It is unlawful for any person to operate a patrol system or
act as a patroller, unless such person has first obtained a permit
or is listed on a permit as a patroller, as herein provided, and such
permit is in full force and effect.
(Prior code § 5-9.1)
"Patrol system"
shall mean any street patrol system furnishing street patrol
service or street patrol officers, herein referred to as patrolmen,
furnishing or purporting to furnish to members or subscribers, any
watchman or guard, either uniformed or otherwise, to patrol the streets
of the City for the purpose of guarding or watching any property or
performing any services or acts customarily performed by the Law Enforcement
Agency.
Patrol system shall also mean any person who agrees to furnish
or does furnish a watchman, guard, patroller or other person to protect
persons or property or to prevent the theft, unlawful taking, loss,
embezzlement, misappropriation or concealment of any goods, wares,
merchandise, money, bonds, stocks, notes, documents, papers or property
of any kind; or performs the service of such watchman, guard, patroller
or other person for any of said purposes.
|
The definition of patrol system as used herein shall not include
a person employed exclusively and regularly by only one employer in
connection with the affairs of such employer.
|
"Patroller"
shall mean an individual engaged in the act of guarding property
as the owner, member or employee of any patrol system.
(Prior code § 5-9.2)
Any person desiring to obtain a permit for a patrol system as required by Section
5.48.010 hereof shall make application therefor to the City Council. Each such application shall be accompanied by the fees provided for herein. Each such application shall be in writing, verified and shall set forth the following:
A. The
name, age and business address and residence of the applicant, if
a natural person, or if a corporation, its name, date and place of
incorporation and the names of its principal officers, or if a partnership,
association or fictitious company, the names of the partners or of
the persons comprising the association or company, with the place
of business and residence of each such partner or person.
B. A complete
description of any of the motor vehicles which the applicant proposes
to use, giving type of each vehicle, the name of the manufacturer
thereof, the license number, and the color scheme, name, monogram
or insignia to be used on each vehicle.
C. The
street number and exact location of the place or places where the
applicant proposes to perform any of its services.
D. The
name, age, citizenship, address, description and fingerprints of every
person applicant proposes to use or will use as a patroller within
the City.
E. Such
other information as the City Council may require.
(Prior code § 5-9.3)
Upon receipt of any application referred to in Section
5.48.030, the Council shall set the same for public hearing and give notice in writing of the date, time and place of the hearing to the applicant at least seven days before the hearing, said notice to be mailed to the address of the applicant as shown on the application.
The City Council shall make an investigation and receive testimony
and evidence at the above mentioned hearing and shall grant a permit
if it shall find:
A. That
the color scheme, monogram or insignia to be used upon any vehicle
is not in conflict with and does not imitate any color scheme, name,
monogram or insignia so as to be misleading or tend to deceive or
defraud the public, or that such color scheme, monogram, name or insignia
imitates those used by any law enforcement agency in the County of
Los Angeles.
B. That
applicant or any officer, manager or patroller of applicant has not
been convicted of a felony or any crime involving moral turpitude.
C. That
the operation of the applicant's patrol system would not interfere
or conflict with the operation or conduct of the law enforcement activities
of the Sheriff of Los Angeles County or any other law enforcement
agency of the City.
D. That
the operation of the applicant's patrol system would not be contrary
to the public welfare, safety or morals.
E. That
each patroller of applicant is of good moral character and temperate
habits, a citizen of the United States, and at least 21 years of age.
(Prior code § 5-9.4)
Any permit to operate a patrol system shall be limited to the applicant and to those patrolmen of the applicant designated in the permit. Any patrol system desiring to employ or use a patroller not authorized by its permit shall file an application for such patroller with the Chief of Police. Such application shall be in writing, verified, and shall contain the information as set forth in Section
5.48.030(D) and
(E).
Upon receipt of such application the Chief of Police shall make
an investigation and shall authorize the applicant's use of the patroller
and the inclusion of the patroller on the applicant's permit if he
or she shall find:
A. That
the patroller has not been convicted of a felony or of a crime involving
moral turpitude.
B. That
the patroller is over 21 years of age, a citizen of the United States,
and of good moral character and temperate habits.
(Prior code § 5-9.5)
Each patroller shall at all times carry on his/her person while
acting in his/her capacity as a patroller an identification card which
shall be issued to him/her by the City.
(Prior code § 5-9.6)
The City Council may revoke or suspend, for a period not to
exceed six months, any permit as to any individual patroller or of
any patrol system upon any of the following grounds:
A. That
the patrol system or the patroller have violated the provisions of
this Code or the laws of the State of California.
B. That
the patrol system or any officer or manager thereof have been convicted
of a felony or of a crime involving moral turpitude.
C. That
the patroller has been convicted of a felony or of a crime involving
moral turpitude.
D. That
the patrol system has conducted or operated its business in the City
in a form or manner contrary to the public welfare, safety or morals.
E. That
the patrol system, in the conduct of its business or patrol, has interfered
with the law enforcement activities of the Sheriff of Los Angeles
County or any other law enforcement agency of the City.
F. That
the permit was granted on false or fraudulent testimony or that the
application which was filed contained false or fraudulent statements
or information.
(Prior code § 5-9.7)
No permit of a patrol system or as to any individual patroller
shall be revoked or suspended until such time as either the patrol
system or the patroller have had a public hearing before the City
Council. A written statement of the alleged charges or grounds constituting
the cause for revocation or suspension shall be served on the patrol
system, and in the case of an individual patroller, on the patroller
and his/her employing patrol system. Such written statement shall
be served by mail, postage prepaid on the patrol system and patroller,
addressed to the address of the patrol system and patroller as such
address appears on the permit issued by the City. Such notice shall
be mailed at least 15 days prior to the date set for the public hearing.
(Prior code § 5-9.8)
The following fees will be payable to the City of Bellflower:
A. An application
fee to be paid at the time any application for a permit to operate
a patrol system is filed.
B. An application
fee to be paid at the time any application for authorization to add
any patroller to an existing permit is filed.
C. An annual
permit fee payable on or before January 10 of each year.
Except as otherwise provided by applicable law, all fees applicable
to this chapter, excluding business license taxes and fees, will be
established by City Council resolution. Such charges will be determined
by the department and be based on the actual cost incurred by the
City in providing services. Such service charges will include, without
limitation, charges for labor, supervision, overhead, administration
and the use of any and all City equipment, and supplies.
|
(Prior code § 5-9.9; Ord. 1336 § 10, 5/8/17)