Editor's note - Ord. No. 73-20, § 1, adopted
June 6, 1973, amended this Code by changing the Title of Ch. 21. Formerly
the title read "Private Patrols."
Cross reference - Licenses and business regulations, Ch.
16.
As used in this chapter, the following words and phrases shall
have the meanings ascribed to them in this section.
shall mean the rules and regulations hereinafter provided
for that are either prepared by the chief of police and approved by
the council by resolution or made by the council by resolution.
shall mean the guarding, watching or patrolling of private
property by man, animal or device, except where performed for a single
owner by persons whose entire compensation is paid by such owner,
directly or indirectly.
shall mean any person who guards, watches or patrols as an
owner, agent, servant or employee of a street patrol service.
(Code 1957, § 2600; Ord. No. 73-20, § 2, 6-6-73)
Approved rules and regulations may:
(1)
Establish
manner of registering employees, animals clients. Fix the manner in
which street patrol services shall register the street patrol special
officers or animals acting for them and the persons whom they serve.
(2)
Designate
insignia, limit its use. Designate the insignia to be worn by the
street patrol special officers, and limit its use.
(3)
Regulate
use of uniform. Prohibit the use of street patrol special officers'
uniforms resembling official peace officers' uniforms.
(4)
Designate
arms, equipment. Designate the arms and equipment that a street patrol
special officer may carry.
(5)
Regulate
conduct. Otherwise regulate the conduct of street patrol service and
street patrol special officers so as to effectuate the general purpose
of this chapter.
(Code 1957, §§ 2651 - 2656; Ord. No. 73-20, § 3, 6-6-73)
It shall be unlawful for any employee of a state licensed private
patrol operator who is unable to furnish evidence of registration
pursuant to subdivision (f) of Section 7514 of the California Business
and Professions Code or for any person to perform or offer to perform
as a street patrol service or to act as a street patrol special officer
in this city unless licensed pursuant to this article.
(Code 1957, § 2611(1); Ord. No. 73-20, § 4, 6-6-73)
An application for a street patrol service license or a street
patrol special officer license shall be made to the chief of police
on forms provided by the chief, which shall be in a form fixed by
approved rules and regulations.
(Code 1957, § 2621; Ord. No. 73-20, § 5, 6-6-73)
No person shall make any false statement in an application for
a license required by this article.
(Code 1957, § 2611(3))
An application for a street patrol service license shall be
accompanied by a receipt from the director of finance showing the
payment of a tax of $25.
(Code 1957, § 2622; Ord. No. 73-20, § 6, 6-6-73)
An application for a street patrol special officer license shall
be accompanied by a receipt from the director of finance showing the
payment of a fee of $5.10.
(Code 1957, § 2622.1; Ord. No. 73-20, § 7, 6-6-73)
The tax for a license required by this article shall be returned
to the applicant for such license if the application is denied and
shall be paid into the general fund of the city if the license is
issued.
(Code 1957, § 2622.2)
No street patrol service license shall be issued by the chief
of police unless the applicant files with him a surety bond executed
by such applicant with two or more sureties, or by a surety company
authorized to do business in the state in the sum of $500 conditioned
for the careful, faithful and honest conduct of the business of street
patrol service.
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Cross reference - General bond requirements, § 2-2.
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(Code 1957, § 2641; Ord. No. 73-20, § 8, 6-6-73)
The bond required by section 21-19 shall be approved by the
city attorney as to form, execution and sufficiency of sureties.
(Code 1957, § 2642)
Every person licensed in accordance with this article shall,
at all times, maintain on file with the chief of police the surety
bond required by this article in full force and effect; and upon failure
to do so the license of such licensee shall be forthwith suspended
until such a bond is so placed on file.
(Code 1957, § 2644)
The bond required in section 21-19 shall be taken in the name
of the people of the state; and every person injured by the negligent,
wilful, malicious or wrongful act of the principal, his agent, servant
or employee, in the conduct of said street patrol service may bring
an action on the bond in his own name to recover damages for such
negligent, wilful, malicious or wrongful act.
(Code 1957, § 2643; Ord. No. 73-20, § 9, 6-6-73)
Unless the surety bond required by this article expressly provides
to the contrary, when any person obtains a judgment thereon, the bond
shall be deemed to have been reduced by the amount of the judgment
and the bond shall no longer be in full force and effect to that extent.
(Code 1957, § 2645)
The chief of police shall immediately suspend any street patrol
service license when the bond required by section 21-19 lapses, is
reduced by reason of a judgment thereon or for any other reason is
no longer in full force and effect.
(Code 1957, § 2661; Ord. No. 73-20, § 10, 6-6-73)
The chief of police shall investigate the character and qualifications
of all applicants for licenses required by this article.
(Code 1957, § 2623)
If the chief of police is satisfied that the applicant for a
license required by this article is of good moral character and qualified
to hold the license applied for, he shall issue the license, otherwise
he shall deny the application and notify the applicant of such denial
by notice mailed to him at the address given in his application.
(Code 1957, § 2623.1)
The chief of police's determination to issue the license required
by this article or deny the application therefor shall be final unless
the applicant, within 10 days of the date of mailing of the notice
of denial required in section 21-26, shall, in writing, request a
hearing thereon by the council.
(Code 1957, § 2624)
Upon receipt of a request for a hearing to review the denial
of an application for a license required by this article, the clerk
of the council shall set such request for hearing not later than 15
days therefrom, or at the next council meeting thereafter and mail
notice of the hearing to the chief of police and to the applicant
at the address shown on his request of hearing at least five days
prior to the date of the hearing.
(Code 1957, § 2624.1)
At a hearing to review the denial of an application for license
required by this article, the council shall hear the chief of police
and his witnesses and the applicant and his witnesses.
(Code 1957, § 2624.2)
After a hearing to review the denial of an application for a
license required by this article, the council shall, by resolution,
either sustain the chief of police's action or direct the chief to
issue the license applied for.
(Code 1957, § 2624.3)
All licenses issued pursuant to this article shall be for a
term of one calendar year.
(Code 1957, § 2631)
Licenses issued under this article cannot be transferred.
(Code 1957, § 2634)
Upon presentation by those persons licensed pursuant to this
article of a receipt from the director of finance showing the payment
of a renewal tax in the same amount as the tax on the original application,
the chief of police shall issue renewal licenses to all licensees
whose licenses have not been suspended at the time such licenses expired.
(Code 1957, § 2625)
Licenses for street patrol special officers shall set forth
the street patrol service for whom the street patrol special officer
is authorized to act.
(Code 1957, § 2632; Ord. No. 73-20, § 11, 6-6-73)
The chief of police may suspend any license issued in accordance
with this article for a violation of approved rules and regulations.
(Code 1957, § 2662)
A violation of approved rules and regulations by one licensed
pursuant to this article shall be grounds for suspension of such license.
(Code 1957, § 2657)
Suspension of a license required by this article may be for
a definite length of time or until the violation is avoided.
(Code 1957, § 2663)
The chief of police shall immediately notify any licensee, by
personal service, of the suspension of his license and inform the
council of his action.
(Code 1957, § 2664)
Any licensee whose license is suspended as authorized by this
article may, in writing, request a hearing thereon by the council.
(Code 1957, § 2665)
Upon receipt of a request for a hearing to review the suspension
of a license required by this article, the clerk of the council shall
set such request for hearing not later than 15 days therefrom, or
at the next council meeting thereafter, and mail notice of hearing
to the chief of police and to the licensee at the address shown on
his license at least five days prior to the date of the hearing.
(Code 1957, § 2665.1)
At a hearing to review the suspension of a license required
by this article, the council shall hear the chief of police and his
witnesses and the licensee and his witnesses.
(Code 1957, § 2666)
After the hearing to review the suspension of a license required
by this article, the council shall by resolution, either (1) sustain
the chief's action, (2) modify the terms of the suspension, or (3)
order the license reinstated.
(Code 1957, § 2667)
Changes in the boundaries of the territory within which a street
patrol service may operate and in the street patrol service for whom
a street patrol special officer is authorized to act shall be made
in the manner provided in approved rules and regulations.
(Code 1957, § 2633; Ord. No. 73-20, § 12, 6-6-73)
It is unlawful to act as a street patrol special officer for
a street patrol service other than the street patrol service his license
authorizes him to act for, unless so authorized by the chief of police.
(Code 1957, § 2611(2); Ord. No. 73-20, § 13, 6-6-73)
