For the purpose of this chapter, "patrol system" and "patrol
service" mean any service or system which furnishes to members, subscribers
or private individuals or residents, for a consideration, any patrolman,
guard or watchman, either uniformed or otherwise, to patrol or guard
any district or to act to salvage, guard or protect any property from
theft, damage, fire or other hazard.
(Ord. 171 § 1; 1953 Code § 4100)
No person, either as principal, owner or agent, shall engage
in the business of conducting or maintaining any patrol service or
patrol system, or patrol any district in this city without first obtaining
a permit from the city.
(Ord. 171 § 6; 1953 Code § 4111)
Such permit shall be in effect as long as the permittee pays his city license fee as required in Chapter
5.08 of this title or until revoked or until the permittee fails to comply with the terms of this chapter.
(Ord. 171 § 5; 1953 Code § 4112; Ord. 850 § 3, 1975)
Every person, firm or corporation, as herein provided, conducting
or operating any patrol service or patrol system, or patrolling any
district in this city, shall pay a permit fee. The fee shall be set
by resolution of the city council, and shall be revised periodically
to reflect changes in the cost of permit issuance, as is payable in
advance.
(Ord. 171 § 5; 1953 Code § 4113; Ord. 1006 § 1, 1981)
No permit granted under this chapter shall be construed to obviate
the necessity for obtaining a license to conduct such business from
the state of California or any department, division or board or commission
thereof.
(Ord. 171 § 2; 1953 Code § 4114)
Before any person shall engage in the business of conducting or maintaining any patrol service or patrol system, or of patrolling any district in this city, he shall make an application in writing to the city manager for permission to act or engage in such business, and describe therein the district in which he or it desires to operate; provided, that an individual watchman or caretaker working for a single employer in a line of business other than that defined by Section
5.32.010 shall not be subject to the terms of this chapter.
(Ord. 171 § 2; 1953 Code § 4121; Ord. 850 § 3, 1975)
The application shall be made to the city manager who shall
cause an investigation to be made concerning the conditions prevailing
within the district designated in any such application, whether already
supplied with sufficient patrol service, patrol system, guard or watchman,
and shall see that the applicant has complied with all of the requirements
of the following sections.
(Ord. 171 § 2; 1953 Code § 4122; Ord. 850 § 3, 1975)
The application shall be signed and verified by the applicant,
and shall specify his name, business address, residence address and
the numbers of any telephones maintained by him, the length of his
residence in Laguna Beach, the location of his last place of business,
and the name and character of said business, and the length of time
he was engaged therein, and the names and addresses of three persons
residing within this city as references.
(Ord. 171 § 2; 1953 Code § 4123)
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 one thousand dollars.
(Ord. 171 § 2; 1953 Code § 4124)
The conditions of each bond must be substantially such that
the principal therein named will faithfully conform to each and all
ordinances of the city, and to each and all laws of the state of California,
whether then in force of which may thereafter be adopted, relating
to the business of applicant.
(Ord. 171 § 2; 1953 Code § 4124.1)
The principal and sureties named in said bond, and their successors
and assigns, shall be jointly and severally bound unto the city, and
unto any and every person, firm or corporation aggrieved or damaged
by the breach of the conditions of said bond; and said 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 who penalty is exhausted.
(Ord. 171 § 2; 1953 Code § 4124.2)
In the event that the total liability of the sureties upon such
bond falls below one thousand dollars, the applicant shall furnish
an additional bond to keep the liability at a minimum of one thousand
dollars.
(Ord. 171 § 2; 1953 Code § 4124.3)
If the applicant intends to or does operate any motor vehicles
in the conduct of his business, he shall file with the city clerk
an insurance policy or policies covering such motor vehicle or motor
vehicles, which insurance shall include public liability to the extent
of five thousand dollars for the death or injury or one person, ten
thousand dollars for the death or injury of two or more persons, and
property damage in the sum of two thousand dollars on each such motor
vehicle so used.
(Ord. 171 § 2; 1953 Code § 4125)
If satisfied that the statements and references contained in
the application are true, and that the applicant is a fit and proper
person to carry on such business, and if this application has been
approved as hereinafter provided, and upon the applicant's compliance
with all the requirements of this chapter, the council shall cause
to be issued to the applicant a permit hereunder.
(Ord. 171 § 2; 1953 Code § 4131)
All permits shall be issued only after being approved and countersigned
by the chief of police.
(Ord. 171 § 4; 1953 Code § 4132)
In the event the applicant desires to maintain a fire patrol,
his application shall not be granted until approved by the chief of
the fire department.
(Ord. 171 § 4; 1953 Code § 4133)
Each of said officers shall approve such permit only after he
has determined that the applicant therefor has complied with the city
ordinances and state laws subject to enforcement by him and applicable
to the business of applicant.
(Ord. 171 § 4; 1953 Code § 4134)
The permit holder shall file with the chief of police, prior
to the employment of any person or persons, the description, photograph
and fingerprints of such proposed employee, accompanied by at least
two letters of recommendation.
(Ord. 171 § 3; 1953 Code § 4141)
Any person employed by a license holder shall be approved by
the chief of police before being regularly employed, said employee
to be removed for any reasonable cause offered by the chief of police,
and found to exist by the council.
(Ord. 171 § 3; 1953 Code § 4142)
The style of uniforms, if any, to be used by the patrol system,
patrol service, guards or watchmen shall not be similar in appearance
to those worn by regular city police officers.
(Ord. 171 § 3; 1953 Code § 4143)
In the event that any person holding a permit under this chapter,
in the judgment of the city manager, violates, or causes or permits
to be violated, any of the provisions of this chapter, or fails to
comply with any ordinance or state law applicable to his business,
the city manager may suspend or revoke his permit.
(Ord. 171 § 7; 1953 Code § 4151; Ord. 850 § 3, 1975)
No permit under this chapter shall be suspended until twenty-four
hours after written notice to the holder thereof, which notice may
be left at his place of business or at his residence.
(Ord. 171 § 7; 1953 Code § 4152)
Such notice shall state the grounds of suspension.
(Ord. 171 § 7; 1953 Code § 4152.1)
No permit shall be revoked until a hearing has been had by the
city manager, in the matter of the revocation of such permit, notice
of which hearing shall be given in writing and served at least five
days prior to the date of the hearing, upon the holder of such permit,
his manager or agent, which notice shall state the ground of complaint
against the holder of such permit, and shall also state the time and
place where such hearing will be had.
(Ord. 171 § 7; 1953 Code § 4153; Ord. 850 § 3, 1975)
Such notice shall be served upon the holder of such permit,
or agent, by delivering the same to such person, or to his manager
or agent, or by leaving such notice at the place of business or residence
of such holder, with some adult person.
(Ord. 171 § 7; 1953 Code § 4154)
If the holder of such permit cannot be found and service of
such notice cannot be made upon him in the manner herein provided,
then a copy of such notice shall be mailed, postage fully prepaid,
addressed to such holder of such permit at such place of business
or residence at least five days prior to the date of such hearing.
(Ord. 171 § 7; 1953 Code § 4155)
The time of such notice may be shortened by the council with
the written consent of the holder of the permit.
(Ord. 171 § 7; 1953 Code § 4156)
Any person aggrieved by any administrative decision made under this chapter may, upon the payment of a fee to be established by resolution or minute order, appeal the decision to the city council. The city council may also review any such decision on its own motion. The procedures for filing and hearing such appeals and reviews are set forth in Chapter
2.02 of this code, incorporated herein by reference.
(Ord. 850 § 3, 1975)