means any person carrying on the business or occupation of
night watchman, night watch service, private police officer, or any
other occupation, the purpose of which is to afford additional police
or fire protection for hire or reward; provided that a watchman or
caretaker working for a single employer in a line of business other
than defined herein, shall not be subject to the provisions of this
chapter; and further provided that a person operating an armored car
service for transporting money or other valuable personal property
under guard, shall not be subject to the provisions of this chapter.
(Prior code § 3-8.01; Ord. 874 § 1, 1960)
No person, either as principal or agent, shall engage in the
business of maintaining or operating any private patrol service or
patrol system, without first obtaining a permit to do so issued by
the chief of the department of public safety and approved by the city
manager. The permit shall be issued for a period of one year upon
payment of a permit fee and upon compliance with the requirements
contained herein. The permit shall be carried at all times by the
person to whom it is issued, and shall be exhibited upon demand by
anyone. No permit issued hereunder shall be transferable by operation
of law, or otherwise. The chief of the department of public safety
shall issue a permit only after he or she has determined, that the
contents of the application are true, that the applicant is a fit
and proper person to carry on such business, that the applicant has
complied with this code and the laws of the state of California. Every
operator of an existing private patrol service or patrol system must
apply for and obtain a permit within thirty days after January 26,
1961.
(Prior code § 3-8.02; Ord. 874 § 1, 1960)
(a)
An
application for a permit shall be filed with the chief of the department
of public safety, who shall cause an investigation to be made concerning
it. The application shall be signed and verified by the applicant
and shall specify his or her name, business address, residence address
and the numbers of any telephones maintained by him or her, the location
of his or her last place of business, the name and character of said
business, and the length of time he or she was engaged therein, a
statement of whether the applicant has ever been convicted of a felony
or misdemeanor, and such other information as shall be deemed necessary
by the chief of the department of public safety and the city manager.
(b)
The
application must be accompanied by a surety bond, the form of which
shall be approved by the city attorney and the penal sum of which
must be two thousand dollars. The condition of each bond must be substantially
such that the principal therein named will faithfully conform to each
and all of the provisions of this code, and to each and all of the
laws of the state of California, whether then in force, or which may
thereafter be adopted, relating 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 of
Sunnyvale, and unto 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 two thousand dollars, applicant
shall furnish an additional bond to keep the liability at the minimum
of two thousand dollars.
(c)
If
the applicant intends to, or does, operate any motor vehicle in the
conduct of his or her business, he or she shall file with the city
clerk a policy or policies of insurance, carrying a ten-day cancellation
notice endorsed thereon, covering such motor vehicle, which the insurance
shall, as a minimum, include public liability coverage to the extent
of fifty thousand dollars for the death or injury of any person in
any one occurrence, one hundred thousand dollars for the death or
injury of two or more persons in any one occurrence, and property
damage coverage in the sum of ten thousand dollars. The insurance
policy shall apply to and cover, each and every vehicle maintained
by the applicant in furtherance of his or her business.
(d)
At
the time of filing an application, the applicant shall furnish to
the chief of the department of public safety his or her finger and
thumb prints and a recent passport type photograph of him or herself.
(e)
The
application may be denied if within the last five years the applicant
has failed to comply with a final court order or administrative action
of an investigatory agency finding a violation of applicable federal,
state and local wage and hour laws, including, but not limited to,
the Federal Fair Labor Standards Act, the California Labor Code, and
any local minimum wage ordinance or prevailing wage requirements.
For purposes of this subsection, a final court order or administrative
action is one as to which there is no pending appeal and the time
for filing an appeal has passed.
(f)
The
chief of the department of public safety shall report the results
of his or her investigation and his or her recommendation upon the
application to the city manager for approval prior to the issuance
of a permit.
(Prior code § 3-8.03; Ord. 874 § 1, 1960; Ord. 3133-18 § 2)
Prior to the employment of any person by a private patrol service
or patrol system, such person shall make written application to the
chief of the department of public safety for a license, setting forth
his or her name, address, physical description, whether he or she
has ever been convicted of a felony or misdemeanor, and such other
information as may be required. At the time of making an application,
a proposed employee shall also submit his or her finger and thumb
prints, a recent photograph, and a certificate from a reputable physician
licensed by the state of California, certifying that, in his or her
opinion, the proposed employee is not afflicted with any disease or
infirmity which makes him or her unsafe or unsatisfactory for the
performance of his or her duties. A fee shall be paid for the issuance
of a license. The chief of the department of public safety shall issue
a license approving employment of the proposed employee only after
he or she has determined that the proposed employee is of the age
of twenty-one years or over, that the contents of the application
are true, that the proposed employee is a fit and proper person to
engage in such activities, and that the proposed employee has complied
with the requirements of this section. The license shall be carried
at all times by the person to whom it is issued, and shall be exhibited
upon demand by anyone.
(Prior code § 3-8.04; Ord. 874 § 1, 1960)
(a)
The
chief of the department of public safety shall prescribe or approve
the style and type of uniform, if any, to be used by the private patrol
system or patrol service, for the purpose of maintaining a readily
apparent distinction from the uniforms worn by the regularly employed
public safety officers of the city of Sunnyvale.
(b)
No
equipment or motor vehicle shall be used in any business or activity
permitted hereunder except with the prior approval of the chief of
the department of public safety, who shall inspect such equipment
or motor vehicle to insure the maintenance of a readily apparent distinction
from the equipment and motor vehicles used by authorized law enforcement
agencies.
(c)
The
chief of the department of public safety 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
or patrol system.
(Prior code § 3-8.05; Ord. 874 § 1, 1960)
Any and all unusual occurrences observed while patrolling or
at any other time, by members of a private patrol service or patrol
system shall be reported to the city public safety department immediately.
It shall be the duty of such person to preserve the scene intact and
allow no moving, disturbing or otherwise interfering with the property,
persons, or things affected. Any violation of this section shall be
grounds for revocation of any permit or license issued hereunder.
(Prior code § 3-8.06; Ord. 874 § 1, 1960)
No rights, duties or privileges granted or permitted hereunder
shall be construed to create, permit or otherwise vest in the permittee,
or any licensee, any powers specially reserved to peace officers as
defined in the Penal Code of the state of California, as distinguished
from private citizens.
(Prior code § 3-8.07; Ord. 874 § 1, 1960)
(a)
A
permit or license issued under the provisions of this chapter may
be revoked by the chief of the department of public safety with the
approval of the city manager, if the holder thereof has violated any
of the provisions of this chapter, or the laws of the state of California,
or the United States, the violation of which reflects unfavorably
upon the fitness of the holder of the permit or license to offer a
private patrol service, or be employed in offering such service, or
has otherwise acted in such a manner as to demonstrate his unfitness
to offer such private patrol service, or to be employed in offering
such service. Additionally, the permit or license may be revoked if
the applicant has failed to comply with a final court order or administrative
action of an investigatory agency finding a violation of applicable
federal, state and local wage and hour laws, including, but not limited
to, the Federal Fair Labor Standards Act, the California Labor Code,
and any local minimum wage ordinance or prevailing wage requirements.
For purposes of this subsection, a final court order or administrative
action is one as to which there is no pending appeal and the time
for filing an appeal has passed.
(b)
Prior
to any such revocation the holder of the permit or license shall be
given notice of the proposed action, and shall be given an opportunity
to be heard.
If, within five days after such notice of proposed action has
been given to the holder, he requests a hearing on the proposed revocation,
a public hearing shall be held within thirty days after such request,
upon ten days' notice to all interested parties. The chief of
the department of public safety shall conduct the hearing, and if,
as a result thereof, such permit or license is ordered revoked, said
holder shall have the right, within five days after such order, to
appeal such action to the city council. The appeal shall be made by
filing with the city clerk, within the five-day period, a written
notice of appeal, which notice shall specify with particularity the
grounds upon which the appeal is made. The city council shall hear
the appeal at its next succeeding regular or adjourned regular meeting
held not less than ten days after the filing of such appeal, and the
decision of the city council shall be final.
(Prior code § 3-8.08; Ord. 874 § 1, 1960; Ord. 3133-18 § 2)
Fees required to be paid for any permit or license issued under this chapter shall be in addition to any fee required to be paid under Chapter 5.04 of this title and shall be fixed by resolution of the city council.
(Prior code § 3-8.09; Ord. 874 § 1, 1960)
