Walnut Municipal Code Ch. 4.20 Private Patrol

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Private patrolman"

means any individual employee or member of a private patrol operator who, as such, performs any of the services set forth in Section 7521 of the Business and Professions Code.

Private Patrol Operator.

As defined in Section 7521 of the Business and Professions Code of this state.

It is not the intent of the City Council to invade the field of regulation of private patrol as established by the State, nor to examine persons for their qualifications. It is the intent of the City Council, in the interest of safeguarding the public health, safety and welfare, and in furtherance of the performance of the duties of the Police Department of the City, to enact this chapter to require such information as is set forth herein relating to the character, past employment records, possible criminal records and honesty and integrity of persons or firms desiring to engage in private patrol work.

A. Required. No person shall carry on nor conduct the business of a private patrol operator within the City without first obtaining a permit from the City Council.

B. Applications—Fee. Applications for permits under this chapter shall be filed with the City Clerk. Any person desiring a permit to conduct a private patrol system shall pay an application fee of $25.00 and the application shall contain the following:

1. The name and address of the applicant;

2. If the applicant is a partnership, the name and address of all partners;

3. If the applicant is a corporation, the names and addresses of the corporate officers and manager, and a certified copy of the resolution authorizing such application;

4. The district or territory proposed to be served by the patrol system;

5. A description of the methods of operation;

6. The names and addresses of all patrolmen who are or will be owners, officers or employees of the applicant;

7. A statement as to what crimes, if any, any person mentioned in paragraphs 1, 2 or 3 hereof, has been convicted and of the time, place and circumstances thereof.

C. Investigation of Applicant. Upon receipt of an application for a permit to conduct a patrol system, the Clerk shall refer the application to the Chief of Police. So long as the City contracts with the County for the performance of police functions within the City, "Chief of Police," as used in this part, shall mean the Sheriff’s Department of the County. The Chief of Police shall investigate the character, fitness, honesty and integrity of every person whose name appears on such application. The chief shall report to the City Council his or her recommendations on the application.

D. Notice of Council’s Decision—Hearing. The City Council shall inform the applicant of its final action on each application for a permit to conduct a patrol system. The City Council in its discretion, may hold a public hearing on the application.

E. Contents. Every permit to conduct a patrol system shall contain, among other things, an accurate description of the area in which operations are permitted.

F. Modifying. The City Council shall grant or deny applications to modify existing patrol system permits in the same manner as in the case of original applications.

A. Required. No person shall conduct himself, or be employed as a private patrolman, within the City, without first having obtained a permit therefor, as required by this chapter, from the City Council.

B. Application—Fee. Any person desiring a permit to act as a private patrolman shall file a verified application with the City Clerk, accompanied by a fee of $10.00 to cover the application. The application form shall contain the following:

1. The name and address of the applicant.

2. A statement of all businesses and occupations engaged in for the last five years, and the names and addresses of not less than three persons to verify the statement.

3. A statement of what offenses, if any, the applicant has been convicted and the time, place and circumstances thereof.

4. A complete set of fingerprints of the applicant taken by the sheriff.

5. The name and license number of the patrol system by whom he or she will be employed, or of which he or she is to be an owner or officer. If no such license has been granted, the applicant shall state when an application for such license has been filed.

6. With every application for a patrol system, certifying that such permittee desires to employ such patrolman or that such patrolman is, or will be an owner or member of such patrol system.

7. Upon making an application for a permit other than a renewal, in addition to the application fee, a patrolman shall pay a fee of $10.00 to the City Clerk.

C. Investigation of Applicant—Issuance.

1. Upon receipt of the application for a private patrolman’s permit, the City Clerk shall refer the application to the Chief of Police and the Chief shall investigate the character, fitness, honesty and integrity of such person. He or she shall transmit the application to the City Council and make his or her recommendation to the Council.

2. The City Council shall grant or deny an application for a patrolman’s permit by the same procedure, so far as applicable, as is provided in this chapter for the granting or denial of a permit to conduct a patrol system.

Any permit issued under this chapter may be revoked for good cause after a hearing before the City Council.

If an application for a patrolman’s permit, other than for a renewal, is granted, the chief shall issue to the applicant a permit and a patrolman’s badge. So long as the City contracts with the Sheriff’s Department of the County for police functions with the City, the badge issued shall be the same badge as is issued by the Department for use within the County. Five dollars shall be retained by the sheriff’s office for the rental of such badge, and five dollars shall be retained to be returned to the patrolman holding the permit upon the return of the badge.

A. A person shall not give, deliver to or sell any patrolman’s badge or any badge of a design the same as, or so similar to the patrolman’s badge as to be mistaken therefor, to any private person.

B. A person shall not purchase or receive as a gift, pawn or pledge any patrolman’s badge.

A patrolman shall turn in his or her badge and permit to his or her employer when his or her permit is revoked or terminated. A patrolman shall turn in his or her badge and permit to his or her employer when he or she ceases to be employed as a patrolman.

While engaged in his or her duties as such, a patrolman shall keep upon his or her person at all times his or her permit and shall wear the badge issued by the Chief of Police, and shall wear no other badge of any kind, character or description, except a badge issued to him or her by lawful governmental authority.

The chief shall specify the police equipment including weapons which a permittee may wear while on duty. A permittee shall not wear any equipment or weapon or carry any weapon not so specified.

A patrolman shall not wear any uniform which is in imitation of, or can be reasonably mistaken for, an official sheriff uniform or an official police uniform of the police force of the City, county or an official uniform of any police officer of the State.

The operator of a patrol system shall not utilize any new vehicle which is in imitation of, or can be mistaken for, an official sheriff vehicle or an official police vehicle of the State, nor shall there be employed any flashing red light on such vehicle.

The operator of a patrol system shall neither employ nor utilize the services in any way of a patrolman whose name is not on the file with the City, or who does not possess a valid patrolman’s permit or identification card.

The holder of a permit to conduct a patrol system shall at all times keep on file with the City a list of all patrolmen in its employ.

The holder of a permit to conduct a patrol system shall so inform the City Clerk within five days after any patrolman no longer is an owner, member or employee of such permittee, and shall return the permit and identification card of such patrolman to the chief. The City Clerk shall remove such patrolman’s name from the permit of such patrol system.

Upon written application by a patrolman holding a permit, accompanied by the written application of the patrol system which proposes to employ such patrolman, and upon satisfying the City Council by competent evidence that such patrolman is, or will be no longer employed by the patrol system formerly employing such patrolman, the City Council may modify the patrolman’s permit so as to designate the new employer and may modify the permits of the patrol systems by removing such patrolman’s name from the one permit and adding it to the other permit.

The operator of a patrol system shall not patrol any territory outside of the area specified in the permit of such patrol system.

A private patrolman does not include a person who guards the property of a single owner while such property is not open to the public and the entire salary of such person is paid by the owner and there exists only an employer-employee relationship, or a person who, as an employee, only incidentally guards such property but whose main or principal duty is not that of guarding or protecting property.

Permittees shall not perform official police or investigation activities, but shall immediately report every violation of law and every unusual occurrence to the nearest police substation. A permittee shall make a full report of such violation or other occurrence without unnecessary delay to such substation.