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HomeMy WebLinkAboutORD NO 392ORDINANCE NO. ~D/NEW SERIES AN ORDINANCE REGULATING PRIVATE PATROL SYSTEMS AND PRIVATE PATROL WATCHMEN; PROVIDING FOR A PENALTY FOR VIOLATION HEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH o BE IT ORDAINED by the Council of the City of Bakersfield, as follows: SECTION 1. PRIVATE PATROL SYSTEM DEFINED. For the purposes of this ordinance, a "private patrol system" is hereby defined as any business which purports to furnish or does furnish any private policeman, watchman or guard to patrol any territory, or toyguard or watch propert~ o'f another pers cn, in the City of Bakersfield. SECTION B. PRIVATE PATROL WATCHMAN DEFINED. For the purposes of this ordinance, a "private patrol watchman" is hereby defined as any individual. who patrols any territ- ory, or guard or watches property of another person, within the City of Bakersfield, and who is employed by a person holding a private patrol system permit as a private patrol watchman, as re~ired by this ordinance. SECTION 3. PERSON DEFINED. For the purposes of this ordinance, the word "person" shall be held and construed to mean and include natural persons of either sex, firms, associations, co-partnerships and corporations. The singular shall include the plural and the masculine shall include the feminine. SECTION 4. UNLAWFUL TO OPERATE A PRIVATE PATROL SYSTEM WITHOUT A PERMIT. It is hereby declared to be unlawI~A1 for any person, either as principal, or agent, or otherwise, to engage in the business of operating a private patrol system without first having obtained a permit therefor as in this ordinance provided. SECTION 5. APPLICATkON FOR PRIVATE PATROL SYSTEM. Any person desiring a permit to engage in the business of -1- operati~g a private patrol system shall file with the Chief of Police a written application (in duplicate), addressed to the City Martsget of the City of Bakersfield, setting forth the information required by this ordinance'. If such applicant is an individual, he shall sign the-application personally. If the applicant is an association, firm or co-partnership, such application shall be signed personally by each person composing or intending to compose such association, firm or co-partnership. If the applicant is .a corporation, such application shall be signed by each member of its Board of Directors. Such application shall be sworn to by all per- sons signing the same before some person authorized to administer oaths. SECTION 8~CONTENTS OF APPLICATION FOR PRIVATE PATROL SYSTEM PER~IIT. An application for a permit to operate a private patrol system shall be on a form to be supplied by' the City Clerk and shall set forth the followi. ng information: (a) The full neme and home address of each person 'signing the application; (b) The name under which it is proposed to operate the intended private patrol system; (c) The business or occupation for the five (8) years last past of each person signing the application, giving the name and address of each employer, the date of commencement, and ter- mination of employment, and the nature of the services performed by each such person; · . (d) The territory of the City of Bakersfield in which it is desired to operate the proposed private patrol system; (e) The hours during which it is proposed to patrol such territory or render guard or watchman service; (f) The address of the principal place of business of the applicant or the proposed principal place of business, and all exist- ing or proposed branch offices~ -2- (g) State whether or not the applicant holds a license issued by the Board of Prison Directors of the State of California as a private detective. If the applicant holds such a license, give the date of the issuance thereof, and the name and address of his surety or sureties. If tl~e applicant has ever applied for such a license and had the 'same denied, give date of application; (h) State whether any person signing the application has ever been arrested on a cha~ge of the commission of a felony, or a charge involving moral turpitude, at any time, or arrested for any reason, within the five (5) years last past, giving full details; (i) The name and address of the person or persons who will have the active operation and management of the business~ (jl If the applicant is a corporation, the application shall be accompanied by a certified copy of the resolution or min- utes authorizing the application; (k) Such other information as the Chief of Police or the City Manager may require. SECTION 6. INVESTIGATION BY CHIEP OF POLICE. Upon receipt of an application for a permit to operate a private patrol system, the Chief of Police shall forward to the City Manager the original copy of such application, retaining the daplicate copy. He shall forthwith make an investigation as to the truthfulness of the facts therein set forth~ and the reputation and character, competency and integrity of each person signing the application, and whether the management, conduct and operation of such proposed private patrol system will or will not comport with the public welfare, and for this purpose shall consider any facts or evidence bearing on the moral fitness and reputation of those who will be in charge of such private patrol system and any other evidence or fact tending .to as- sist in enlightening the City Nsnager in this respect. Upon comple- tion of such investigation, he shall file a written report thereof with the City Nanager', -3- SECTION V. CITY MANAGER TO GRANT 0R DENY PERMIT. The City Manager shall grant or deny a permit to the applicant within twenty (20) days from the date of its .b'~ing filed with the Chief of Police, but such permit shall not be '~'~'~.~®d until the applicant shall exhibit to the City Manager a valid and existing license issued to him by the License Collector to carry on such busi- ness, and shall have filed with the City Clerk a surety bond as hereinafter provided, or shall have filed with said City Clerk a certified copy of a valid and existing license issued to the appli- cant by the Board of Prism Directors of the State of California to carry on the business of a private detective; provided, however, the City Manager shall deny an application if it appears: (a) That any person signing the application has e~er been convicted of a felony or a misdemeanor, involving moral turpitude; or (b) That any person signing the application does not have a good reputation for honesty, or character, or integrity, or sobriety, or is not a responsible person; or (c) For any reason, within his sound discretion, that a private patrol system is not needed within the territory set forth+ in the application, or for any other reason would not comport with he public welfare. SECTION 8. SURETY BOND. Any person who has made application for a private patrol system permit under this ordinsnce and who does not hold a valid permit issued by the Board of Prison Directors of the State of Calif- ornia to carry on the business of a private detective, shall, before any permit is issued to him deliver to and file with the City Clerk of the' City of Bakersfield a surety bond, executed by a surety company~ authorized to do business in the State of California, in the sum of one thousand ($1000.00) dollars, conditioned for the faithful and honest conduct of such business by such applicant, which bond shall be upon a form provided by said City Clerk and approved as to its form and execution by the City Attorney. Such bond shall be taken in the name of the people of the City of Bakersfield, and every per- son injured by the wilful or malicious or negligent or wrongful act of the principal, his agents or employees, may bring an action on said bend in his own name to recover damsges suffered by reason of said will~A1 or malicious or negligent or wrongful act. A surety bond filed as herein required may be canceled only by service of a written notice upon the City Clerk of the City of Bakers field not less than five days prior to the effective date of such cancella- tion, anl the holder of a private patrol system permit and his private patrol watchmen, thereby secured, shall be ipso facto sus- pended upon the cancellation of said bond, until such time as another bond is filed as herein required in the first instance. SECTION 9. CONDITIONS OR PERMIT FOR PRIVATE PATROL SYSTEM. Any permit for a private patrol system shall be issued upon condition that such private patrol system shall be operated and conducted subject to the general supervision of the Chief of Police of the City of Bakersfield. SECTION lO. EVOCATION 0F PRIVATE PATROL SYSTE~ PERMIT. Any permit granted pursuant to this ordinance for the operation of a private patrol system may be revoked by the City Manager for any reason for which the granting of such permit might be lawfully denied, or for the violation of any provision of this ordinance, or for any other good cause. Such revocation shall be made only after a hearing granted to the holder of such permit be- fore the City Manager, after five (8) days' notice to said permit holder, setting forth the grounds of complaint against him and stating the time and place where such hearing will be held. Such hearing may be continued over from time to time as the circumstances may require. Upon revocation of any permit, such permit shall be forth- with surrendered to the City Manager. The revocation of any permit shall be in addition to any other penalties otherwise provided in this ordinance. -5- SECTION 11. TRANSFER OF PRIVATE PATROL SYSTEM PERMIT. No private patrol system permit may be transferred without the written consent of the City Manager obtained upon application in the same manner as is herein provided for the original application for such permit. SECTION 12. UNLAWFUL TO ACT AS PRIVATE PATROL WATCHMAN WITHOUT PERMIT. It shall be unlawful for any person to act as a private patrol watchman, or for any per. son holding a private patrol system permit to employ, or permit any person to act as, a private patrol watchman, unless such person holds an unrevoked permit to so act as provided in this ordinance. SECTION 1B. APPLISATION FOR PRIVATE PATROL WATCH~AN PERMIT - CONTENTS. The holder of a permit for a private patrol system may file with the Chief of Police an application requesting that a permit to act as a private patrol watchman be issued to the person therein named. Such application 'shall contain whatever information is ,required by the Chief of Police. Anyone holding a private patrol system permit may, himself, act ss private patrol watchman, without securing any other permit. SECTION 14. OHIEF OF POLICE TO GRART OR DENY PERMIT. Upon receipt by the Chief of Police of such application, he shall forthwith investigate the truthfulness of the facts therein set forth, the moral fitness and reputation, character, integrity and competency of the person who made such statement, and if, upon the completion of such investigation, he concludes that such statements are true and that he is a qualified and fit person to act as a private patrol watchman, he shall issue a permit to such person granting him the right to act as a private patrol watchman for the person making the application; provided, however, such application must be denied if it appears: (a) That such person has been convicted of a felony or a misdemeanor involving moral turpitude, or of a violation of the Eighteenth Amendment to the United States Constitution, or an~ act of the State of California carrying out the objects and purposes of -8- said constitutional s~endment, or a~ state or federal narcotic law; or (b) That he does not have a good reputation for honesty, or character, or integrity, or is not a responsible person, or does not have the necessary mental, or moral or physical qualificat ions to perform the duties of a private patrol watchman; or (c) That he cannot read, or write, or speak the English language. SECTION 16'. REVOCATION OF PRIVATE PATROL WATCHMAN,S PERMIT. Any permit granted pursuant to this ordinance for a private patrol watchman may be revoked by the Chief of Police for any reason for which the granting of such permit might be lawfully denied, or for the violation of any provision of this ordinance, or whenever it shall appear to the Chief of Police that said person does not have the in- telligence, or courage, or judgment necessary for the performance of the duties of a private patrol watchman, or has been under the influence of intoxicating liquors while performing his duties, or for any other good cause. Such revocation shall be made only after a hearing granted to the holder of such permit before the 0hief of Police, after five (6) days' notice to said permit holder, setting forth the grounds of complaint against him and stating the time and place where such hearing will be held. Such hearin~ may be continued over from time to time as the circumstances may require. Upon revocation of any permit, such permit shall be forthwith surrendered to the Chief of Police. The r'evocation of any permit shall be in addition to any other penalties otherwise provided in this' ordinance. SECTION. 18. PERMIT TO EXPIRE - WHEN. A permit to act as a private patrol watchman, unless previous- ly revoked as herein provided, shall expire and terminate upon the ~er- mination or revocation of the permit granted to the person who made application for his p~ivate patrol watchman permit, or upon his dis- charge, removal or resignation as an employee of the person who made application for his permit. -V- SECTION 17. UNLAWFUL TO WEAR UNIFORM SIMILAR TO POLICE, ETC. It shall be unlawful for any pers cn to wear, or cause or permit to be worn, any uniform in the operation of a private patrol system that is similar to the uniform used by the Bakersfield Police or Fire Departments, and no uniform shall be worn unless the same shall have been first approved by the Chief of Police. SECTION 18. UNLAWFUL TO DISPLAY BADGE SIMILAR TO POLICE, ETC. It shall be unlawful for any person to wear or display, or cause to be worn or displayed, any badge or insignia similar in design to that used by the Bakersfield Police or Fire' Departments, and no badge or insignia shall be worn, displayed or use d in any manner unless the same has been first approved by the Chief of Police. SECTION 19. UNLAWFUL TO USE RANK, ETC. WITHOUT CONSENT OF CHIEF OF POLICE. It shall be unlawful for any person to use, wear or exhibit any rank or insignia of rank, or cause or permit to be used, worn or exhibited any rank or insignia of rank, by any person operating, or employed by a person operating a private patrol system, except such as may be approved in writing by the Chief of Police. SECTION 20. MUST PAY LIOENSE TAX. Nothing herein contained shall be construed to permit any person to operate a private patrol system unless such person shall have first paid any license that may be required by any other ordinance of the City of Bakersfield, and nothing herein shall be construed as a waiver of any such license. SECTION 21. NOTICE - HOW GIVEN. Any notice required by this ordinance must be in writing and may be given by pers.~nal service or by mail. In case of service by mail, the notice must' be deposited in the United States Post Office, in a sealed envelope, with postage prepaid, addressed to the person on whom it is to be served, at his last known address'as the same appears from the files of the City Clerk. '='-" -8- The service shall be deemed completed at the time of the .depos- it in the Post Office. .. SECTION 22. APPEALS. Any holder of, or applicant for, a private ~atrol system permit, or a private patrol watchman permit, excepting t4 any denial or revocation of a permit applied for or held by him, or to any action taken by an official of the City of Bakersfield concerning such permit, may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal, setting forth the specific groUnds there- of. Such notice must be filed within fourteen (14) days after notice of such action appealed from, but in no event later than thirty (30) days after date of such action. The City Clerk shall forthwith set said matter for hearing before the Council and cause notice thereof to be given to the appellant not less than five (8) days prior to such hearing. At such hearing the appellant shall show cause, on the grounds specified in the notice of appeal, why the action excepted to should not be approved.. Such hearings may, by the Council, be con- tinued over from time to time, and its findings on the appeal shall be final and conclusive in the matter. SECTION 2S. PENALTY FOR VIOLATION. Any person violating any of the provisions of this ordin- ance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $800.00, or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. SECTION 24. EXISTING PRIV~E' PATROL SYSTEMS. Every person maintaining a private patrol system and every person who was employed as a pri~a te 'patrol watchman, at the time this ordinance takes effect shall be entitled to continue to so act or to be so employed for a period of sixty (80)' days from and after the final passage of this ordinance; and if within said sixty (80) days an application is made, as in this ordinance pro- -9- vided, that 'a private patrol system or a private patrol watchman permit be issued to such person, he may continue to be so employed until such ..application is granted or denied. SECTION 25. CONSTITUTIONALITY. If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the-remaining portions of this ordinance. The City Council of Bakersfield declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase. thereof, irrespective of the fact t~hat any one or more other sections, subsections, sentences, clauses or phrases be declared un- cons ti tutional. ..... o0o ..... I HEREBY CERTIFY that the foregoing Ordinance was passed and slopted by the Council of the City of Batzrsfield, at a regular meeting thereof held on the/~ay of October, 19S2, by the following vote: AYES, EEHSOH, BODEN, CRRL.OCK, HEAD"N, aOl,1HZON, MARTXH, WALTEAS ulty Clerk and Ex-Offhio Clerk of the Councs. 1 of the City of Bakersfield. APPROVED this / day of 0ctobe~, 1932.