Vallejo Municipal Code Ch. 5.28 Private Patrol Systems

For the purpose of this chapter "private patrol system" means any service, system, or commercial enterprise that purports to or does furnish to members or subscribers, for a consideration, or otherwise, any private watchman or guard to patrol any district in the city, going from house to house or from property to property, or along or on the public streets, alleys or other public places adjacent to such hour or properties at more or less regular intervals in the daytime or at night, with the ostensible purpose of watching, guarding, and protecting such houses or properties. As used in this chapter, "private patrol system" does not include guards or watchmen who patrol a single building or a group of buildings clustered in close proximity to each other.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

No person shall engage in, conduct or carry on a private patrol service, and no person shall represent himself to be or act as private patrol service, guard service, or street patrol without first applying for and receiving a permit therefor in accordance with the provisions of this chapter.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

A. The commercial services division of the finance department of the city is authorized to issue, or renew, a permit for a private patrol service for any period of time to any person applying therefor, on a form to be provided by the commercial services division.

B. The form in which application shall be made for the permits under this chapter shall require the following information which shall be attested to under penalty of perjury:

1. The full name of the applicant;

2. The residence and business address of the applicant;

3. A statement as to whether or not the applicant holds, or has held, a license or permit for a private patrol service from any state, municipality, governing body or licensing authority, listing such licenses and a statement of the time, place and by whom issued;

4. A statement as to whether any state, municipality, governing y or licensing authority has ever refused to issue or to renew a private patrol service permit or license to the applicant, together with a full and accurate statement as to the reasons for such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked a private patrol service permit or license held by the applicant, together with a full and accurate statement as to the reasons for such revocation;

5. A statement as to whether or not the applicant or any officer or then employee of the applicant has ever been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than for minor traffic or vehicle code violations, and, if so, the nature of the offense and the punishment or penalty used therefor;

6. A photograph of the applicant taken within sixty days immediately prior to the date of the filing of the application, which picture shall be approximately two inches by two inches showing the head and shoulders of the applicant (face forward) in a clear and distinguishing manner, except that the commercial services division may waive this requirement with respect to any application for renewal of permits under this chapter by an individual holding an unexpired permit issued by the city who has under previous application complied with this requirement; and

7. The fingerprints of the applicant and the names of at least two reliable references resident of the county of Solano, state of California, who will certify as to the applicant's good moral character and business responsibility, or in lieu thereof, the names of references or any other available evidence as to the good moral character and business responsibility of the applicant as will enable an investigator to properly evaluate such moral character and business responsibility, except that the commercial services division may waive this requirement with respect to an application for renewal of permits under this chapter, when this requirement has been previously complied with. Fingerprints taken for any other city license or permit shall be considered sufficient to comply with this section;

8. The business name, if any, under which it is proposed to operate and the private patrol service;

9. The territory of the city in which it is desired to operate the proposed private patrol service;

10. The hours during which it is proposed to patrol such territory or render guard service;

11. The color, markings, insignia, lettering and other identification proposed for the vehicles to be used by the applicant;

12. The color, markings, insignia and other identification of the uniforms to be used by applicant and his employees;

13. The communications equipment to be used by applicant;

14. Such other information as the chief of police may reasonably require.

C. The application shall be accompanied by a sum set out in the regulations which shall be paid to the police department as a fee for processing the fingerprints of such applicant. The fee need not be paid if the city has a record of fingerprints from the applicant for any other license.

D. Before issuing a permit to any person applying therefor, the commercial services division shall refer the applicant to the chief of police, who shall cause to be made such investigation as he deems necessary for the protection of the public good, except that the commercial services division may waive this requirement with respect to an application for renewal of a permit under this chapter if such an investigation has been previously made by the city. The chief of police shall cause the investigation provided for in this section to be made within a reasonable time, not to exceed sixty days, and shall report to the commercial services division whether the applicant is satisfactory. The report of the chief of police shall attach a list of those terms, conditions, and limitations which shall be applicable to the issuance of such permit. Such investigation may be dispensed with at the discretion of the chief of police upon being furnished with an authenticated copy of a current permit issued by another governmental agency, where a similar investigation was carried out. Such a permit shall not be expired.

E. The recommendation of the chief of police shall be reported to the commercial services division which shall issue, conditionally issue, or deny issue of the permit.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

An application for permit under this chapter may be recommended for nonissuance by the police chief and the commercial services division may refuse issuance or renewal of permit if, after notice of the right to hearing it is determined:

1. That the applicant or permit holder is not an individual of good moral character and business responsibility;

2. That the application of the applicant or permit holder contains any false, fraudulent, or misleading material statement;

3. That the applicant or permit holder has perpetrated a fraud upon any person, whether or not such fraud was perpetrated in the conduct of a private patrol service in the city;

4. That the applicant or permit holder has violated any of the statutes of the state, this code, or the rules and regulations adopted thereunder, relating to private patrol services;

5. That the applicant has been convicted of any felony, or any misdemeanor involving moral turpitude;

6. That the applicant refuses to agree to those terms and conditions made applicable to the issuance of the permit.

(Ord. 560 N.C.(2d)1 (part), 1980.)

An application for permit under this chapter may be recommended for revocation by the police chief and the commercial services division may revoke any permit if, after notice of the right to hearing, it is determined:

1. That the permit was issued upon an application which contained false, fraudulent, or misleading material statement;

2. That the permit holder has perpetrated a fraud upon any person, whether or not such fraud was perpetrated in the conduct of a private patrol service in the city;

3. That the permit holder has violated any of the statutes of the state, this code, or the rules and regulations adopted thereunder, relating to private patrol service or has had a license of the state relating to private patrol service suspended or revoked;

4. That the permit holder has been convicted of any felony, or any misdemeanor involving moral turpitude;

5. That the permit holder has failed to maintain those terms and conditions applicable to the issuance of the permit;

6. That the permit holder has failed to obey the lawful orders of the chief of police.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

Notice of right to hearing provided for in this chapter shall be given in writing to the applicant or permit holder, as the case may be. Such notice shall be personally delivered. to the applicant or permit holder, or mailed, postage prepaid, to the applicant or permit holder, as the case may be, at his last known address, and shall provide in substance as follows:

An applicant or permit holder adversely affected by a determination under this chapter shall have the right to request a hearing upon such determination within ten days her receiving notice of the adverse determination. Any hearing pursuant to such notice shall be held no earlier than ten days after the notice of the hearing date is given to the applicant.

Notice of the hearing date under this chapter shall be given in the same manner as notice of the right to hearing as is provided in this section. The applicant or permit holder, as the case may be, shall have the right to be resented at such hearing by counsel.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

Any person aggrieved by refusal of application or revocation of permit after the hearing provided for in Section 5.28.040 shall have the right of appeal to the city manager. Such appeal shall be taken by filing with the city clerk within ten days after notice of the action complained of has been personally delivered to the applicant or permit holder, or has been mailed, postage prepaid, to such applicant's or permit holder's last known address, a written statement setting forth fully the grounds of appeal. The city manager shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant or permit holder in the same manner as provided in Section 5.28.040. The appellant shall have the right to be represented at such hearing by counsel or other person of his choice. The hearing shall be conducted privately and in an informal manner, provided, however, that the city manager shall have the right to determine the order in which evidence will be led and oar matters essential to the orderly conduct of the hang. The decision and order of the city manager on such appeal shall be final and conclusive.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

No permit issued pursuant to this chapter shall excuse any person from complying with any law, whether federal, state or local, including any requirement of this code pertaining to business licenses. Issuance of a permit under this chapter shall not entitle any permittee to carry on business within the city without obtaining a city business license as is required elsewhere in this code.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

No private patrol service, nor the operator of such business, shall employ any person to perform security guard private patrol, or street patrol duties unless the person is licensed by the state to perform such activities. Such license shall be carried by each such person at all times during the performance of any private patrol service.

(Ord. 560 N.C.(2d) § 1 (part),1980.)

All persons employed by a private patrol or security guard operation shall, prior to actually performing such services or holding themselves out to the public as being ready, willing and able to perform such services, register their name and file a copy of their a identification card with the chief of police. No fee shall be charged for such registration.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

Persons employed by a private patrol service shall register when in possession of a temporary license issued by the state and, pursuant to such temporary license, may perform private patrol service duties for a period not to exceed ninety days from the date the temporary state license was issued or until a permanent license is denied, whichever period is less. Such persons must reregister with the chief of police upon receipt of a permanent license from the state.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

Each private patrol service operator shall file with the chief of police a roster of employees of the service. Operators shall immediately notify the chief of police of each deletion or addition to the roster.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

Neither the licensing by the state as a private patrol service or employee thereof, nor the state permit to carry weapons, shall constitute a permit to carry a concealed weapon within the city. No such concealed weapon shall be carried by either a private patrol service operator or an employee thereof, without first being licensed to do so by the chief of police.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

No firearm shall be carried by a private patrol system operator or employee unless they have successfully completed such training in the carrying and use of firearms as satisfies the standards of the State Department of Consumer Affairs.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

A. Private patrol service operators and employees shall wear uniforms approved by the chief of police.

B. No uniform substantially similar to the official uniform of a member of the Vallejo police department, the California Highway Patrol or the Solano County sheriff's department shall be worn by any operator or employee, except a peace officer, if it is his official uniform, and is authorized to do so by the chief of police.

C. A substantially similar uniform is one which so resembles the official uniform as might cause an ordinary and reasonable person to believe that the person wearing such uniform is a member of the Vallejo police department, the California Highway Patrol, or Solano County sheriff's department.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

A. All private patrol service uniforms shall carry such insignia as required by the chief of police.

B. Shoulder patches shall be required.

C. All private patrol service operators and employees shall wear an identification bar; white in background with contrasting black lettering. The bar shall be at least one inch in height and three inches in width and shall contain the name of the person to be identified thereby. The identification bar shall be worn during all times when acting in the field as a private patrol service operator or employee. The identification bar shall be worn so as to be visible at all times.

(Ord. 560 N.C. (2d) § 1 (part), 1980.)

A. Private patrol service vehicles shall be painted and identified as required by the chief of police.

B. No person shall use, or cause to be used, nor shall the chief of police approve, in the operation or management of a private patrol service, a motor vehicle containing lettering, markings, or insignia that:

1. Is not distinctly different from that employed by the county or any city located in the county or the California Highway Patrol;

2. Employs a star or shield; or

3. Fails to contain the designation "Private Patrol," in letters at lest four inches in height on the front doors.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)

No private patrol system shall operate in the field without continuous two-way communications in effect during all patrols.

(Ord. 560 N.C.(2d) § 1 (part), 1980.)