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HomeMy WebLinkAbout1081 - Private Patrol Service2 • STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) I, - -- William- _P2.�ehmidt- .. ----- --------------------- being first duly sworn and on oath, depose and say that I am the Advertising Manag® Y °------------------------ - - - -.- of +he Newport Harbor News Press -DAILY PILOT, a news- paper of general circulation in the City of Newport Beach, County of Orange, State of California, and that City -_Qr.d nesnee - - -- Member - -- 1981--------------- --- - - - - -- of which the copy printed hereon is a true and com- plate copy, was printed and published in the regu- far issue (s) of said newspaper on _March _lb - -- - -- r 196 .- 4 �1 Subscribed and sworn to before me this _lot.??............ day of is in and for the County State of California 196.....x.... 3O pH E.- DAVIS My Commission expires MYC. Tmtss- wn_Expues STATE OF CALIFORNIA ) _ COUNTY OF ORANGE )SS. CITY OF NEWPORT BEACH ) a 1, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California do hereby certify that the foregoing . - - - - - - - Ordinance .. _ No - 190J ..... was duly and regularly adopted, passed and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the ----- 941 ..... day, of ........... Maxgj-................................ 196.`4.... by the following vote: AYES: COUNCILMEN - - - - - -. Stoddard; Gruber, Cook, Hart, Lorenz, ha Marsll, Elder NOES: COUNCILMEN ........ None ABSENT: COUNCILMEN - - - - - - - - - -.N.4A:✓ . . .............................. Dated this ... 8th,. day of . - - - - - . . . ........................ .. 19 6 4 City Clerk o fhe C N of Newport Beach, State of Celikrnla ORDINANCE NO. 1081 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAP- TER 7 TO ARTICLE VI OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PRIVATE PATROL SERVICE The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 7 is added to Article VI of the Newport Beach Muni- cipal Code to read: "Chapter 7 PRIVATE PATROL SERVICE SECTION 6700. Definitions. For the Purpose of this Chapter, certain terms used herein are defined as follows: (1) Fricato Patrol Service. 'Private Patrol service' means a0y Person, busi- ness, service or organization which furnishes or purports to furnish to r, ats.rs, subscribers, or customers any special officer for the Purpose of affording additional police Petec- tion u i Per10 :.e any Pinar service customarily performed by the Police Department. This Chapter shall not apply to a watchman or caretaker working for a single employer in a line of business other than a Private un fro set i e Or to a Person oPeral- ing an armored car service for trans- porting money or other valuable per. sonal property under guard. (2) Special Officer, 'Special officer' means any Person emPloved by a orivate Patrol Service as a guard, watchman or Private policeman. SECTION 6701. Permit Required. It shall be unlawful for any Person, either as principal Or agent, t0 engage in tha basin. -si of maima i .sing or ooerelin9 any Private Patrol service without first obtaining a Permit as required by this Chat: ter. Every operator of an existing Private patrol service must apply for and obtain a permit within thirty (30) days after the effective date of this Chapter. SECTION 6702. APPlicalion for Permit. Requirements. Applications for Permits shall be film with the City Manager on forms supplied by the City, together va:h an investigation fee of $100. The application shall be signed and veri- fied by the applicant and shall state the name, address, and organization Of the Patrol service, its method of oper. ation, the territory or locations it pro- p ses to serve, and the names, ad- dresses, and physical descriptions of Its officers and employees, and such other Identification and information as may be deemed necessary by the City Man- ager including, but not limited to, finger. Prints and recent Photographs of the art li<a -I and his employees. SECTION 6703. Surety Bond. The a, plication must be accompanied by a surety bond executed by a corporate surety, In a form approved by the City Attorney, in the sum of Ten Thousand Dollars ($10,00). The coni- lion of each bond must be that the applicant will faithfully conform to each and all of the ordinances of the City and the laws of the State of California, whether then in force, or which may thereafter be adopted, relating to the business M the applicant. The Principal and sureties nametl in said bond, and their successors and assigns, shall be jointly and severally bound unto the City and unto any Person, firm or corporation aggrieved ar damaged by the breach of. the conditions of said bond. .Said.ba,a shall not be void upon the said recOv6ry_bvt,may be =sued and recovered anon -from time to fire;. by any Person, firm Or corporation. aggrieved Or damaged until the whole penalty =.is exhausted. In the event that the-total liability of the sureties upon ,such -band falls be- lo,v Ten -Thousand :Dollars j(St0.W0), aP- Plicarif shall furnish an addlllonal bond to keep the liability' of the minimum . of Tan Thousand Dollars ($10,000). SECTION 6704. States License and Band. P-efore a, permif' is issued, the appiicanf. .shall- furnish" the City Man- ager with a ithotoslatic or certified copv `of his State of California license an bond evidencing that he has com- Plietl with the state laws relating to the business of private Patrols. SECTION 6705. Liability Insurance. Be:O(e am' permit to Werate a Private Patrol service shall be issued, the ap. plicant shall file with the City Man- ager a policy or policies of comPrehen- five Public liabilily insurance, including coverage for all motor vehicles oPeral. ed by the Private patrol service, which insurance shall as a minimum Include coverage to the extent of One Honored Thousand Dollars ($100,030) for the tleath or Injury of one Person in any one occurrence, Two Hundred Thou. sand Dollars 1$200,00) for the death or iniury of two or more Persons in any One Occurrence, and property dam- age coverage in the amount of Twenty- five Thousand Dollars ($25,000). Said insurance shall cover and apply to all special officers employed by the Private Patrol service. The Insurance policy or Policies shall Provide that the City shall be given fifteen (15) days' written notice in advance of any material al- fenation or cancellation of the insurance coverage provided. SECTION 6706. Investigation and bP suance of Permit. Upon receiving an application to Operate a Private Patrol service, the City Manager shall cause an investigation to be made of the qualifications and moral character of the applicant and all em PlOVees listed in the aCPlicutioR It the City Manager determines that the P -ivate Patrol serv- ice is properly organized, that Its owners, officers and employees are of good moral character, that there is a need for such service, and that the Public interest, safety, necessity and conven. ience will be served by the operation Of the 'Private Patrol service described In the application, he shall issue a non- transferable permit for such service. If the City Manager determines that the foregoing requirements have not been satisfied, he shall deny the appli. cation. If the aPPlicalion is denim. the applicant shall be advised of such denial and of his right to appeal to the City Council by registered letter directed to the address shown on the application or by Personal service. Service of the letter tlenving the application shall be deemed complete upon deposit in the United States Post Office. SECTION 6707. Special Officers. Per. mits. No Person shall be employed as a se,clal cYicer by any Private Patrol service unless such person shall first have secured a Permit from the City Manager. Such person shall file a verified application with the City Mane9el on fc, is suPPlied by the City, setting forth such Information as may be required by the City Man- ager, together with a fee of Ten Dol- lars ($10). The City Manager shall Issue a Permit approving employment of the Proposed employee only after he has determined that the proposed employee is over twenty -one (21) years of age, that the contents of the application are true, and that the Proposed em- ployee is of good moral character and Is qualified to engage in such activities. The permit shall be carried at all times by the Person to whom it Is is- sued and shall be exhibited upon de- mand by anyone. If the City Manager fins that the proposed employee does not possess the qualifications required by this section, he shall deny the ap- plication. If the application Is denim. the applicant shall be advised of such denial and of his right to appeal to the Cliv Council by registered letter direct. ed to the address shown on the appli- cation Or by Personal service. Service of the letter tlenving the application shall be deemed complete upon deposit in the United States Post Office. A special officer shall surrender his per- mit to the City Manager upon termina. lion of his employment as a special officer or upen revocation or suspension Of his Permit. The City Manager may waive the requirements of this section In the case of special officers temporarily assigned to Perform services In the City for a limited Perin of time If he determines that It wou Id create an unreasonable hardship to require corn. Pliance with said section. ' SECTION 6714. -Reporting Change of Address. Any special officer or holder of a private Patrol service Permit who changes his address shall file a written st e,nent of his new address with the City Manager within five (5) tlays after such change. SECTION 6715. Reports to Police. Every Private Patrol service operator and every special officer shall make without unnecessary delay a report t0 the Police Department of all viola - lions of this Code and of state or federal law which come to his often - lion, with the exception of minor traffic offenses. "rte SECTION 6716. Ruies and Regula- lions. The City Manager shall have the authority 10 make rules and regulations not Inconsistent with this Chapter can- earning Private Patrol services and spe- 1 cial Officers. - - SECTION 6717. Permits Nontransfer- able. Permits issued under this Chap- ter are not transferable. This section shall not be construed 10 Prohibit the owner of a Private patrol service from selling, assigning or transferring such service, but any new owner, transferee, or assignee shall be required, before commencing Operations or carrying on business as a Private Patrol service, to qualify under this Chapter. SECTION 6708. Suspension or Revc- cation. If at any time it shall come to the attention of the City Manager that the holder of any Permit issued under this Chapter has violated any Provision of this Chapter, or rule or regulation made Pursuant 10 this Chap- ter, or other ortlinance of the City, or any state or federal law, or is guilty Of misconduct while on duty, or has ceased to meet the requirements for issuance of a permit contained in this Chapter, the City Manager may sus - Pend or revoke said permit. a • Permit shall be deemed to be sus- pended or revoked as of the fifth tlav after the City Manager shall cause to be deposited in the United States Post Office a registered letter giving notice Of such revocation or suspension and Cf -i ho right 10 appeal to the City Council directed to the Permiffee at the latest address appearing on the City records or on the date when the notice is Personally served on the Per - mittee. SECTION 6709. Appeals :ram Action aF City hlan ^ger. If an applicant or Permiffee is aggrieved by any action or failure to act upon the Part 0 the City Manager in issuing, falling to Issue, susPendi ^.g or evoking any Par - mif under this Chapter, such Person may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances re. gentling the action or failure to act on the Part of the City Manager. The City Clerk shall notify the appellant In writing of the time and Place at for hearing the appeal. The City Coum all at its next regular meeting held not less than five (v`) days from the date on which such appeal shall have been film with the City Clerk shall hear the apoeliant, the City Manager, and all relevant evidence and shall defer - mine the merits of the appeal. The City Council may affirm, overrule, or modify the decision of the City Man- ager and Its action thereon shall be final. The right 10 appeal 10 the City Council from the denial, suspension or revocation of any Permit required by this Chapter shall terminate upon the expiration of fifteen (15) days following the deposit of a registered letter in the United States Post Office or Per- sonal service of said letter advising the applicant or Permiffee of the ac- tion of the City Manager and of the right to appeal such action to the City Council, SICTIOIN 6710, Special Officers' Badges. At the time a special officer's Permit Is Issued as Provided in this Chapter, the Chief of Police shall issue 10 the Person receiving such Permit a special officer's badge. The Chief Of Police shall Prescribe the size, shape, and inscription upon special officers' badges. While engaged in his duties as such, a special officer shall wear the badge so that It is clearly visible and shall wear no other badge of any kind. A special officer shall im- mediately turn in his badge to the Chief of Police or his employer upon termination of his employment as a special officer. SECTION 6711. Regulation of Uni- forms and Equipment. The Chief of Po- lice shall specify the Police equipment, including weapons, which a special Of- ficer may carry while on duty and shall Prescribe or approve the type and character of uniform to be worn by special officers. All special officers shall be required to wear such uni. form when on duty. SECTION 6712 Regulation of Motor Vehicles. The Chief of Police shall Prescribe Or approve the type Or char- acter of Identification markings or in- signia Placed on any motor vehicle used In the operation of any Private Patrol service. No vehicle used by a Private Patrol service shall be equipped with a red light or siren. SECTION 6713. Firearms Inspection. No special officer shall carry any fire- arm in the Performance of his duties until such firearm- has been inspected and approved by the Chief of Police. SECTION 6718. Other Licenses and Fees. Fees and Permits required by this Chapter shall be in addition to any license. Permit or tee required under any other Chapter of this Code." SECTION 2. This ordinance shall be Published once in the official news. Paper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introducetl at a regular meeting of the City Council of the City of Newport Beach held on the 241h tlav of February, 1964, and was adopted on the 91h tlav of March, 1964, by the following vole, to wit: AYES, COUNCILMEN: Stoddard. Gruber, Cook, Hart Lorenz, Marshall, Elder NOES, COUNCILMEN: None ABSENT COUNCILMEN: None CHARLES E. HART Mayor ATTEST: MARGERY SCHROUDER City Clerk Published Newport Harbor News - Press, Newport Beach, Calif., March 16, 19M 34564 0 It