a private patrol system is not needed within the territory set forth in the application, or for any other reason would not comport with the public welfare.

(1995 Code, § 5.64.100)

Any person who has made application for a private patrol system permit under this chapter and who does not hold a valid permit issued by the Board of Prison Directors of the state to carry on the business of a private detective, shall, before any permit issued to him or her, deliver to and file with the Clerk a surety bond, executed by a surety company authorized to do business in the state in the sum of $1,000, conditioned for the faithful and honest conduct of the business by the applicant, which bond shall be upon a form provided by the Clerk and approved as to its form and execution by the Attorney.

(1995 Code, § 5.64.110)

The bond shall be taken in the name of the people of the city and every person injured by the willful, malicious, negligent or wrongful act of the principal, his or her agents or employees, may bring an action on the bond in his or her own name to recover damages suffered by reason of the willful, malicious, negligent or wrongful act.

(1995 Code, § 5.64.120)

A surety bond filed as herein required may be canceled only by service of a written notice upon the Clerk not less than five days prior to the effective date of the cancellation; and the holder of a private patrol system permit and his or her private patrol watchperson, thereby secured, shall be ipso facto suspended upon the cancellation of the bond, until such time as another bond is filed as herein reacquired in the first instance.

(1995 Code, § 5.64.130)

Any permit granted pursuant to this chapter for the operation of a private patrol system may be revoked by the Manager for any reason for which the granting of the permit might be lawfully denied, or for the violation of any provisions of this chapter, or for any other good cause.

(1995 Code, § 5.64.140)

The revocation shall be made only after a hearing granted to the holder of the permit before the Manager, after five days notice to the permit holder, setting forth the grounds of complaint. The hearing may be continued from time to time as the circumstances may require.

(1995 Code, § 5.64.150)

Upon revocation of any permit, the permit shall be immediately surrendered to the Manager. The revocation of any permit shall be in addition to any penalties otherwise provided in this chapter.

(1995 Code, § 5.64.160)

Any permit for a private patrol system shall be issued upon condition that the private patrol system shall be operated and conducted subject to the general supervision of the Chief of Police.

(1995 Code, § 5.64.170)

No person shall wear or display, or cause to be worn or displayed, any badge or insignia similar in design to that used by the Police or Fire Departments. No badge or insignia shall be worn, displayed or used in any manner unless the same has been first approved by the Chief of Police.

(1995 Code, § 5.64.180)

No person shall wear or permit to be worn, any uniform in the operation of a private patrol system that is similar to the uniforms used by the Police and Fire Departments. No uniform shall be worn unless the same shall have been first approved by the Chief of Police.

(1995 Code, § 5.64.190)

No person shall use, wear or exhibit any rank or insignia of rank or permit to be used, worn or exhibited any rank or insignia of rank, by any person operating, or employed by a person operating a private patrol system, except such as may be approved in writing by the Chief of Police.

(1995 Code, § 5.64.200)

Every person operating a private patrol system shall pay the following license tax: $13.50 per annum, together with an additional $5 per annum for person working at the business.

(1995 Code, § 5.64.210)

Editor’s note:

For the most recent fee, please see the Rates and Fees Resolution passed by the city and on file in the city offices

Any holder of, or applicant for, a private patrol system permit excepting to any denial or revocation of a permit applied for or held by him or her, or to any action taken by an official of the Council by filing with the Clerk a written notice of the appeal, setting forth the specific grounds thereof. The notice must be filed within 14 days after notice of the action appealed from, but in no event later than 30 days after date of the action. The Clerk shall forthwith set the matter for hearing before the Council and cause notice thereof to be given not less than five days prior to the hearing to the appellant. At the hearing, the appellant shall show cause, on the grounds specified in the notice of appeal, why the action, excepted to, should not be approved. The hearings may, by the Council, be continued over from time to time. Its findings on the appeal shall be final and conclusive in the matter.

(1995 Code, § 5.64.220)