A. For
purposes of this chapter, the following words or phrases have the
following meaning:
"Private patrol operator" or "operator of a private patrol service",
as defined in California Business and Profession Code Section
7582.1 (Definitions), is a person who for any consideration whatsoever
agrees to furnish, or furnishes, a watchman, guard, patrolman, 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, stock, notes, documents,
papers or property of any kind; or performs the service of such watchman,
guard, patrolman, or other person for any such purposes.
"Security guard" or "security officer",
as defined in California Business and Profession Code Section
7582.1 (Definitions), is an employee of a private patrol operator,
or an employee of a lawful business or public agency who is not exempted
pursuant to Section 7582.2 (Application of chapter), who performs
the functions described in this section on or about the premises owned
or controlled by the customer of the private patrol operator or by
the guard's employer or in the company of persons being protected.
"Street patrolperson"
as defined in California
Business and Professions Code Section
7582.1 (Definitions), is a security guard or security officer employed
by a private patrol operator who performs the functions described
in this section by street patrol service utilizing foot patrol, motor
patrol, or other means of transportation in public areas, streets
or public thoroughfares in order to serve multiple customers. "Street
patrolperson" does not include management or supervisory employees
of the private patrol operator moving from one customer location to
another to inspect personnel or security guard or security officers.
B. Such
terms do not include an armored contract carrier, which is defined
as a contract carrier operating armored vehicles pursuant to the authority
of the California Highway Patrol and the Public Utilities Commission.
C. Such
terms do not include any person excluded by Section 75822.2 (Application
of chapter) of the
Business and Professions Code such as a person
employed exclusively and regularly by one employer in connection with
the affairs of the employer only and where there exists an employer-employee
relationship, provided that such person at no time carries or uses
any deadly weapon, as the term is defined in Section 7582.2(a) of
the
Business and Professions Code.
(Prior code § 7-8.1; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
A. No person
shall act as a private patrol operator or employee of a private patrol
operator unless he or she shall first have registered his or her name
and a file copy of his or her state identification card with the chief
of police. No fee shall be required for this registration.
B. No person shall perform the function of security guard or security officer or street patrolperson or shall furnish security guard or street patrol service in the city unless registered by the chief of police in accordance with Section
4.32.030.
C. No person shall perform the function of an employee of a private patrol operator in the city, if such person is unable to furnish evidence of current registration with the Bureau of Collection and Investigative Services of the Department of Consumer Affairs of the state pursuant to Section 7520 (Necessity of license) of the
Business and Professions Code, unless he or she is registered with the chief of police in accordance with Section
4.32.030.
(Prior code § 7-8.2; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
A. Persons to whom subsections
B and
C of Section
4.32.020 apply shall apply for registration by the chief of police on a form to be provided by the chief of police. There shall be a nonrefundable application fee in an amount established by resolution of the city council.
B. The
application for registration shall include the following information:
1. The
name, business address, residence address, and telephone number of
the applicant;
2. A
copy of the applicant's state identification card issued to him or
her as a private patrol operator or employee of a private patrol operator,
if any, or a statement that no such card has been issued;
3. The
location of the last place of business of the applicant;
4. Such
other information as the chief of police shall require;
5. Two
photographs of the applicant, taken within sixty days prior to the
filing of the application, of a size to be determined by the chief
of police, showing the head and shoulders of the applicant in a clear
and distinct manner.
(Prior code § 7-8.3; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
A. Upon receipt of an application for registration under Section
4.32.030, the chief of police shall investigate the background of the applicant.
B. The
chief of police may deny the application for registration if he or
she makes any of the following determinations:
1. That
the applicant, within five years immediately preceding the filing
of the application has engaged in conduct constituting, or has been
convicted of, any of the following offenses:
a. Any offense involving gambling specified in Sections 319-337.9 of
the California
Penal Code;
b. Any felony offense involving the sale of controlled substances specified
in Sections 11054, 11055, 11056, or 11058 of the California Health
and Safety Code;
c. Sections 266(i), 315, 316, 318, or subdivision (b) of Section 647
of the
Penal Code;
d. Any offense which requires registration as a sex offender under Section
290 of the
Penal Code;
e. Any offense in another state, which, if committed in this state,
would have been punishable as one or more of the foregoing offenses;
f. Any offense involving the use of force or violence upon the person
of another;
g. Any offense involving theft, embezzlement, or moral turpitude.
2. That
the applicant has done any act involving dishonesty, fraud, or deceit
with the intent to substantially benefit himself or herself or another,
or substantially injure another.
3. That
the applicant has failed to comply with one or more provisions of
this chapter, or of this code, or other laws pertaining to the operation
or management of a private patrol business.
4. That
the applicant has knowingly made one or more false statements in his
or her application.
5. That
the registration of the applicant would violate an applicable provision
of this chapter.
6. That
the applicant is engaged in organized crime, or has substantial, regular
or continuous personal, professional, or financial associations with
one or more persons engaged in organized crime. As used in this paragraph,
the term "organized crime" shall mean a structured criminal syndicate
composed of professional criminals who primarily rely on unlawful
activity as a way of life.
The determinations of the police chief shall be valid if supported
by a preponderance of the evidence.
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(Prior code § 7-8.4; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
A. The chief of police may revoke or suspend the registration of any person registered pursuant to Section
4.32.040 upon a determination that:
1. The
registrant has violated or is violating one or more provisions of
this chapter; or
2. Grounds
exist which would justify denial of an application for registration
if such application were then pending; or
3. The
registrant has violated any statute or ordinance related directly
to the operation or management of a private patrol business; or
4. The registrant has been convicted of, or has engaged in conduct constituting an offense enumerated under Section
4.32.040.
B. The
term of suspension of any registration shall be not more than sixty
days.
C. The procedure for notice of revocations or suspensions of registrations, appeals of such actions, hearings on appeal, and decisions of the city council on appeal shall be as set forth in subsections
C through
H, inclusive, of Section
4.04.090 and by Section
4.04.110.
(Prior code § 7-8.5; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
The procedure for appeals of denials of applications for registration shall be as set forth in Section
4.04.100, subsections
E and
F of Section
4.04.090, and Section
4.04.110, which pertain to licenses for places of public amusement, public dance, or public entertainment.
(Prior code § 7-8.6; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
A. The
chief of police shall have the authority to prescribe or approve the
style and type of uniform, including badges, if any, to be used by
uniformed employees of a private patrol operator, for the purpose
of maintaining readily apparent distinction from the uniforms worn
by regularly employed police officers of the city.
B. The
chief of police shall have the power to prescribe or approve the type
or character of identification markings or insignia placed on any
motor vehicle used in the operation of a private patrol service.
(Prior code § 7-8.7; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
The chief of police shall have the authority to allocate certain
portions of the territory of the city within which the activities
of any street patrol service or person shall be confined.
(Prior code § 7-8.8; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
Whenever a street patrol special officer or a member or employee
of a patrol service observes any unusual occurrence, whether on patrol
or at any other time, he or she shall report such occurrence to the
police department forthwith. The officer, member, or employee shall
preserve the scene of occurrence intact and shall allow no moving,
disturbance, or other interference with the property, persons or things
affected. Any violation of this section shall be grounds for revocation
or suspension of registration.
(Prior code § 7-8.9; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)
No rights, duties, or privileges granted or permitted under
this chapter shall create, permit, or otherwise vest in any registrant
any powers specially reserved to peace officers as defined in the
Penal Code of the state as distinguished from private citizens.
(Prior code § 7-8.10; Ord. 1394 § 1, 1981; Ord. 1878 § 4, 2020)