Note: Prior history: Sections 3-1.1601 through 3-1.1615, codified from Ord. 965, as amended by Ord. 11-NS, eff. March 20, 1968 ,Ord. 624-NS, eff. December 15, 1999 and Ord. 658-NS, eff. June 20, 2001, were repealed and replaced in their entirety by Ord. 675-NS, eff. May 1, 2002.
"Patrol guard"
shall have the same meaning and definition as "security guard" or "security officer", which is defined in the California Business & Professions Code,. Section 7582.1, subdivision (e).
"Private patrol" or "patrol system"
as used in this article shall have the same meaning and definition as "private patrol operator", which is defined in the California Business & Professions Code, Section 7582. 1 , subdivision (a).
"Proprietary patrol guard"
means an individual employed exclusively by an employer who agrees to furnish, or furnishes services for the guarding or protection of persons or property, against assault, battery, 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 who performs the service of a watchman, guard, or patrolperson for any of these purposes. "Proprietary patrol guard" does not include an individual employed exclusively by an employer as a "bouncer" for a restaurant, bar and/or dance club.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
Patrol systems shall comply with all licensing requirements as mandated by California Law, including, but not limited to, the Private Security Services Act (Bus. & Prof. Code §§ 7580, et seq.).
(§ 2 Ord. 675-NS, eff. May 1, 2002)
Patrol guards shall comply with all licensing requirements as mandated by California Law, including, but not limited to, the Private Security Services Act (Bus. & Prof. Code §§ 7580, et seq.).
(§ 2 Ord. 675-NS, eff. May 1, 2002)
Proprietary patrol guards shall comply with all licensing requirements as set forth in this section.
(a) 
Licensing.
(1) 
Before any person engages in the business of conducting or maintaining any proprietary patrol guard services in the City, he or she shall make an application in writing to the Police Chief for a permit to engage in such business, setting forth the following information:
(i) 
Name, home address and home phone number of the proprietary patrol guard (hereinafter "Applicant").
(ii) 
Name, address, and phone number of the business, and the name of the employer which the Applicant will provide services.
(iii) 
Driver's license number of the Applicant.
(iv) 
The height, weight, and color of eyes and hair of the Applicant.
(v) 
Hours which the Applicant will perform services.
(vi) 
A description of the Applicant's duties.
(vii) 
Such other information as the Police Chief may, from time to time, require, which information shall be of the nature which will indicate the honesty, integrity, trustworthiness, education, experience, and ability of the Applicant to perform the type of work for which the license is required.
(2) 
The application for the license shall be accompanied by the following identification of the Applicant:
(i) 
A plainly discernible photograph.
(ii) 
The fingerprints of both hands.
(iii) 
Such other identification as the Police Chief may, from time to time, require.
(3) 
Such application shall be accompanied by an application fee in the amount of $25, which will cover the cost for processing the application. In no event shall the fee be returned to the applicant, regardless of whether or not a permit is issued.
(b) 
Investigation. Such application shall be referred to the Police Chief who shall make an investigation concerning the character of the Applicant and the condition of the police protection prevailing within the area in which the Applicant will perform his or her services.
(c) 
Issuance. After the investigation and report by the Police Chief, the Police Chief shall grant the license application only if the investigation did not reveal anything which would indicate that the Applicant is dishonest, untrustworthy, or inexperienced which may inhibit the Applicant from performing his or her duties.
(d) 
Duration. If granted, the license shall remain valid for no more than one year, provided that the Applicant complies with all provisions of this article, and must be renewed annually.
(e) 
Suspension and Revocation. Any proprietary patrol guard license may be temporarily suspended by a written order signed by the Police Chief, provided a copy of such order is transmitted by the Police Chief to the City Council within 24 hours after its issuance.
(1) 
Such order shall be acted upon by the Council at its first regular meeting after the issuance of the order, and shall cease to be of any effect thereafter. The Council may, at such meeting, adopt a resolution continuing such temporary suspension in effect pending a regular hearing.
(2) 
Suspension and Revocation by Council. When the Police Chief has issued any license pursuant to the provisions of this article, the same may be revoked at any time thereafter by the Council if the Council becomes satisfied that any of the provisions of the Article are being violated by the proprietary patrol guard, or that the proprietary patrol guard has violated the rules of any law of the State or City, excluding minor traffic infractions.
(3) 
Hearings and Notices. No license issued pursuant to the provisions of this article shall be revoked unless a hearing is given the proprietary patrol guard and notice of the hearing is given in writing to the proprietary patrol guard not less than five days prior to the date of the hearing.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
Before any person or business hires/employs a proprietary patrol guard, an application shall be made in writing to the Police Chief for a license to hire/employ a proprietary patrol guard, setting forth the following information:
(1) 
Name, address, and phone number of the business.
(2) 
Name, home address, and phone number of the proprietary patrol guard.
(3) 
Hours which the proprietary patrol guard will perform services.
(4) 
A description of the proprietary patrol guard's duties.
(5) 
A bond or proof of insurance in the amount of $100,000 which includes coverage for any one loss due to bodily injury or death, and intentional torts.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
No patrol guard or proprietary patrol guard shall either alone or through the actions of another, harass, annoy, or commit a nuisance against or injure the property of, or unnecessarily enter or otherwise trespass upon the property of any person whose property the patrol system of such patrol guard or the proprietary patrol guard is not employed to protect.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
No patrol guard, proprietary patrol guard, or patrol system, shall undertake to perform on behalf of the general public the duties of any regularly constituted police department or police officer. Nothing herein shall be deemed to restrict any patrol guard, proprietary patrol guard, or patrol system from making any investigation incidental to the theft, loss, embezzlement, misappropriation, or concealment of any property which the patrol guard, proprietary patrol guard, or patrol system has been hired or engaged to protect, guard, or watch.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
(a) 
Regardless of whether the vehicle is owned by a private security agency and operated by personnel who are registered with the Department of Consumer Affairs under Article 3 (commencing with Section 7582) of Chapter 11.5 of Division 3 of the Business and Professions Code, each vehicle used by a patrol guard, proprietary patrol guard, or patrol system while on patrol within the City of Huntington Park shall comply with California Vehicle Code section 25279(b), and at a minimum, the letters and numerals shall be clearly visible and readable from a distance of 50 feet and shall be permanently affixed to the vehicle. A patrol guard, proprietary patrol guard, or patrol system shall not use or permit to be used for purposes of patrolling, any vehicle which is not marked and identifiable with approved markings or insignia in accordance herewith. No vehicle shall be equipped with a red light, siren, or be painted in a manner similar to a police vehicle of the City of Huntington Park or other law enforcement agency with jurisdiction in the City. The patrol guard, proprietary patrol guard, or patrol system shall submit to the Chief of Police a color photograph of the proposed vehicle(s) showing compliance with this section.
(b) 
In addition to subsection (b), no vehicle used by a proprietary patrol guard shall be black and white or have the words and/or phrases "police," "police officer," "peace officer," "law enforcement," or "police enforcement" painted on or otherwise affixed to the vehicle. Moreover, all vehicles used by proprietary patrol guards for patrolling purposes shall clearly indicate, and be visible and readable from a distance of at least 50 feet, the name of the business which the proprietary patrol guard is employed on both the driver and front passenger doors.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
(a) 
Patrol Guards and Patrol Systems. Any badge, insignia, patch, or uniform used or worn by any employee, officer, member, or associate of a patrol system while on duty for said company shall be in compliance with State law. Any such badge, insignia, patch, or uniform shall not be of such a design as to be mistaken for an official badge, insignia, patch, or uniform worn by a law enforcement officer of the City of Huntington Park or any other law enforcement agency with jurisdiction in the City. The patrol guard or patrol system shall submit to the Chief of Police a sample or color photograph of the proposed uniform for approval to ensure that it does not resemble a uniform of any law enforcement agency with jurisdiction in the City. No uniform shall be worn if the sample thereof submitted to the Chief of Police has been determined to be in violation of this section.
(b) 
Proprietary Patrol Guards. A proprietary patrol guard shall be required to wear a uniform. Said uniform shall be comprised of a military style shirt and pants. The shirt shall have a patch on each shoulder, which reads, "Private Security" and identifies the business which employs the guard. A badge or cloth patch shall also be worn on the left breast of the uniform shirt, which, in addition to reading, "Private Security" and designating the business employer, shall also include the guard's first and last name. Uniform shirts and pants must either be slate gray or khaki in color. Any jacket or protective covering worn by a proprietary patrol guard shall conform to the foregoing requirements. Under no circumstances shall a guard wear a uniform or protective covering, or use an identification, badge, insignia, or patch which may be readily mistaken for a uniform, protective covering, identification, badge, insignia, or patch worn by a law enforcement officer of the City of Huntington Park or any other law enforcement agency with jurisdiction in the City. The proprietary patrol guard or his/her employer shall submit to the Chief of Police a sample or color photograph of the proposed uniform, protective covering, badge, patch, and/or insignia for approval to ensure that it does not resemble a uniform, protective covering, badge, patch, or insignia of any law enforcement agency with jurisdiction in the City. No uniform, protective covering, badge, patch, or insignia shall be used or worn if the sample thereof submitted to the Chief of Police has been determined to be in violation of this section.
(c) 
Equipment and Weapons. Patrol guards and proprietary patrol guards shall only carry firearms as permitted under State law. No patrol guard or proprietary patrol guard shall carry any firearm in the performance of his/her duties unless he/she possesses a valid firearm qualification card issued by the State for said firearm. Other authorized weapons include State approved batons and chemical agents as authorized by the guard's State permit.
(d) 
Badges. Badges held, used, or worn by patrol guards, proprietary patrol guards, and patrol systems shall not include the word and/or phrases "police," "police officer," "peace officer," "law enforcement," "police enforcement," "special police," "special agent," or "agent." Badges may not be given, donated, sold, or delivered to anyone other than a patrol guard, proprietary patrol guard, or patrol service, and no person, other than a patrol guard, proprietary patrol guard, or patrol system, shall purchase or receive as a gift, pawn or pledge, any badge from a patrol guard, proprietary patrol guard, or patrol system. Patrol guards and proprietary patrol guards shall turn in his/her badge to his/her employer when he/she ceased to be employed by that employer.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
No patrol guard, proprietary patrol guard, or patrol system shall make a verbal statement with the intent to give the impression or create the misunderstanding that he/she is connected with or employed by the federal government, state government, or any local subdivision of a state government, including, but not limited to, the Federal Bureau of Investigations, Immigration and Naturalization Service, sheriff departments, or police departments.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
All patrol guards and proprietary patrol guards shall immediately make a report to the Chief of Police of any felonies, high-grade misdemeanors or violation of federal law which come to the guard's attention. High-grade misdemeanors include, petty theft, dangerous weapons' control laws, traffic manslaughter, serious injury hit-and-run, indecent exposure, child molestation, contributing to the delinquency of a minor, lewd conduct, and all other misdemeanor sex offenses. Patrol system and proprietary patrol guards shall also immediately notify the Chief of Police of any weapon discharge or a private person's arrest made within the City by any patrol guard or proprietary patrol guard.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
All complaints made to the Huntington Park Police Department regarding the activities of a patrol system, patrol guard, or proprietary patrol guard shall be investigated by the Chief of Police, or his or her designee, followed by a written report to the City Manager. Reports of such complaints shall be held in the police files. Notice of any such complaint shall be given to the patrol system or business employer and the patrol guard or proprietary patrol guard affected thereby, and they shall have the right to examine and reply to any such complaint.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
(a) 
All patrol systems shall register with the Police Chief before conducting business within the jurisdiction of the City. A registration form shall be filed with the Police Chief on forms supplied by the City. The registration form shall be signed and verified by an authorized patrol system officer or employee, and shall state the name, address, and organization of the patrol system, its method of operation, the locations of its operations within the City, and the names and addresses of its officers, members, associates, patrol guards, and other employees conducting business within the City. There will be no fee for this registration process.
(b) 
The registration shall be accompanied by a photostatic copy of the patrol system's State of California License evidencing compliance with State laws relating to the business of patrol systems, and a copy of its current City of Huntington Park business license.
(c) 
Upon request, a patrol system shall furnish to the Police Chief evidence of the following insurance: workers' compensation, general liability insurance, which includes coverage for intentional torts, and automobile insurance (if applicable), in the amounts required by law.
(d) 
All patrol systems shall file updated registration forms with the Police Chief on an annual basis.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
(a) 
It shall be unlawful for any person to perform the duties of a patrol guard in the City without first obtaining a Guard Registration card or permit as required by the State of California and registering with the City. The registration form shall be supplied by the City, and shall contain the registrant's name, address, and name and address of the patrol system for whom he or she is employed. The registration form shall be submitted to the Police Chief within 15 days of the patrol guard being assigned to a post within the City jurisdiction. Registration forms may be submitted by hand delivery, U.S. Mail, or facsimile to the Police Chief.
(b) 
The registration form for a patrol guard shall be accompanied by a photostatic copy of his or her State of California Guard Registration permit evidencing compliance with State laws relating to the occupation of patrol guards.
(c) 
All patrol guards shall file updated registration forms with the Police Chief on an annual basis.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
(a) 
It shall be unlawful for any person to perform the duties of a proprietary patrol guard in the City without first registering with the City. The registration form shall be supplied by the City, and shall contain the registrant's name, address, and name and address of the employer for whom he or she is employed. The registration form shall be submitted to the Police Chief within 15 days of the proprietary patrol guard being hired by the employer. Registration forms may be submitted by hand delivery, U.S. Mail, or facsimile transmission to the Police Chief.
(b) 
The registration form for a proprietary patrol guard shall be accompanied by a photostatic copy of the license issued to the proprietary patrol guard, as set forth in Section 3-1.1604, evidencing compliance with this article.
(c) 
All proprietary patrol guards shall file updated registration forms with the Police Chief on an annual basis.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
It shall be unlawful for any person, either as principal or agent, to engage in the business of conducting, maintaining, or soliciting business for any patrol system, patrol guard, or proprietary patrol guard without first filing registration forms with the City, and filing updated registration forms on an annual basis.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
Every patrol system operating within the City shall pay to the Director of Finance taxes as set forth in Section 3-1.204 of Article 2 of this chapter.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
Any person violating or causing the violation of Sections 3-1.1602, 3-1.1603, 3-1.1604, 3-1.1605, 3-1.1606, 3-1.1608, 3-1.1609, 3-1.1610 or 3-1.1617 of this article shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than $1,000 or by imprisonment for no more than six months, or by both such fine and imprisonment. Any person violating or causing the violation of any other provisions of this article shall be guilty of an infraction, and any conviction thereof shall be punishable by a fine of not more than $200. Any violation of the provisions of this article shall constitute a separate offense for each and every day during which such violation is committed or continued.
Nothing herein shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance with the provisions of this article.
(§ 2 Ord. 675-NS, eff. May 1, 2002)
Should any court of competent jurisdiction declare any section, clause, or provision of the ordinance codified in this chapter to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional, and shall not affect any other section, clause, provision of the ordinance codified in this chapter.
(§ 2 Ord. 675-NS, eff. May 1, 2002)