Unless registered as hereinafter provided, it is unlawful for
any person, firm or corporation to manage, conduct or carry on the
business of a fixed patrol, or street patrol, in the city of South
San Francisco, or wilfully to hire the services of a fixed patrol,
or street patrol, unless said fixed patrol, or street patrol, is registered
as hereinafter defined.
(Ord. 913 § 1, 1982)
For the purpose of this chapter, the term “fixed patrol”
means a person, firm or corporation licensed by the state, who or
which agrees to furnish, or furnishes, a watchman, guard, patrolman
or other person to protect persons or property or to prevent theft,
unlawful taking, loss, embezzlement, misappropriation or concealment
of any goods, wares, merchandise, money, bonds, stocks, notes, documents,
papers or property of any kind, remains at a fixed location and does
not utilize the public streets during the course and scope of such
employment, except for incidental use of the streets by a fixed patrol
operator, or his employee, solely for the purpose of traveling from
one location owned or operated by a client to another location owned
or operated by the same client, or for the purpose of supervising
employees of a fixed patrol operator, or for incidental use of the
streets reasonably necessary to accomplish the purpose of the fixed
patrol service.
(Ord. 913 § 1, 1982)
For the purpose of this chapter, the term “street patrol” means any person, firm or corporation who furnishes or agrees to furnish, for any consideration whatsoever, any of the services enumerated in Section
6.62.020 of this chapter and utilizes the public streets to perform such services and is licensed by the state to perform such services or is employed by a person so licensed.
(Ord. 913 § 1, 1982)
For the purpose of this chapter, the term “person”
means an individual, corporation, copartnership, firm, association,
joint stock company or combination of individuals, of whatever form
or character, acting as a unit.
(Ord. 913 § 1, 1982)
A. Persons operating a street patrol business which is required to be registered pursuant to Section
6.62.010 of this chapter shall register with the chief of police on application forms provided therefor. The forms shall be verified, shall be accompanied by a receipt showing that the applicant has paid to the director of finance a nonrefundable processing fee in an amount set by resolution of the city council, and shall contain the following information:
1. The
true name and address and telephone number of the applicant and all
persons financially interested in the operation of the street patrol
business;
2. The
date, place of birth and citizenship of all such persons;
3. The
past criminal record, if any, of all such persons;
4. The
fingerprints of all such persons;
5. Evidence
that applicant is currently licensed under the applicable provisions
of the California
Business and Professions Code and the California
Administrative Code;
6. The
area of the city of South San Francisco, or the portion thereof, in
which the applicant proposes to provide street patrol service;
7. The
number and description of motor vehicles to be used by applicant;
8. The
description and serial number of the firearms to be used by applicant
and his employees;
9. Proof of insurance coverage as provided in Section
6.62.210 of this chapter;
10. Evidence that the applicant has applied for a business license as provided for in Chapters
6.04 through
6.16 of this code;
11. If the applicant is a corporation, the application shall set forth
the name of the corporation exactly as shown in its articles of incorporation;
the names and residence addresses of each of the officers, directors,
and each stockholder owning more than ten percent of the stock of
the corporation. If the applicant is a partnership, the application
shall set forth the name and residence address of each of the partners,
including limited partners. If one or more of the partners is a corporation,
the provisions of this section pertaining to a corporate applicant
shall apply;
12. Subsection
A4 of this section shall not apply to any of the following:
a. A corporation, the stock of which is listed on a stock exchange in
the state of California or in the city of New York, state of New York,
b. A bank, trust company, financial institution, or title company to
which application is made or to whom a license is issued in a fiduciary
capacity,
c. A corporation which is required by law to file periodic reports with
the Securities and Exchange Commission.
B. Upon
receipt of an application, the chief of police shall conduct such
investigation as he may deem necessary and proper as to the character
and morals of the applicant and persons financially interested in
the street patrol service for which registration is sought and as
to the proposed territory of the city, or portions thereof, within
which the street patrol services is to be conducted.
(Ord. 913 § 1, 1982)
A. The
chief of police may refuse registration of any applicant or any person
financially interested in the operation of the street patrol business
for any of the following reasons:
1. The
street patrol business as proposed by the applicant would not comply
with all applicable state and municipal laws and regulations;
2. The
applicant or any person financially interested in the business has
been convicted of a felony, an offense involving the use of force
and violence upon the person or another, an offense perpetrated with
the use of deceit or fraud, or an offense involving moral turpitude;
3. The
applicant has knowingly made false, misleading, or fraudulent statement
of facts in the registration application or any other document required
by the city in conjunction therewith;
4. The
applicant or any person financially interested in the business is
not of good moral character or reputation.
B. Should the chief of police refuse registration, the applicant for a street patrol business may appeal such action as set forth in Section
6.62.190 of this chapter.
(Ord. 913 § 1, 1982; Ord. 1061 § 1, 1989)
Upon granting the registration application, the chief of police
or the city manager or his designee on appeal, shall designate the
portion or portions of the city within which such street patrol business
may be carried on, and shall specify therein such other reasonable
additional requirements imposed upon applicant as are necessary to
meet local needs and are not inconsistent with the provisions of the
California
Business and Professions Code and the California Administrative
Code, Title 16, Professional Rules and Regulations pertinent to the
Bureau of Collection and Investigative Services; provided, however,
that no person shall be allowed to register as a street patrol business
who is not licensed under the provisions of said Codes.
(Ord. 913 § 1, 1982)
(a) Upon
the chief of police’s approval of the registration application,
the registrant shall furnish the chief of police with the names of
those who are or will be engaged in street patrol, on a form provided
therefor. The form shall contain all of the following information:
(1) The true name, address and telephone number of the employee;
(2) The date of birth and citizenship of such person;
(3) The past criminal record, if any, of such person as stated by the employee, including a signed statement of the employee that the information in subsections
1,
2 and
3 is true and correct;
(4) The fingerprints of such person;
(5) A true and correct copy of each employee’s state registration
card and a true and correct copy of each employee’s state firearm
permit, when such employee will be armed;
(6) The serial number and description of each firearm owned by such employee
and carried in the scope of his duties;
(7) Evidence that the applicant has a registration card approved and
issued by the Bureau of Collection and Investigative Services pursuant
to Title 16, Chapter 7 of the
California Code of Regulations;
(8) Such other information as may be deemed relevant by the chief of
police;
(9) Two photographs of the applicant taken within sixty days immediately
prior to the date of the filing of the application, which pictures
shall be approximately two inches by two inches, showing the head
and shoulders in a clear and distinct manner.
(b) Upon
receipt of the names of the employees who will be engaged in street
patrol service, the chief of police shall conduct such investigation
as he may deem necessary and proper as to the character and morals
of the employee. Should the chief of police, after a noticed hearing,
find that the character and morals of such employee are such as to
constitute a danger to the public if said employee were to be utilized
in street patrol services, the registrant shall not thereafter utilize
such employee for street patrol services.
(c) Any applicant for registration under this section who is dissatisfied with the decision of the chief of police may file an appeal as set forth in Section
6.62.190 of this chapter.
(Ord. 913 § 1, 1982; Ord. 1061 § 2, 1989)
Persons required to register for fixed patrol businesses shall
do so with the chief of police on registration forms provided therefor.
The application shall be verified and shall contain the following
information:
(a) The
true name, address and telephone number of the registrant and of all
persons financially interested in the operation of the fixed patrol
business;
(b) Evidence
that registrant is currently licensed under the applicable provisions
of the California
Business and Professions Code and the California
Administrative Code;
(c) The
number and description of motor vehicles proposed to be used by registrant;
(d) The
description and serial number of the firearms to be used by applicant
and his employees;
(e) Proof of insurance coverage as provided in Section
6.62.210 of this chapter;
(f) Evidence that the applicant has applied for a business license as provided for in Chapters
6.04 through
6.16 of this code;
(g) If
the applicant is a corporation, the application shall set forth the
name of the corporation exactly as shown in its articles of incorporation;
the names and residence addresses of each of the officers, directors
and each stockholder owning more than ten percent of the stock of
the corporation. If the applicant is a partnership, the application
shall set forth the name and residence address of each of the partners,
including limited partners. If one or more of the partners is a corporation,
the provisions of this section pertaining to a corporate applicant
shall apply.
(Ord. 913 § 1, 1982)
The chief of police may refuse registration for any of the following
reasons:
(a) The
fixed patrol business as proposed by registrant would not comply with
all applicable state and municipal laws;
(b) The
registrant knowingly made any false, misleading or fraudulent statement
of facts in the registration form or any other document required by
the city in conjunction therewith;
(c) The chief of police may deny registration of any of the employees of the fixed patrol business if the information required by Section
6.62.090 has not been supplied, or if the chief of police deems such denial necessary to protect the health and safety of the community. Any denial shall be consistent with the provisions of the
Business and Professions Code and the
California Code of Regulations. The decision of the chief of police may be appealed as set forth in Section
6.62.190 of this chapter.
(Ord. 913 § 1, 1982; Ord. 1061 § 3, 1989)
A. Upon
granting the registration application, the chief of police shall require
the registrant to furnish the names of employees of the registrant
who are or who will be engaged in fixed patrol, on a form provided
therefor which shall provide the following information:
1. The
true name and address of the employee;
3. Verification
from the registrant that each employee has successfully completed
the course in exercising the power to arrest pursuant to California
Business and Professions Code Sections 7506.1, 7514.2 and California
Administrative Code, Title 16, Sections 688 et seq., and their successors;
4. A
copy of a valid firearm qualification card for each employee who will
be armed;
5. The
serial number and description of each firearm owned by such employee
and carried in the court and scope of his duties;
6. Such
other information as may be deemed relevant by the chief of police
and consistent with the provisions of the Business and Professions
Code and the
California Administrative Code.
B. A fixed
patrol business registered under this chapter may utilize an employee
without complying with this section for a period not exceeding two
weeks where, because of any event described in Section 409.5 of the
Penal Code of the state, or because of an extensive public gathering,
the services required of the fixed patrol business cannot be performed
without an immediate increase of personnel. Such fixed patrol business
shall, not later than completion of the employee’s first tour
of duty, notify the chief of police in writing of the names of the
employees so utilized and justification of their use without otherwise
complying with this section.
(Ord. 913 § 1, 1982)
A registrant, within five days after the termination of any
employee engaged in street patrol services or fixed patrol services,
shall notify the chief of police in writing of such termination.
(Ord. 913 § 1, 1982)
All uniforms and badges of street and fixed patrol businesses
shall be approved by the chief of police and shall in no way resemble
those of the city police department or other law enforcement agency
having any jurisdiction in San Mateo County.
(Ord. 913 § 1, 1982)
Street and fixed patrol service operators and employees thereof
are prohibited at all times from using the term or title “police,”
“police officer,” “deputy sheriff,” “peace
officer,” “law enforcement,” or any other term or
title that would suggest to the public any official connection with
the city police department or other law enforcement agency having
any jurisdiction in San Mateo County.
(Ord. 913 § 1, 1982)
No person shall, in connection with the operation of a street
or fixed patrol service, knowingly represent himself or another to
be a member of the city police department or other law enforcement
agency. No person shall, in connection with the operation of a street
or fixed patrol service, use any sign, word, language or device to
induce a false or mistaken belief that he is acting or purporting
to act on behalf of the city police department or any other law enforcement
agency.
(Ord. 913 § 1, 1982)
A. The
chief of police may regulate the color, affixed signs, insignia and
lettering to be used on motor vehicles operated by a street or fixed
patrol service so as to eliminate confusion with those of the city
police department, or any other law enforcement agency having any
jurisdiction in San Mateo County.
B. Knowingly
using any vehicle which is colored or has affixed thereon any sign,
badge, title or device that would reasonably induce the belief that
the vehicle is being operated by the city police department or by
any other law enforcement agency having any jurisdiction in San Mateo
County is prohibited.
C. Vehicles
shall comply with all mechanical and equipment regulations of the
California
Vehicle Code.
(Ord. 91382 § 1, 1982)
No rights, duties or privileges granted or permitted under this
chapter shall create, permit or otherwise vest in the registrant under
this chapter any powers specially reserved to peace officers as defined
in the
Penal Code of the state, as distinguished from private citizens.
(Ord. 913 § 1, 1982)
Any unusual occurrences observed while patrolling or at any
other time by a street or fixed patrol registrant or employee shall
be reported to the police department forthwith. 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 registration.
(Ord. 913 § 1, 1982)
A. Should
the chief of police refuse registration of a street or fixed patrol
business, notice of such refusal shall be served upon the applicant
by depositing in the U.S. Mail, a true copy thereof, with first class
postage prepaid, addressed to the applicant at his last known address,
within three days from the date of action of the chief of police.
B. Any
applicant whose registration has been refused may appeal such refusal
by filing with the city manager a notice of appeal within fifteen
days after the date of such action by the chief of police, and by
serving such notice personally or by mail upon the chief of police
or his duly authorized representative appointed for said purpose.
C. Thereafter,
the city manager or his designee shall fix a date for hearing the
appeal and designate the time and place where such hearing is to be
held, which date shall not be more than thirty days from the date
of the filing of the appeal. At least ten days’ prior written
notice of such hearing shall be given to the applicant.
D. At any
such hearing, the applicant shall be given the opportunity to defend
himself, and may call witnesses, be represented by counsel, and present
evidence in his behalf.
E. The
chief of police or his representative shall attend the hearing and
shall have the burden of proof to establish by a preponderance of
evidence that the action of the chief of police was justified and
in compliance with the provisions of this chapter.
F. The
city manager or his designee shall affirm, modify or reverse the action
of the chief of police. The decision of the city manager or his designee
shall be final and conclusive.
(Ord. 913 § 1, 1982)
A. The
registration of a fixed patrol or street patrol business issued pursuant
to this chapter may be revoked after a hearing before the city manager
or his designee for any reason for which the registration could have
been denied in the first instance, or when the registrant is in violation
of any of the provisions of this chapter, or of the State Business
and Professions Code or Administrative Code.
B. Notice
of such revocation hearing shall be served upon the registrant at
his last known address. Such notice shall set forth the grounds upon
which the revocation hearing is based and shall designate the time
and place where such hearing is to be held, which date shall not be
more than thirty days from service of such notice.
C. At least
ten days’ prior written notice of such hearing shall be given
to the registrant.
D. The
registrant may continue to operate the fixed patrol or street patrol
business pending the revocation hearing before the city manager or
his designee unless, in the judgment of the chief of police, such
operation would endanger the public health and safety. In that event,
the chief of police may order the registrant to cease its operation
pending the hearing before the city manager or his designee. Such
order shall be effective five days from the date of service of such
order.
E. At any
such revocation hearing, the registrant shall be given the opportunity
to defend himself, and may call witnesses, be represented by counsel,
and present evidence in his behalf.
F. The
chief of police or his representative shall attend the hearing and
shall have the burden of proof to establish by a preponderance of
evidence that the action of the chief of police was justified and
in compliance with the provisions of this chapter.
G. The
decision of the city manager or his designee shall be final and conclusive.
(Ord. 913 § 1, 1982)
(a) The
applicant, prior to registering as a fixed or street patrol business,
must present evidence of insurance in the following amounts:
(1) Workmen’s compensation and employers’ liability insurance
to cover the applicant’s employees, as required by the Labor
Code;
(2) Comprehensive bodily injury and property damage liability insurance,
including coverage for automobile liability, assault and battery,
false arrest and imprisonment, malicious prosecution, libel and slander,
and invasion of privacy. This insurance shall be in the amount specified
by state law. Furthermore, each policy of insurance shall provide
that the policy shall not be cancelled or reduced until thirty days
after receipt by the city attorney of written notice of cancellation
or reduction.
(b) The
insurance required by this section shall be maintained by the applicant
for the entire term of the permit. Failure to maintain the required
insurance shall be grounds for revocation of the registration.
(Ord. 913 § 1, 1982; Ord. 1061 § 4, 1989)
Every person, firm or corporation registering as a street patrol
or fixed patrol business shall annually obtain a city business license
as required by the Municipal Code of the city of South San Francisco.
(Ord. 913 § 1, 1982)
(Ord. 913 § 1, 1982; Ord. 1061 § 5, 1989)