[R.O. 1992 § 630.010; Ord. No. 18-11960, 12-17-2018[1]]
For the purpose of this Chapter,
the following definitions and rules of construction shall apply:
Any person employed or retained in any manner, who is provided,
required, or allowed to carry any firearm defined as such by Chapter
571, Revised Statutes of Missouri, as amended. Nothing herein shall
be construed to permit carrying of concealed weapons.
The Chief of Police or the Chief's designated subordinates.
Includes a plea of guilty or a finding of guilty followed
by a suspended imposition of sentence.
Any person who furnishes the services of another for the
purposes of protection of property. The term shall include those who
promote such services.
Any patrol, guard or watchman service business which furnishes
the services of an armed guard to another person or which employs
an armed guard in performing services for another person.
Any person employed by a patrol, guard or watchman service
for the purpose of protecting property, who is unarmed while performing
such duties.
[R.O. 1992 § 630.020; Ord. No. 18-11960, 12-17-2018]
No person shall operate as an armed
guard or as a security guard in the City without first obtaining a
license from the Washington Police Department.
[R.O. 1992 § 630.030; Ord. No. 18-11960, 12-17-2018]
A.
Nothing in this Chapter shall be construed
as applying to an armed guard or security guard who is only temporarily
in the City, provided that he/she is not present as an armed guard
or security guard within the City more than fourteen (14) days within
any six-month period.
B.
Nor shall this Chapter apply to any bona
fide Law Enforcement Officer of an agency on the training approved
list as certified by the Chief and on file in his/her office.
C.
Any person who performs security guard
services as a part of his/her regular duties in the course of his/her
normal employment and whose employer is not a patrol, guard or watchman
service shall be exempt from the provisions of this Chapter.
[R.O. 1992 § 630.040; Ord. No. 18-11960, 12-17-2018]
A.
Application for armed guard and security
guard licenses shall be made upon blank forms prepared and made available
by the Washington Police Department and shall state:
1.
The full name, age, residence, present
and previous occupations of applicant;
2.
A specific description of the location
of the principal place of business of the applicant;
3.
The extent of training and experience
the applicant has had with firearms, if the applicant is seeking an
armed guard license;
4.
The length of time applicant has
been a bona fide citizen of the United States and a resident of the
State of Missouri immediately preceding the filing of the application;
5.
A specific description and if available,
a picture or duplicate of the uniform, badge, shoulder patch, identification
card and any logo or insignia to be used by applicant;
6.
Such other information as the Chief
shall find reasonably necessary to effectuate the general purpose
of this Chapter and to make a fair determination of whether the terms
hereof have been complied with.
B.
Applications required hereunder shall be accompanied by the applicable fee as set forth in Section 630.055.
C.
Applications shall be accompanied by a
full set of fingerprints made by an approved law enforcement agency
and a photograph. The applicant shall also provide a current criminal
record check obtained from the Missouri Highway Patrol Criminal Records
section.
[R.O. 1992 § 630.050; Ord. No. 18-11960, 12-17-2018]
A.
Security guard license applicants shall
be at least eighteen (18) years of age; armed guard license applicants
shall be at least twenty-one (21) years of age.
B.
Armed guard license applicants and security
guard license applicants have the burden of demonstrating good moral
character. If an applicant has been convicted of a felony within the
past ten (10) years or any ordinance violation involving theft, violence,
drugs or sexual abuse within the past five (5) years, the Chief may
deny the license after considering the nature of the crime committed
in relation to the license sought, the conduct of the applicant since
the violation and other evidence as to the applicant's character.
C.
Any person applying for an armed guard
license shall be determined by the Chief to have met or exceeded adequate
standards for firearms safety, knowledge of the law with regard to
the use of firearms, and firearms skills commensurate with public
safety. Such determination shall be based on the following criteria:
Have, within the last calendar year
passed with a score of at least seventy percent (70%) on each section
of a test provided by and administered by the Chief said test to include
written sections on firearms safety, firearms law, and firearms skills
and a shooting section on firearm safety and firearms skills, and
a qualifying course of fire, the standards of which shall be set out
in regulations promulgated by the Chief. The handgun and ammunition
used in the qualifying course of fire shall be the same as the handgun
and ammunition that will be carried while the applicant is performing
his/her duties as an armed guard.
[R.O. 1992 § 630.051; Ord. No. 18-11960, 12-17-2018]
The above described test shall be
provided by and administered by the Chief within thirty (30) calendar
days of the application for license.
[R.O. 1992 § 630.052; Ord. No. 18-11960, 12-17-2018]
The Chief shall act upon each application
under this Chapter and, if disapproved, he/she shall notify the applicant
within seven (7) calendar days of his/her action stating the reasons
for denial of the license and include a copy of test results.
[R.O. 1992 § 630.053; Ord. No. 18-11960, 12-17-2018]
A.
Any person aggrieved by the denial of any
license issued under this Chapter shall have the right to appeal the
decision pursuant to the following procedure:
1.
Attend a hearing held with the Chief,
City Attorney and City Administrator to present the argument against
denial. Said hearing to be held within fifteen (15) days of the filing
for appeal. Findings of this hearing shall be final.
[R.O. 1992 § 630.054; Ord. No. 18-11960, 12-17-2018]
If a person shall meet or exceed the standards described in Section 630.050 above, the Chief may not deny that individual a license based on the criteria set forth in said Section.
[R.O. 1992 § 630.055; Ord. No. 18-11960, 12-17-2018]
[R.O. 1992 § 630.056; Ord. No. 18-11960, 12-17-2018]
Each license issued hereunder shall
be valid for one (1) calendar year, or until a new license is issued,
whichever is sooner.
[R.O. 1992 § 630.057; Ord. No. 18-11960, 12-17-2018]
In the event that any information
is falsely given in an application for a license, or that a license
illicitly gained or retained, or if any licensee shall be or become
ineligible to possess a license under standards set out in this Chapter,
is found guilty of any charge involving the misuse of firearms, or
becomes manifestly or demonstrably incapable of meeting the safety,
law, or skills standards, or if a licensee shall willfully conceal
information or facts concerning such matters, or fails to maintain
the surety bond required hereunder, such license shall be subject
to immediate revocation. The Chief shall immediately give notice of
revocation and afford the licensee opportunity to be heard by the
Chief. The Chief is empowered to conduct ongoing investigations to
determine any licensee's continued fitness to hold any license issued
hereunder.
[R.O. 1992 § 630.058; Ord. No. 18-11960, 12-17-2018]
A.
Each person licensed hereunder shall carry
on his/her person at all times while on duty, and display upon request
of any Police Officer, a currently valid Armed Guard License. In the
event that a licensee comes into official contact with a Police Officer,
said guard shall display said license automatically and without request.
B.
No person issued a license hereunder shall
wear any uniform or insignia which is substantially similar to that
of any uniform of any law enforcement agency operating in Franklin
County, Missouri, nor shall any licensee hold himself/herself out
to be a member of any such law enforcement agency.
C.
Armed guards shall report to the Chief
the circumstances surrounding any discharge of firearms within the
territorial limits of the City of Washington within twenty-four (24)
hours.
[R.O. 1992 § 630.059; Ord. No. 18-11960, 12-17-2018]
A.
Any person/business who shall employ or
retain any armed guard or security guard who does not possess a current
license, or any person/business who shall conceal in any manner any
information or facts concerning the validity of any such license,
or any person/business who shall instigate, authorize, or allow the
use of firearms or ammunition other than the type with which the test,
upon which such license is based, was taken, shall be guilty of an
ordinance violation.
B.
Any armed guard or security guard who does
not have a valid armed guard or security guard license respectively
upon his/her person while on duty, shall be guilty of an ordinance
violation.
[R.O. 1992 § 630.060; Ord. No. 18-11960, 12-17-2018]
Any person found guilty of violating
any of the provisions of this Chapter shall, in addition to any other
penalty imposed, be ineligible for a period of thirty (30) calendar
days to apply for a new license.
[R.O. 1992 § 630.061; Ord. No. 18-11960, 12-17-2018]
A.
Armed guards, security guards and patrol,
guard or watchman services shall maintain general liability insurance
for damages in consequence of operating as armed guards security guards
or patrol, guard or watchman services in the minimum amount of five
hundred thousand dollars ($500,000.00) for all claims arising out
of a single occurrence. No armed guard, security guard or patrol,
guard or watchman service business license shall be issued by the
business license administrator until the applicant has presented to
the licensing authority a liability insurance policy or certificate
of insurance evidencing compliance with the insurance requirements
of this Section.
B.
Patrol, guard or watchman services which
provide insurance coverage for any armed guard or security guard employee
shall notify the business license supervisor whenever such an employee
leaves his/her employment with the patrol, guard or watchman service.
The notice required by this Subsection shall be given, in writing,
no later than three (3) business days after the employee leaves his/her
employment.
C.
Those holding armed guard, security guard
or patrol, guard or watchman service licenses shall maintain the requisite
insurance in effect at all times.
[R.O. 1992 § 630.062; Ord. No. 18-11960, 12-17-2018]
Armed guards licensed under this
Chapter are expressly prohibited from carrying, wearing or otherwise
possessing a rifle, shotgun, or any other projectile-type weapon except
a handgun while performing the duties of an armed guard. All handguns
used by armed guards shall be limited to the following calibre of
ammunition:
|
.38
|
|
.357
|
|
.380
|
|
.38 Super
|
|
9mm
|
|
.45 ACP
|
|
.40
|
