HomeMy WebLinkAboutOrd 15338
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JEROME F. COLEMAN
CITY00F BURLINGAME
601 PRIMROSE
BURLINGMIE, GLIFF. 940 94010
ORDINANCE No. 1533
ORDINANCE AMENDING REGULATIONS LICENSING
PRIVATE PATROL OPERATORS
The CITY COUNCIL of the CITY OF BURLINGAME does
hereby ordain as follows:
Section 1, Chapter 6.44 of the Burlingame Municipal Code is hereby
amended to read as follows:
"Chapter 6.44
PRIVATE PATROL OPERATORS
6.44.010 Private patrol operator—Definition.
"Private patrol operator" means a street patrol system or business to keep
under watch, inspection or periodic examination any persons or property in the
City of Burlingame and licensed by the State of California pursuant to Chapter
11.5 of the Business and Professions Code.
6.44.020 Permit required.
It is unlawful for any person to operate, engage in, conduct, carry on, or
permit to be operated, engaged in, conducted or carried on within the City of
Burlingame, the business of a private patrol operator or to be employed as a
security guard or street patrolperson by a private patrol operator unless such
operator, security guard or street patrolperson has registered with the police
department and filed therewith a copy of their state identification card, provided
that any employee of a private patrol operator not so registered shall obtain a
local security guard permit as provided by this chapter.
6.44.030 Business license
At the time a private patrol operator registers with the police department
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JEROME F. COLEMAN
CITY OF BURLINGAME
001 PRIMROSE ROAO
BURLINGAME, CALIF.94010
it shall also apply for and furnish the information necessary to obtain a business
icense as
required
by Chapter
6.04
of this
code.
It
shall
also
inform
the police
icense
department
of the
areas of locations
give
in
the
City
of
Burlingame
in
which
it
ses to provide patrol services.
6.44,C40 r'lpplication for local security guard permit,
Any person desiring to be employed by a private patrol operator and not
registered pursuant to Chapter 11.5 of the Business and Profession Code shall
first make application for a local security guard permit by filing with the
license
collector
a sworn
application
in
writing
on
a form to be
furnished by the
icense
collector
which shall
give
the
following
information:
(a) Name, residence and telephone number;
(b) The previous address of the applicant for the five years immediately
prior to the present address of the applicant;
(c) Social security number and driver's license number;
(d) Birth certificate or other written proof acceptable to the police
deparUnent that the applicant is at least eighteen years of age;
(e) Fingerprints (taken by the police department for criminal history
investigation) and three portrait photographs at least two inches by two inches,
taken within the last sixty days;
(f) Applicant's height, weight, color of eyes and hair;
(g) Business, occupation or employment of the applicant for the five years
immediately preceding the date of application;
(h) The private patrol or similar business license and permit history of the
applicant; whether such person, in previously operating in this or another city
or state, under license or permit, has had such license or permit revoked or
suspended, the reason therefor, and the business activity or occupation subsequent
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JERO ME F. COLEMAN
OITYOOF BUR LIN GAME
501 PRIMROSE ROAD
BURLINGAME, GLIF.94010
to such action of suspension or revocation;
(i) Whether such person has ever been convicted or any crime, except
misdemeanor traffic violations. If any person mentioned in this subsection has
been so convicted, a statement must be made giving the place and court in which
such conviction was had, the specific charge under which the conviction was
obtained and the sentence imposed as a result of such conviction;
(j) Such other identification and information necessary to discover the
truth of matters hereinbefore specified as required to be set forth in the
application;
(k) The application will also include a separately signed waiver and release
authorizing the City of Burlingame, its agents, and employees to seek information
and to conduct an investigation into the truth of the statements made on the
application and the qualifications and record of the applicant.
6.44.050 Permit fee and investigation.
A11 applications for initial permits shall be accompanied by an
investigation fee in the sum of one hundred fifty dollars, no part of which is
refundable. Additional fees may be charged to cover costs of processing
applicant's fingerprints by the State of California. Upon receipt of said
application, the license collector shall refer the application to the police
department which shall make a written recommendation to the license collector
within thirty days, provided that said thirty days may be extended for such period
as may be necessary to obtain fingerprint records from the appropriate state
agency.
6.44.060 Issuance or denial of permit.
The police department shall issue such permit if all required information
has been furnished and the reports filed find that:
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JERO ME F. COLEMAN
CITY OF BUR LINGAME
601 PRIMROSE ROAO
BUflLINGAME, ULIF.94010
(a) The character of the applicant is satisfactory;
(b) The applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent oral or written statements in his application or
to any person investigating his application.
The permit shall be denied if all of the above findings cannot be made or
if all of the information required is not supplied to the city. If denied, the
reasons therefor shall be endorsed upon the application, and the police department
shall notify the applicant of the disapproval with a copy of the application upon
which the reasons have been endorsed by first class mail.
6 44.070 /appeal.
in the event a permit has been denied, applicant shall have ten days from
the date of mailing the notice within which to appeal to the city council by
filing a written application for a public hearing with the clerk of the city.
Notice and a public hearing shall be given as follows:
(1) Upon receipt of the appeal, the city clerk shall set the matter for
hearing before the council, at a regular meeting thereof, within thirty days from
,he date of filing the appeal, and shall give written notice of such hearing to
the applicant at his address set forth in the appeal by first class mail at least
ten days prior thereto.
(2) 0n the date set, the council shall hear the matter, and may continue it
from time to time before reaching a decision, If the council finds that the
applicant has satisfactorily met all of the requirements of this chapter, it shall
order the issuance of the permit. If it finds that the requirements have not been
met satisfactorily, it shall deny the permit.
(3) All findings of the council shall be final and conclusive upon the
applicant.
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JEROME F. COLEMAN
CITU OF BURLIN GAME
SOI PRIMROSE ROAD
BURUNGAME, CAV F.94010
6.44.080 Renewal of permits.
Every permit shall be renewed
annually, no less
than ninety
days prior to
the anniversary date of its issuance
upon approval
of the chief
of police. The
nvestigation fee for renewals shall
be seventy-five
dollars,
no part of which is
refundable. Additional fees may be
charged to cover costs
Such as processing
fingerprints. Any permit not renewed shall be null
and void on such anniversary
te.
6.44.090 Transfer of permit.
The holder of a local security guard permit may transfer employment from one
private patrol operator to another without making reapplication.
6.44.100 Revocation or suspension of permits,
Any permit issued under this chapter shall be subject to suspension or
revocation by the city manager for violation of, or for causing or permitting
violation of, any provision of this chapter or for any grounds that would warrant
the denial of such permit in the first instance.
Prior to the suspension or revocation of any permit issued under this
chapter, the permittee shall be entitled to a hearing before the city manager or
his designated representative, at which time evidence will be received for the
purpose of determining whether or not such permit shall be suspended or revoked
or whether the permit may be retained. In the event the permit is suspended or
revoked, the notification of the reasons for such suspension or revocation shall
be set forth in writing and sent to the permittee by means of first class mail.
In the event of suspension or revocation of any permit, the permittee may
appeal to the city council in the manner as provided in Section 6.44.060.
6.44.110 Uniforms and badges.
All uniforms and badges of private patrol operators and their employees
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JEROME F. COLEMAN
CITU OF BURLINGAME
601 PRIMROSE ROAD
BURLINGAME, CALIF Ba010
shall be approved by the chief of police and shall in no way resemble those of the
Burlingame police department or other law enforcement agency having any
jurisdiction in San Mateo County,
6. 44.120 Titles.
Private pa cc operators and their employees are prohibited at all times
from using
the
term or title
"police,"
police
"police
enforcement agency
officer,"
"deputy
sheriff,"
"peace
officer,"
"law
enforcement"
or
other
term
or
title
that would
suggest
to the
public any official
connection
with the Burlingame
police
police
department or other law
enforcement agency
having any
jurisdiction
in San
Mateo
County.
6.44.130 Operations.
1Jo private patrol operator or its employee shall knowingly represent himself
or another to be a
member of
the Burlingame
police
department or other
1 aw
enforcement agency.
No private
patrol
operator or its
employee shall 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 Burlingame
police department or
any
other law enforcement
agency.
6.4.4.140 Vehicles.
The chief of police may regulate the color, affixed signs, insignia and
letter to be used on motor vehicles operated by a private patrol operator so as
to eliminate confusion with those of the Burlingame police department, or any
other law enforcement agency having any jurisdiction in San Mateo County.
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 Burlingame police department or by any other law
enforcement agency having any jurisdiction in San Mateo County is prohibited.
Vehicles shall comply with all mechanical and equipment regulations of the
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JEROME F. COLEMAN
Arro RN Ev
CITY OF BUR LINGAME
3PRIMROSE ROAG
BURLINGAME. LALJ F. 94010
California Vehicle Code.
6.44.150 Notice of termination of employees.
The person in charge of a private patrol operator shall notify the chief of
police in writing within five days of the termination of any employee.
6.44.160 Terminated employee delivering permit.
Any employee having a permit issued pursuant to this chapter whose
employment is terminated with a private patrol operator shall deliver and
surrender his or her permit to the chief of police. The permit shall be held by
the chief of police until expiration, or until the person gains employment with
another private patrol operator in the City of Burlingame, whichever occurs first.
If the person gains employment prior to the expiration of the permit, the permit
will, upon request, be returned to the person."
Section 2. This ordinance shall be published as required by law.
Mayor
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby
certify that the foregoing ordinance was introduced at a regular meeting of the
City Council held on the 16th day of OCTOBER , 1995, and adopted
thereafter at a regular meeting of the City Council held on the 6th day of
NOVEMBER, 1995, by the following vote:
AYES: COUINCILMEMBERS: HARRISON, KNIGHT, 01MAHONY, PAGLIARO, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: c
?64
City Clerk
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CITY OF BURLINGAME
SUMMARY OF ADOPTED ORDINANCE
AMENDING PRIVATE PATROL REGULATIONS
Pursuant to Government Code Section 36933 (c)(1)
following is a summary of Ordinance No. 1333 adopted
Noveniber 6, , 1995:
Amends provisions concerning licensing of private patrol
operators and their employees to remove preempted local
licensing requirements and to provide for registration of
state licensed operators and employees.
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A certified copy of said adopted ordinance is available
in the City Clerk's office, 501 Primrose Road, Burlingame,
California.
Dated: November 7. 1995
PreeCarre bye„/
Y F`
J ME F. COLEMAN, City Attorney
CITY OF BURLINGAME
SUMMARY OF PROPOSED ORDINANCE
AMENDING PRIVATE PATROL REGULATIONS
Pursuant to Government Code Section 36933(c)(1) the following
is a summary of proposed Ordinance No. 1533 :
Amends provisions concerning licensing of private patrol
operators and their employees to remove preempted local
licensing requirements and to provide for registration of
state licensed operators and employees.
Said ordinance was introduced on ��, ��� 1995; a public
hearing thereon will be held 1995, at 7:30 p.m, at
the City Council Chambers, Burlingame City Hall, 501 Primrose Road,
Burlingame, California.
A copy Of said proposed ordinance is available in the City
Clerk's office, 501 Primrose Road, Burlingame, California.
F. COLEMAN
City Attorney