It shall be unlawful for any person, unless he is a duly and regularly appointed and acting special police officer under the provisions of this chapter, a security officer, private police officer or a guard licensed under the provisions of Chapter 6.29[1] of this Code, or a police officer of the United States Government, the State of Washington, the County of Pierce, or the City of Tacoma, to wear or carry upon his person or to possess any special police badge or similar insignia or thing in imitation or similitude thereof, or to wear the uniform of a special police officer or any similitude thereof, except as provided in Section 7.10.060 hereof. It shall further be unlawful for any person to act or serve as a special police officer unless he is duly and regularly appointed as such, pursuant to the provisions of this chapter.
(Ord. 14911 § 1, 1953-10-26; Ord. 19586 § 3, 1972-05-30)
[1]
Code Reviser’s note: Chapter 6.29 was repealed by Ord. 24972.
“Special police officer,”
as used in this chapter, means any person acting as a merchant patrolman or security officer as those terms are defined in Section 6.29.0201, and any other person engaged in any occupation with police-related duties who requires the issuance of a special police commission in the performance of such duties. Special police officers who are not performing such duty as a part of their regular City employment shall serve without compensation of the City of Tacoma. No special police officer, unless performing such duty as a part of his regular City employment, shall be considered as an employee of the City of Tacoma for any purpose, and in no event shall any special police officer be entitled to the benefits of the Police Pension Fund Act, or the Washington Law Enforcement Officers and Fire Fighters Retirement Act.
(Ord. 14911 § 2, 1953-10-26; Ord. 15386, 1955-07-25; Ord. 18851 § 1, 1969-06-17; Ord. 19586 § 4, 1972-05-30)
A. 
Any person, other than City or Metropolitan Park District employees or Tacoma Humane Society employees, Tacoma Housing Authority employees, or Port of Tacoma employees, desiring appointment as a special police officer shall file with the Chief of Police an application form properly filled out, sworn to under penalty of perjury, and signed by the applicant. Each application shall include:
1. 
An affidavit of applicant’s previous history, setting out in full the applicant’s name, date of birth, residence, occupation and most recent place of employment. Such affidavit shall show sufficient facts to prove good character, competency and integrity, and shall list any previous police record;
2. 
A list of five character references, each of whom shall be able to state that he has personally known the applicant for a period of three years or more prior to the application and that he believes the applicant is competent, honest and of good character and suitable to engage in police work;
3. 
A statement from the Chief of Police to the prospective employer setting forth pertinent information from the records of the Tacoma Police Department showing whether or not the files indicate any record on the applicant;
4. 
A request from the applicant’s prospective employer to the Chief of Police requesting that the applicant be issued a Special Police Officer’s Commission;
5. 
A picture, physical profile, and fingerprints of the applicant;
6. 
A continuous bond, subject to cancellation by 10 days’ notice to the Tax and License Department, in the sum of $1,000.00 in the form to be approved by the City Attorney, and with sureties approved by the Director of Finance, and conditioned to secure and indemnify the City against all claims and demands for injuries or damages growing out of any acts or omissions by such special police officers; provided that, where a similar bond is required under the licensing ordinances of the City of Tacoma, such bond may be used for compliance with this subsection; provided further, that, as an alternative, the applicant may file a copy of a currently valid general liability insurance policy, in form and by a company to be approved by the City Attorney, insuring the applicant, with the City of Tacoma named as an additional insured, against any claims for injuries or damages growing out of any acts or omissions of such special police officers. Such insurance policy shall have liability limits of at least $100,000.00 for injury or damages to any one person arising out of any one occurrence and $300,000.00 for injury or damages to more than one person in any one occurrence. Said policy must be kept in full force and effect while the special police commission is in effect and must contain a clause obligating the company issuing the same to give written notice to the Tax and License Department 10 days before cancellation thereof;
The application, together with the statement from the Chief of Police shall be forwarded by the Chief of Police to the applicant’s prospective employer for his perusal prior to prospective employer’s request that the special police commission be issued.
B. 
City or Metropolitan Park District employees or Tacoma Humane Society employees or Tacoma Housing Authority employees or Port of Tacoma employees who require appointment as special police officers in order to properly perform the duties to which they are assigned shall file with the Chief of Police an application form properly filled out, sworn to under penalty of perjury, and signed by the applicant. Each application shall include:
1. 
An affidavit of applicant’s previous history, setting out in full the applicant’s name, date of birth, residence, occupation, and most recent place of employment. Such affidavit shall show sufficient facts to prove good character, competency and integrity, and shall list any previous police record;
2. 
A list of five character references, each of whom shall be able to state that he has personally known the applicant for a period of three years or more prior to the application and that he believes the applicant is competent, honest and of good character and suitable to engage in police work;
3. 
A statement from the Chief of Police to the head of the department under whom the duties will be performed, setting forth pertinent information from the records of the Tacoma Police Department showing whether or not the files indicate any record of the applicant;
4. 
A request from the head of the department under whom the duties will be performed, to the Chief of Police, requesting that the applicant be issued a special police officer’s commission;
5. 
A picture, physical profile and fingerprints of the applicant.
The application, together with the statement from the Chief of Police, shall be forwarded by the Chief of Police to the head of the department under whom the duties will be performed, for his perusal prior to that department head’s request that the special police commission be issued.
(Ord. 14911 § 3, 1953-10-26; Ord. 15924, 1957-08-12; Ord. 17698, 1964-10-20; Ord. 18851 § 2, 1969-06-17; Ord. 19586 § 5, 1972-05-30)
Upon receipt of properly completed and satisfactory applications, the City Manager may commission, from time to time, in accordance with the provisions of the City Charter and this chapter, such number of special police officers as he shall deem necessary and who are found by him to be qualified therefor. Commissions will be issued on printed forms signed by the City Manager.
(Ord. 14911 § 4, 1953-10-26)
Pending determination of whether or not to issue a regular commission under this chapter, the City Manager, or his designee, may, but shall not be required to, issue a temporary special police commission, which shall expire upon the issuance or denial of a regular commission, but no later than six months from the date of issuance, unless sooner revoked.
(Ord. 23493 § 1, 1985-10-22)
Successful applicants will be commissioned as special police officers for such special duty as stated in the application, subject to the orders, rules and regulations of the Police Department and the Chief of Police. Special police officers also shall:
A. 
Keep on file with the Chief of Police the true home address and telephone number of such special police officer;
B. 
Wear on his person a special police officer badge at all times while performing the duties of special police officer;
C. 
Maintain himself at all times while acting as a special police officer in a businesslike, quiet and dignified manner;
D. 
Submit proposed uniforms to the Chief of Police for approval.
(Ord. 14911 § 5, 1953-10-26)
Special police officers’ badges shall be stamped “special,” or of such wording and shape as designated by the Chief of Police, and shall be of such a different shape and design from the official police officers’ badges as to be readily distinguishable.
Special police officers’ badges shall be issued by the Chief of Police and only to those persons who have secured commissions as provided in this chapter and who have paid all deposits and license fees required by licensing ordinances and posted the bond as required; provided, that certain agencies which desire to furnish their employees with a special badge may furnish such badge only after the wording on the badge, the shape, and design have been approved by the Chief of Police.
The Chief of Police shall make a charge of $5.00 for the issuance of every badge, which sum shall be considered as rental for the use of such badge, and which sum shall be reimbursed upon proper return of the badge and commission.
(Ord. 14911 § 6, 1953-10-26; Ord. 17925 § 2, 1965-09-07)
Any special police officer may be removed by the City Manager at any time at his pleasure. The employer of any special police officer who has been removed or who has ceased to perform the duties which require a special police officer’s badge and commission, or such special police officer if self-employed, shall forthwith return the same to the Chief of Police. Badges and commissions are not transferable.
(Ord. 14911 § 7, 1953-10-26; Ord. 19586 § 6, 1972-05-30)
The violation or failure to comply with any of the provisions of this chapter shall constitute a misdemeanor punishable by a fine not exceeding $300.00, or by imprisonment in the County Jail not exceeding 90 days, or by both fine and imprisonment.
(Ord. 14911 § 9, 1953-10-26)