HomeMy WebLinkAbout1081 - Private Patrol Service2
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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
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