Editor’s Note: In this Chapter the word "Sheriff" is changed
to "Chief of Police" and the words "Sheriff’s Office" and "Sheriff’s
Department" are changed to "Police Department" pursuant to the St.
Charles County Charter Article IV, Sections 4.250 and 4.1300, as amended
in 2012 and effective 1-1-2015, and St. Charles County Ord. No. 15-012,
Section 2, adopted 1-26-2015.
[Ord. No. 01-002 §1, 1-8-2001]
The following words, when used in this Chapter, shall have the
meanings ascribed to them in this Section:
DETECTIVE AGENCY
Any person engaged in the detective business, for hire, who employs one (1) or more persons as employees, assistants, clerks, bookkeepers or operatives in his business; provided, that persons engaged in such business, whose employees, other than office employees, are in full uniform, shall not be classed as a detective agency, but shall be regulated by the requirements of St. Charles County Code Sections
605.010—
605.180 concerning Private Watchmen and Security Guards.
DETECTIVE BUSINESS
The business of making, for hire, an investigation for the
purpose of obtaining information with reference to any of the following
matters: Crimes against any commonwealth or wrongs done or threatened;
the habits, conduct, movements, associates, transactions, reputation
or character of persons; the credibility of witnesses or other persons;
the location or recovery of lost or stolen property; securing evidence
to be used before authorized investigating committees, boards of award
or arbitration, or in the trial of civil or criminal cases; the causes,
origin or responsibility for fires or accidents, or injury to real
or personal property; or strikes and labor difficulties. The definition
shall not include the service of process, but shall include persons
who offer their services in return for compensation for the personal
protection of individuals, executives or public persons.
ENGAGE IN THE BUSINESS OF PRIVATE DETECTIVE
Any person who hires himself out to conduct the business
of a private detective and who, in so holding himself out, identifies
himself as doing business in the unincorporated area of St. Charles
County. That identification may be by address, telephone or fax.
PRIVATE DETECTIVE
A person engaged in the detective business for hire, who does not employ or use any employees, assistants, clerks, bookkeepers or operatives. The term shall not include the service of process or persons in full uniform regulated by St. Charles County Code Sections
605.010—
605.180 concerning Private Watchmen and Security Guards.
[Ord. No. 01-002 §2, 1-8-2001]
No person shall engage in the business of private detective
in the unincorporated area of St. Charles County, nor shall any detective
agency be established, conducted, maintained or operated in the unincorporated
area of St. Charles County, without having first obtained a license
to do so as provided in this Chapter. The Chief of Police may establish
a fee for the cost of such license so long as the fee does not exceed
the cost of issuance.
[Ord. No. 01-002 §3, 1-8-2001; Ord. No. 13-001 §5, 1-3-2013; Ord.
No. 13-050 §5, 6-28-2013]
A. Any
person intending to establish or conduct the business of a private
detective or a detective agency in the unincorporated area of St.
Charles County shall file a written application for a license which
shall contain the following:
1. If the applicant is a person, the application shall be signed and
verified by the person, and if the applicant is a firm or partnership,
the application shall be signed and verified by each individual composing
or intending to compose the firm or partnership. The application shall
state the full name, age, residence, present and previous occupations,
covering a period of five (5) years prior to the application, of each
person or individual so signing the same and shall show that he is
a citizen of the United States. The application shall also give the
location of the office in the unincorporated area of the County, and
if there is more than one (1) office, the location of each of same
and facts sufficient to show the good character, competency and integrity
of the person so signing the application. The application shall be
approved as to each person so signing by not less than five (5) citizens,
each of whom shall certify that he has personally known the applicant
for a period of at least five (5) years prior to the filing of the
application, that he has read the application and believes each of
the statements made therein to be true, and that the person is honest,
of good character, competent and not related or connected to the person
so certifying by blood or marriage. The certificate of approval shall
be signed by each of the citizens and duly verified before an officer
authorized to administer oaths.
2. If the applicant is a corporation, the application shall be signed and verified by the president, secretary and treasurer thereof and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business in the County, and shall be accompanied by a copy of its certificate of incorporation. Each and every requirement of Subsection
(1), as to a person or the individual members of a firm or partnership, shall apply to the president, secretary and treasurer of the corporation, and each of the officers, his successor or successors shall, prior to the entering upon the discharge of his duties, sign and verify a like statement, approved in like manner, as is by Subsection
(1), prescribed in the case of a person or individual member of a firm or partnership. In the event of the death, resignation or removal of any officer, due notice of that fact shall forthwith be given in writing to the Chief of Police.
3. Upon the filing of the application with the Chief of Police, he shall
investigate the application and the matters and things stated and
within fifteen (15) working days after the receipt thereof by him,
shall render a decision on the application.
4. Every applicant shall provide on the application the information
that the applicant, if he be a person, has acquired appropriate errors
and omissions insurance in the amount of two hundred fifty thousand
dollars ($250,000.00), or in the case of a firm, company, partnership
or corporation, errors and omissions insurance in the amount of five
hundred thousand dollars ($500,000.00).
5. An applicant who is currently employed by a governmental law enforcement
agency as a Commissioned Police Officer of the State of Missouri or
employed by a fire district or department within the State of Missouri
may be licensed for secondary employment as a private detective during
the term of his employment with such law enforcement agency or fire
department upon presentation of evidence of his current employment
and the proper proof of insurance as set out above. Each officer or
fireman must have secondary employment approval by his employing department
to the extent required by that department's policies and procedures.
a. During the one (1) year term of the license, all licenses granted
under this provision cease to be valid simultaneously with termination
of commissioned status for Law Enforcement Officers or with termination
of employment for fireman.
b. Responsibilities and obligations when performing in the licensed
status shall be those applicable to the licensed function being performed,
except that nothing in this provision shall diminish or enlarge upon
the duties and responsibilities of Peace Officers as provided for
by applicable law or the applicable department's regulations.
[Ord. No. 01-002 §4, 1-8-2001]
If it appears from an examination of the application and the
report and recommendation of the Chief of Police that the applicant
is of approved competency and integrity, and has not had his license
as a private detective revoked or limited in another jurisdiction,
the Chief of Police shall issue and deliver to the applicant a license
to engage in the detective business in the County. The license certificate
shall be in a form to be prescribed by the Chief of Police and shall
specify the full name of the applicant, the location of the place
of business of the applicant, the date on which it is issued, and
the date on which it will expire.
[Ord. No. 01-002 §5, 1-8-2001]
All licenses shall expire on the thirtieth (30th) day of April
following the date of issue. The fee for each license issued shall
be collected in full at the time of the issuance and delivery thereof.
[Ord. No. 01-002 §6, 1-8-2001]
When a license shall have been granted to any person to engage
in the business of private detective, or to establish, maintain or
conduct a private detective agency as provided in this Chapter, any
license shall be renewed after its expiration merely on the application
of the licensee, except in the case of a licensee whose license shall
have been revoked, the license may not be renewed.
[Ord. No. 01-002 §7, 1-8-2001]
Licenses may be issued at any time during the license year upon
compliance with all the provisions of this Chapter and the payment
of the full fees herein prescribed. No license granted under this
Chapter shall be transferable.
[Ord. No. 01-002 §8, 1-8-2001]
A. The
license provided for by this Chapter shall be revoked by the Chief
of Police upon hearing duly had pursuant to the requirements herein,
for any of the following reasons:
1. If it shall appear that the licensee has knowingly violated any of
the provisions of this Chapter;
2. If it shall appear that the licensee has knowingly instructed any
employee to violate any of the provisions of this Chapter;
3. If it shall appear that the licensee has knowingly made a false report
in respect to any of the matters in which the applicant may be employed;
4. If it shall appear that the licensee has divulged any information
which he acquired from or for his client to any person other than
his client, except when authorized by his client to divulge the information,
or as he may be required to do by law;
5. If it shall appear that the licensee has knowingly and willfully
sworn falsely in any judicial proceeding, or suborned perjury therein;
6. If it shall appear that the licensee has knowingly permitted any
employee to make a false report or has knowingly permitted any employee
to divulge any information acquired from or for his client;
7. If it shall appear that the licensee has accepted money or gratuities
from any person whose affairs he may have been employed by any other
person to investigate;
8. If it shall appear that the licensee has, or knowingly permitted
any employee to make a false statement to induce any person, business,
firm, corporation or other entity to hire the licensee.
B. In the event that a hearing shall establish that any co-partner or any person, member of a firm or any officer of a corporation holding a license hereunder has done any of the things set forth in the foregoing Subsections
(A)(1—
8), then the Chief of Police shall revoke the license of the person, partnership, firm or corporation.
[Ord. No. 01-002 §9, 1-8-2001]
A. The
Chief of Police shall appoint a hearing officer who shall abide by
the following procedural rules while taking evidence at hearings:
1. Introduction of evidence. The hearing officer shall
abide by the following in the introduction of evidence:
a. Any interested person may introduce evidence so long as it complies
with these rules and the fundamental rules of evidence.
b. Oral evidence shall only be taken in compliance with Section
120.100 of the Ordinances of St. Charles County.
c. All proceedings shall be suitably recorded and preserved. A copy
of the transcript of such proceeding shall be made available to any
interested person upon the payment of a fee which shall in no case
exceed the reasonable cost of preparation and supply.
d. Records and documents may be introduced so as to be a part of the
record, but the records and documents may be considered as a part
of the record by reference thereto when so offered.
e. The hearing officer shall take official notice of the St. Charles
County Charter and ordinances and all matters of which the courts
take judicial notice. The hearing officer may also take official notice
of technical or scientific facts, not judicially cognizable, within
his competence, if he notifies the parties, either before the hearing
or during the hearing of the facts of which he proposes to take such
notice and give the parties reasonable opportunity to contest such
facts or otherwise show that it would not be proper for the hearing
officer to take such notice of them.
f. Copies of writings, documents and records shall be admissible without
proof that the originals thereof cannot be produced, if it shall appear
by testimony or affidavit or certification by the custodian of the
writings, documents or records that the copy offered is a true copy
of the original.
g. Any writing or record, whether in the form of an entry in a book
or otherwise, made as a memorandum or record of an act, transaction,
occurrence or event shall be admissible as evidence of the act, transaction,
occurrence or event, if it shall appear that it was made in the regular
course of any business, and that it was the regular course of such
business to make such memorandum or record at the time of such act,
transaction, occurrence or event or within a reasonable time thereafter.
All other circumstances of the making of such writing or record, including
lack of personal knowledge by the entrant or maker, may be shown to
affect the weight of such evidence, but such showing shall not affect
its admissibility. The term "business" shall include
business, profession, occupation and calling of every kind.
h. The results of statistical examinations or studies, or of audits,
compilation of figures, or surveys, including interviews with many
persons or examination of many records, or of long or complicated
accounts, or of a large number of figures, or involving the ascertainment
of many related facts shall be admissible as evidence of such results,
if it shall appear that such examination, study, audit, compilation
of figures, or survey was made by or under the supervision of a witness,
who is present at the hearing, who testifies to the accuracy of such
results, and who is subject to cross-examination by the Board or Commission,
and if it shall further appear by evidence adduced that the witness
making or under whose supervision such examination, study, audit,
compilation of figures, or survey was made was basically qualified
to make it. All the circumstances relating to the making of such an
examination, study, audit, compilation of figures or survey, including
the nature and extent of the qualifications of the maker, may be shown
to affect the weight of such evidence, but such showing shall not
affect its admissibility.
i. Any party desiring to introduce an affidavit in evidence at a hearing
must file the affidavit with the hearing officer not later than seven
(7) days prior to the hearing.
2. Witnesses. The hearing officer may accept the testimony
of witnesses provided that each witness takes the following oath:
"I do solemnly declare and affirm that I will tell the truth,
the whole truth and nothing but the truth in these proceedings under
the pains and penalties of perjury."
3. Duties and powers of the hearing officer. The following
shall be the general duties and powers of the hearing officer.
a. The hearing officer may adopt rules of procedure consistent with
the provisions of any departmentally adopted rules or any Federal
and State law and the St. Charles County Charter and ordinances at
the outset of the hearing.
(1)
The rules adopted by the hearing officer must be deemed necessary
by him to conduct the hearing and must be stated in the record.
(2)
In the event that the Chief of Police has not adopted Rules
of Procedure or where the hearing officer's own Rules of Procedure
are lacking, the hearing officer shall follow Robert's Rules of Order.
b. Each hearing officer shall keep a record of all proceedings.
(1)
The record must be approved by the hearing officer and signed
by him.
(2)
Within thirty (30) days following the record being signed by
the hearing officer, the hearing officer shall file with the Chief
of Police a record of its proceedings.
[Ord. No. 01-002 §10, 1-8-2001]
Immediately upon the receipt of a license issued by the Chief
of Police pursuant to this Chapter, the licensee named therein shall
cause the license certificate to be posted up and at all times displayed
in the conspicuous position in his place of business, so that all
persons visiting the place may readily see the same. In case of revocation,
the license certificate shall be surrendered to the Chief of Police
within five (5) days after notice in writing to the holder has been
given that the license has been revoked.
[Ord. No. 01-002 §11, 1-8-2001]
If it shall be established to the satisfaction of the Chief
of Police in accordance with the rules and regulations prescribed
by him, that an unexpired license certificate issued in accordance
with the provisions of this Chapter has been lost or destroyed, without
fault on the part of the holder, the Chief of Police shall issue a
duplicate license certificate for the unexpired portion of the period
of the original license.
[Ord. No. 01-002 §12, 1-8-2001]
If the holder of an unexpired license issued pursuant to this
Chapter shall remove his office, he shall, within twenty-four (24)
hours immediately following the removal, give written notice of removal
to the Chief of Police, which notice shall describe the premises to
which the removal is made and the date on which it was made, and he
shall send his license certificate to the Chief of Police, who shall
write or stamp, over his signature, a statement to the effect that
the holder thereof, on the date stated in the written notice, removed
his office from the place originally described in the license certificate
to the place described in the written notice. The license certificate
with the endorsement thereon shall be returned to the licensee named
therein.
[Ord. No. 01-002 §13, 1-8-2001]
Nothing in this Chapter shall apply to any Peace Officer belonging
to the Police force of the State, or of any County, City, Town, Village
or other municipal corporation thereof, appointed or elected by due
authority of law, nor to any person in the employ of any Police Force
or Police Department of the State or of any County, City, Town, Village
or other municipal corporation thereof, while engaged in the performance
of his official duties, nor to any person in the employ of any Fire
Marshal, or Fire Department of the State or of any County, City, Town,
Village or other municipal corporation thereof, while engaged in the
performance of his official duties, nor to any State's Attorney or
any person in the employ of any State's Attorney while engaged in
the performance of his official duties.
[Ord. No. 01-002 §14, 1-8-2001]
The holder of an unexpired license for a detective agency issued
pursuant to this Chapter may employ, to assist him in his work and
in the conduct of his business, as many persons as he may deem necessary
and shall at all times during such employment be accountable for the
good conduct in the business of each and every person so employed.
Any person so in the employ of the holder of a license for a detective
agency need not be the holder of a license certificate issued pursuant
to the provisions of this Chapter.
[Ord. No. 01-002 §15, 1-8-2001]
A. Private
detectives or detective agencies with a place of business not located
in unincorporated St. Charles County as well as those so licensed
herein shall notify the Police Department of their presence in St.
Charles County whenever they are engaging in surveillance or similar
activity.
1. Notice may be made by written, personal or telephonic means.
2. If notice is made in writing, the notice shall be directed to the
Chief of Police at 101 Sheriff Dierker Court, O'Fallon, Missouri,
63366.
3. If notice is made in person, it shall be made to the Watch Commander
in the Patrol Division, Bureau of Field Operations.
4.
Telephonic notice shall be made to the Watch Commander or the
Captain of the Bureau of Field Operations directly or through the
Police Department dispatchers in the Department of Emergency Communications
who will provide the information to the Watch Commander.
[Ord. No. 15-083 §4, 9-8-2015]
5. Failure to provide notice shall result in a warning on the first
(1st) offense and a fine of one hundred dollars ($100.00) per offense
thereafter.
[Ord. No. 01-002 §16, 1-8-2001]
No person who is or has been an employee of a holder of a license
for a detective agency granted under the terms of this Chapter shall
divulge to anyone other than his employer, except as he may be required
to by law, any information acquired by him during employment in respect
to any of the work to which he shall have been assigned by the employer,
or any information obtained by him in the employer's service. No person
who is an employee of a holder of such a license shall make any false
reports or account to the employer.
[Ord. No. 01-002 §17, 1-8-2001]
It shall be unlawful for any person to act as or hold himself out as a private detective for hire within the County, or for any person to solicit, engage in or to hold out himself as being engaged in the business of furnishing or supplying of private detectives within the County, unless the person is licensed under this Chapter or is regularly employed by a duly licensed private detective; provided however, that this Chapter shall not apply to Peace Officers or fire investigators employed by a Federal, State, County or local political subdivision while engaged in their official duties or to secondary employment by such persons as private Policemen or watchmen, or other persons engaged only in the business of doing private Police duty and not in the detective business. Nothing in this Chapter shall negate the licensing requirements set forth in St. Charles County Ordinance Sections
605.010—
605.180 concerning Private Watchmen and Security Guards.
[Ord. No. 01-002 §18, 1-8-2001]
Violation of the provisions of this Chapter shall, upon conviction,
be punishable by a fine of not more than five hundred dollars ($500.00)
for each offense, and each day such violation exists shall be deemed
a separate offense.
[Ord. No. 01-002 §19, 1-8-2001]
Enforcement of the criminal penalties Section shall be the responsibility
of the County Counselor's office.