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HomeMy WebLinkAbout1466 - Private Patrol Service RegulationsAsORDINANCE NO. 146 6 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.24 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PRIVATE PATROL SERVICE REGULATIONS The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 5.24 of the Newport Beach Municipal Code is amended to read: "CHAPTER 5.24 PRIVATE PATROL SERVICE -- REGULATIONS 5.24.010 Definitions. 5.24.020 Private Patrol Service Permit Required. 5.24.030 Private Patrolman Permit Required. 5.24.040 Exemptions. 5.24.050 Applications for Permits -- Fees. 5.24.060 Surety Bond. 5.24.070 State License and Bond. 5.24.080 Liability Insurance. • 5.24.090 Issuance of Private Patrol Service Permit - - Investigation -- Appeal. 5.24.100 Issuance of Private Patrolman Permit -- Investigation -- Appeal. 5.24.110 Suspension or Revocation. 5.24.120 Appeals to City Council. 5.24.130 Private Patrolmen's Badges and Insignia. 5.24.140 Uniforms and Equipment. 5.24.150 Motor Vehicles. 5.24.160 Firearms Inspection. 5.24.170 Report of Change of Address. 5.24.180 Reports to Police. 5.24.190 Authority to Make Rules and Regulations. 5.24.200 Permits Nontransferable. 5.24.210 Licenses and Fees Not Exclusive. 5.24.010 Definitions. For the purpose of this Chapter, certain terms used herein are defined as follows: PRIVATE PATROL SERVICE. The term 'private patrol service' shall mean any person, business, service or organization which furnishes or purports to furnish to members, subscribers, or _ customers any uniformed private patrolman for the purpose of • affording additional police protection or to perform any other service customarily performed by the Police Department. PRIVATE PATROLMAN. The term 'private patrolman' shall -1- i t mean any person employed by a private patrol service as a uniformed guard, uniformed watchman or uniformed patrolman; it shall also include a uniformed watchman, uniformed guard, or uniformed caretaker employed exclusively by a single employer, such as an industrial plant, department store, community association, or private club. 5.24.020 Private Patrol Service Permit Required. It shall be unlawful for any person, either as principal or agent, to engage in the business of maintaining or operating any private patrol service without first obtaining a permit as required by this Chapter. A permit shall not be required of any community association or private club which employs uniformed private patrolmen, watchmen or guartds. 5.24.030 Private Patrolman Permit Required. No person • shall be employed as a uniformed private patrolman, uniformed watchman or uniformed guard by any community association or private club or other employer unless such person shall have first obtained a private patrolman's permit, pursuant to Section 5.24.050. Uniformed private patrolmen, uniformed watchmen or uniformed guards employed by community associa- tions, private clubs or other employers shall be subject to all of the requirements of this Chapter relating to private patrolmen. 5.24.040 Exemptions. This Chapter shall not apply to a uniformed private patrolman, uniformed watchman, uniformed guard or uniformed caretaker employed by a'private industrial or commercial business enterprise, who has little or no contact with the public at large, whose activities are confined solely to protecting the private property of the employer, or to a person operating an armored car service for the purpose of transporting money or other valuable personal property under M -2- guard. 5.24.050 Applications for Permits -- Fees. A. PRIVATE PATROL SERVICE. Applications for permits for private patrol services shall be filed with the License Division of the Finance Department on forms supplied by the City, together with an investigation fee of One Hundred Dollars ($100). The applica- tion shall be signed and verified by the applicant and shall state the name, address and organization of the patrol service, its method of operation, the territory or locations it proposes to serve, and the names, addresses and physical description of its officers and employees, and such other identification and information as may be deemed necessary by the Chief of Police, including, but not limited to, fingerprints and recent photo- graphs of the applicant and his employees. • B. PRIVATE PATROLMAN. Any person to be employed as a private patrolman shall file a verified applica- tion with the License Division of the Finance Department on forms supplied by the City, setting forth such information as may be required by the Chief of Police, together with an investigation fee of Fifteen Dollars ($15). 5.24.060 Surety Bond. The application for a permit for a private patrol service as required by this Chapter 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 ($10,000). The condition of each bond must be that the applicant will faithfully conform to this Code, each and all of the ordinances of the City and the laws of the State of California, in force, or which may thereafter be adopted, irelating to the business of the applicant. The principal and sureties named in the bond, and their successors and assigns, shall be jointly and severally bound unto the City and unto -3- • • any person, firm or corporation aggrieved or damaged by the breach of the conditions of the bond. The bond shall not be void upon the recovery but may be sued and recovered upon from time to time 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 bond falls below Ten Thousand Dollars ($10,000), applicant shall furnish an additional bond to keep the liability at the minimum of Ten Thousand Dollars ($10,000). 5.24.070 State License and Bond. Before a permit for a private patrol service is issued, the applicant shall furnish the Chief of Police with a photostatic or certified copy of his State of California license and bond evidencing that he has complied with the State laws relating to the business of private patrols. 5.24.080 Liability Insurance. Before any permit to operate a private patrol service shall be issued, the applicant shall file with the Chief of Police a policy or policies of comprehensive public liability insurance, including coverage for all motor vehicles operated by the private patrol service. The insurance shall, as a minimum include coverage to the extent of One Hundred Thousand. Dollars ($100,000) for the death or injury of one person in any one occurrence, Two Hundred Thousand Dollars ($200,000) for the death or injury of two or more persons in any one occurrence, and property damage coverage in the amount of Twenty -Five Thousand Dollars ($25,000). The insurance shall cover and apply to all private patrolmen 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 alteration or cancellation of the insurance coverage provided. -4- 5.24.090 Issuance of Private Patrol Service Permit -- Investigation -- Appeal. Upon receiving an a- pplication to operate a private patrol service, the Chief of Police shall cause an investigation to be made of the qualifications and moral character of the applicant and his employees. After a hearing, the Chief of Police may deny a permit unless the applicant makes a showing satisfactory to the Chief of Police that the applicant, if an individual, has not, or if the applicant is a person other than an individual, that its manager and each of its officers, directors and partners have not: (a) committed any act constituting dishonesty or fraud; (b) a bad moral character, intemperate habits, or a bad reputation for truth, honesty or integrity; (c) been convicted of a felony or any crime involving • moral turpitude; (d) knowingly made any false statement in his application. If the Chief of Police determines that the private patrol service is properly organized, that there is a need for such service, and that the public interest, safety, necessity and convenience 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 Chief of Police determines that the foregoing requirements have not been satisfied, he may deny the application. If the application is denied, the applicant shall be advised of such denial and of his right to appeal to the City Council, by registered or certified mail directed to the address shown on the application, or by personal service. Service of the letter denying the application . shall be deemed complete upon deposit in the United State Post Office depository. 5.24.100 Issuance of Private Patrolman's Permit -- Investigation -- Appeal. Upon receiving an application from any -5- L7 0 person for a permit to be employed as a private patrolman, the Chief of Police shall cause an investigation to be made of the qualifications and moral character of the applicant. The Chief of Police shall issue a permit approving employment of the proposed employee only after he has determined that the proposed employee is over 21 years of age; that the contents of the application are true; that the proposed employee has not: (a) committed any act constituting dishonesty or fraud; (b) a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; (c) been convicted of any felony or any crime involving moral turpitude; (d) knowingly made a false statement in his application. The permit shall be carried at all times by the person to whom it is issued and shall be exhibited upon demand by anyone. If the Chief of Police finds that the proposed employee does not possess the qualifications required by this Section, he shall deny the application. If the application is denied, the appli- cant 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 denying the application shall be deemed complete upon deposit in the United States Post Office depository. A private patrolman shall surrender his permit to the Chief of Police upon termination of his employment as a private patrolman or upon revocation or suspension of his permit. 5.24.110 Suspension or Revocation. If at any time it shall come to the attention of the Chief of Police that the holder of any permit issued under this Chapter has violated any provisions of this Chapter, or rule or regulation made pursuant Q I • r1 U to this Chapter, or other ordinance 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 Chief of Police may suspend or revoke the permit. Any permit shall be deemed to be suspended or revoked as.of the fifth day after the Chief of Police shall cause to be deposited in the United States Post Office a registered letter giving notice of such revocation or suspension and of the right to appeal to the City Council, directed to the permittee at the latest address appearing on the City records, or on the date when the notice is personally served on the permittee. 5.24.120 Appeals to City Council. If an applicant or permittee is aggrieved by any action or failure.to act upon the part of the -Chief of Police in issuing, failing to issue, suspending or revoking any permit 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 regarding the action or failure to act on the part of the Chief of Police. The City Clerk shall notify the appellant in writing of the time and place set for hearing the appeal. The City Council at its next regular meeting held not less than five (5) days from the date on which such appeal shall have been filed with the City Clerk, shall hear the appellant, the Chief of Police, and all relevant evidence and shall determine the merits of the appeal. The City Council may affirm, overrule or modify the decision of the Chief of Police, and its action thereon shall be final. The right to appeal to the City Council from the denial, suspension or revocation of any permit required by -7- this Chapter shall terminate upon the expiration of twenty -one (21) days following the deposit of a registered letter in the United States Post Office or personal service of said letter advising the applicant or permittee of the action of the Chief of Police and of the right to appeal such action to the City Council. 5.24.130 Private Patrolmen's Badges and Insignia. The Chief of Police or his agent shall inspect the badge and other insignia intended to be worn by the applicant. The badge or insignia shall not be of such a design as to be mistaken for any official badge or insignia worn by a law officer of any city, county or state agency. While engaged in the performance of his duties, a private patrolman shall wear the approved badge in a clearly visible manner. 5.24.140 Uniforms and Equipment. The Chief of Police • shall specify the police equipment, including weapons, which a private patrolman may carry while on duty, and shall prescribe or approve the type and character of uniform to be worn by private patrolmen. All private patrolmen shall be required to wear such uniform when on duty, and shall not use any equipment or weapons other than those specified by the Chief of Police. 5.24.150 Motor Vehicles. The Chief of Police shall prescribe or approve the type or character of identification markings or insignia 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, 5.24.160 Firearms Inspection. No private patrolman shall carry any firearm in the performance of his duties until such time as: 1. The firearm has been inspected and approved - 8- • L� by the Chief of Police, or his representative; and 2. The private patrolman has demonstrated his proficiency in the handling of firearms, to the satisfaction of the Chief of Police, or his representative. 5.24.170 Report of Change of Address. Any private patrolman or holder of a private patrol service permit who i changes his address shall file a written statement of his new address with the Chief of Police within five (5) days after such change. 5.24.180 Reports to Police. Every private patrol service operator and ever)� private patrolman shall immediately make a report to the Police Department of all violations of this Code and of state or federal law which come to his attention, with the exception of minor traffic offenses. 5.24.190 Authority to Make Rules and Regulations. The Chief of Police shall have the authority to make rules and regulations not inconsistent with this Chapter concerning private patrol services and private patrolmen. 5.24.200 Permits Nontransferable. Permits issued under this Chapter are not transferable. This section shall not be construed to 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. 5.24.210 Licenses and Fees Not Exclusive. Fees and permits required by this Chapter shall be in addition to any license, permit or fee required under any other Chapter of this Code." SECTION 2. This ordinance shall be'published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of AUG 2 $ 1972 1972, and was adopted on the day of QKp 1 1 1972, 1972, by the following vote, to wit: AYES, COUNCILMEN: McInnis, Rogers, Croul Kymla, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: Dostal Mayor ATTEST: i Iity Clerk CERT,IFI D AS THE ORIGINAL CITY CLERK OF THE C'Y NEWPOR EACH IRATE: .1..�7.._f....2..'L..� -s -10- DON:mh 8/10/72