Yuba County Municipal Code Ch. 6.21 Private Street Patrol Special Services

Pursuant to Business and Professions Code § 7582.5, the County of Yuba hereby establishes the following requirements for the regulation of street patrol services or special officers licensed by virtue the Private Security Service Act (Business and Professions Code § 7580 et seq.).

(Prior Code, § 6.21.010; Ord. No. 880)

For the purpose of this Chapter, "street patrol special services" shall include any person, firm, association, or corporation who agrees to furnish or furnishes a watchman, guard, patrolman, street patrol, special officer, or other person, in uniform or otherwise, to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriations, or concealment of goods, wares, merchandise, money, bonds, stocks, notes, documents, papers, or property of any kind; or performs the service of such watchman, guard, patrolman, special officer or other person, for any of said purposes.

(Prior Code, § 6.21.020; Ord. No. 880)

(a) Any street patrol special services desiring to do business in the unincorporated areas of Yuba County must request and receive the prior written approval of the Sheriff as to any uniforms or insignias to be used in connection with said services prior to the commencement of business.

(b) In prescribing or approving the style or type of uniform, if any, to be used by the private patrol service, the Sheriff shall designate such style or type of uniform which will be clearly distinguishable from the uniforms and insignia worn by regularly employed law enforcement officers in the County.

(c) It shall be unlawful for any person to wear or cause or permit to be worn any uniform or insignia that is similar in design any uniform used by the Sheriff's Department or any Fire Department in the County and no uniform of any type shall be adopted or worn unless the same has been first so approved.

(Prior Code, § 6.21.030; Ord. No. 880)

(a) Any street patrol special services desiring to do business in the unincorporated areas of Yuba County must request and receive the prior written approval of the Sheriff as to any equipment or motor vehicle bearing any special markings, color, or insignia to be used in connection with any street patrol special services.

(b) The Sheriff shall prescribe or approve the types or character of identification markings or insignia placed on any motor vehicle used in the operation of any private patrol service.

(c) Such identification markings, colors, and insignia shall be clearly distinguishable from the vehicles used by regularly employed law enforcement officers in the County.

(Prior Code, § 6.21.040; Ord. No. 880)

(a) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more $1,000.00 or by imprisonment in the County Jail for not more than six months or by both such fine and imprisonment.

(b) Each and every violation of any provision of this Chapter shall be deemed to be a separate offense and shall be punishable as herein provided.

(Prior Code, § 6.21.050; Ord. No. 880)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

The Sheriff of Yuba County shall enforce the provision of this Chapter.

(Prior Code, § 6.21.060; Ord. No. 880)

Any person, firm, association or corporation, aggrieved by the action of the Sheriff pursuant to Section 6.21.030 or Section 6.21.040 shall have the right to appeal such action to the Board of Supervisors. Such appeal shall be taken by filing with the Clerk of the Board of Supervisors within 15 days after notice of action by the Sheriff, a written statement appealing from such action and stating the ground(s) therefor. The Clerk of the Board of Supervisors shall set a time and place for a hearing on such appeal and notice thereof shall be given to the appellant in writing at least ten days prior to such hearing. The decision of the Board shall be final and binding on all parties.

(Prior Code, § 6.21.070; Ord. No. 880)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.