HomeMy WebLinkAboutOrd 1111ORDINANCE NO. 1111
AN ORDINANCE ADDING CHAPTER 6.44 TO THE
BURLINGAME MUNICIPAL CODE RELATING TO THE
LICENSING AND REGULATION OF PRIVATE PATROLS
AND EMPLOYEES THEREOF IN THE CITY OF
BURLINGAME
The CITY COUNCIL of the City of Burlingame does ORDAIN as follows:
Section 1. Chapter 6.44 relating to the licensing and regulation of
private patrols and employees thereof in the City of Burlingame is hereby
added to the Burlingame P9unicipal Code, to read as follows:
"CfIAPTER 6.44
PRIVATE PATROL SERVICES
6,44.010 Private Patrol Service - Definition.
Private patrol service means a street patrol system or business
to keep under watch, inspection or periodic examination any persons
or property in the City of Burlingame.
6.44.020 Permit Required.
It shall be unlawful, without first having obtained a permit
from the chief
of police as
herein provided, for any person,
firm or
corporation
to manage, conduct
place
or carry on the business of a
private
patrol service,
to employ a
private
patrol officer, or to be
employed
as a private
patrol officer
of
a private patrol service.
6.44.030 Application for Private Patrol Service Permit.
Before any person shall engage in the business of maintaining any
private patrol service, or patrolling any area within the city limits
of Burlingame, he shall make an application in writing, under oath, to
the chief of police.
The application shall contain the following information:
(a) The true
name,
address,
telephone
number,
date and
place
of birth
of the
applicant and all
persons
financially
involved
in the
operation
of the
business.
6/21/76 -1-
6/1/77
(b) The criminal convictions, if any, of the applicant and
all persons financially involved in the operation of the
business.
(c) The fingerprints and photographs of all such persons.
(d) The location of applicant's last three businesses, the
names and nature of said businesses, and the length of time
engaged in said businesses.
(e) The area of the City of Burlingame, or portion thereof, in
which the applicant proposes to provide private patrol
service.
(f) If the applicant is a partnership, the application shall
set forth the name and address of each of the partners,
including limited partners.
(g) Any other information as deemed necessary by the chief of
police.
6.44.040 Investigation.
Upon receipt of the application, the chief of police shall
conduct such investigation as he may deem necessary and proper as to
the character and morals of the applicant and persons financially
involved in the private patrol service. The chief of police shall
consider any relevant factual material relating to such application.
After proper investigation, the chief of police shall notify
the city manager, in writing, whether or not the applicant has been
approved or denied issuance of the license.
6.44.C50 Denial of the License Flpplication.
The Chief of Police shall deny any applicant for a private
patrol service license for any of the following reasons:
(a) The private patrol service as proposed by the applicant
would not comply with all applicable laws.
(b) The applicant or any person financially interested in the
business has been convicted of a felony, an offense involving
the use of force and violence upon the person of another, an
offense perpetrated with the use of deceit or fraud, or an
offense involving moral turpitude.
(c) The applicant has made knowingly, with the intent to
deceive, any false, misleading, or fraudulent statement of
facts in the license application, or any other document
required by the city in conjunction therewith.
(d) The applicant or any person financially interested in the
business is not of good moral character or reputation.
-2.
6.44.060 Application Fee - Private Patrol Service License.
Each application for an original license herein shall be
accompanied by a non-refundable fee of fifty dollars 0 50.00). The
fee is to be retained by the City of Burlingame for the payment of
costs of conducting the investigation of the applicant(s) and in-
specting vehicles and equipment to be used in the business.
6.44.070 Issuance of License.
The chief of police, if satisfied that the applicant is quali-
fied
as set
forth above, shall
cause a
license to be issued to the
applicant
to
operate a private
patrol
service.
6.44.080 Business License.
A private patrol service operator shall obtain a city business
license as required
by
city ordinance on
an annual
basis.
6.44.090 Registration of Employees of a Private Patrol Service.
All persons engaged in private patrol service duties shall be
required to register with the chief of police, and shall fill out an
application in writing setting forth the following information:
(a) The applicant's full name, residential address and
residential telephone number.
(b) The criminal convictions, if any, of the applicant.
(c) The fingerprints and photograph of such applicant.
(d) The names and addresses of any and all employers for
the previous three years.
(e) The names and addresses of any and all previous employers
or establishments where the applicant has been employed as
a private officer, guard, or watchman.
(f) Any other information deemed necessary by the chief of
police for the registration.
6.44.100 Investigation.
Upon receipt of the application, the chief of police shall
conduct such investigation as he may deem proper as to the character
and morals of the applicant.
-8-
6.44.110 Denial of the Registration Permit.
The chief of police shall deny an application for registration
permit if any of the following factors are present;
(a) The applicant has been convicted of a felony, an offense involving
the use of force or violence upon the person of another, an offense
perpetrated with the use of deceit or fraud, or an offence involving
moral turpitude.
(b) The applicant has made knowingly, with the intent to deceive, any
false, misleading, or fraudulent statement of facts in the regis-
tration permit application, or any other document required by the
city in conjunction therewith.
(c) The applicant is not of good moral character or reputation.
6.44.120 Application Fee - Registration Permit.
Each application for a private patrol employee registration
permit shall be accompanied by a non-refundable fee of twenty-five
dollars 025.00). The fee is to be retained by the City of Burlingame
for payment
of costs
of conducting
the investigation of the applicant
6.44.130 Issuance
of
Permit.
The chief of police, if satisfied that the applicant is qualified
as above set forth, shall cause a registration permit to be issued for
the applicant to engage in employment with a private patrol service.
An identification card, to be carried at all times, shall be issued to
him.
6.44.140 Appeal from Denial.
Any applicant for a license to operate a private patrol service,
or any applicant for a private patrol service employee registration
permit, who is dissatisfied with the decision of denial by the chief
of police, may, within ten days of such denial, appeal to the Burlingame
city council for review thereof. If no appeal is filed within such ten
(10) day period, the action of the chief of police in denying such
license or permit shall be final.
-4-
The city council, after reviewing the causes for denial, may
overrule the decision of the chief of police and order a license to be
issued.
6.44.150 Length of Private Patrol Service License
and Private Patrol Service Employee
Registration Permit.
All licenses and permits shall be issued fora period of one
calendar year, or portion thereof, and only after being approved and
countersigned by the chief of police.
6.44.160 Renewal.
Private patrol service licenses and private patrol service
employee registration permits are renewable on July 1st of each year
upon approval by the chief of police. Failure to renew a license or
permit within ten (10) days after the same shall have become due
shall act automatically as a revocation of such license or permit.
Thereafter a license or permit shall be renewable only upon refiling
a new application and fee.
6.44.170 Transfer of Licenses and Registration Permits.
No private patrol service license shall be transferable.
An employee registration permit is considered as having been
issued to an individual, and will permit one to transfer employment
from one private patrol service to another without having to make
reapplication each time he changes places of employment.
6.44.180 Revocation or Suspension of Private Patrol
Service License or Employee Registration
Permit.
Any license or permit issued under this ordinance shall be
subject to suspension or revocation for any grounds that would warrant
denial thereof in the first place, or for any violation of this
chapter.
Any suspension or revocation ordered by the chief of police
shall take effect upon delivery of written notice of suspension
-5-
or revocation to a licensee or permitee, or, in the absence of the
licensee, to an employee of the licensed establishment.
The licensee, if he wishes to protest the action of the chief
of police, shall wn ten
(10)
days
file an appeal
with the city
`deputy sheriff,'
'peace officer,'
"law enforcement,'
or other term or
title that would
council requesting review.
Upon
failure
to file such
appeal within
the ten (10) day period, the action of the chief of police in effecting
such suspension or revocation shall be final.
The city council shall hold a hearing after ten (10) days'
written notice to the appellant and may approve or disapprove the
suspension or revocation.
6.44.190 Presently Operating Private Patrol Service.
All private patrol services presently operating in the City
of Burlingame may continue to operate only after full compliance vaith
all provisions of this ordinance, excepting the investigation fee will
be waived and a processing fee of ten dollars ($10 00) shall be
submitted with the license application.
6.44.200 Uniforms and Badges.
All uniforms and badges 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.
6.44.210 Titles.
Private patrol service operators and employees thereof are
prohibited at all
times from using
the term or title
'police,'
police 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
Department
or other law enforce-
ment agency having
any jurisdiction
in San Mateo
County.
_6_
6I 44.220 Operations.
No person shall in connection with the operation of a private
patrol service
knowingly represent himself or
another to be a member
of the Burlingame
Police Department or other law
enforcement agency.
P7o person shall
in connection with the operation
of a private patrol
service 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.
6.44.230 Vehicles.
The chief of police may regulate the color, affixed signs,
insignia and lettering to be used on motor vehicles operated by a
private patrol service 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 said 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 regula-
tions of the California Vehicle Code,
6.44.040 Notice of Termination of Employees.
The person in charge of any licensed private patrol service,
after the termination of any registered employee engaged in private
patrol service operations, shall notify the chief of police in writing
within five (5) days of such termination.
44 250
Terminated Employee Delivering Registration Permit.
Any registered employee under this ordinance whose employment is
terminated with a private patrol service, shall deliver and surrender
his registration permit to the chief of police. The permit shall be
held by the chief of police until expiration, or until the registrant
-7-
gains employment with another private patrol service in the City
of Burlingame, whichever occurs first. If the registrant gains em-
ployment prior to the expiration of the permit, the permit will, upon
request, be returned to the registrant for employment purposes.
It shall be a violation of this chapter to fail to deliver
or surrender a registration permit as required.
6.44.260 State Licensing Required.
Any person, firm or corporation engaged in providing a private
patrol service in the City of Burlingame, and employees thereof,
shall be licensed under the Business and Professions Code of the
State of California."
Section 2. This ordinance shall become effective thirty (30)
days from the date hereof and shall be published as rea,uired by law.
Lk
F .t
J tib'
/ Mayor
I, EVELYfJ H. HILL, City Clerk, do hereby certify that the fore-
going ordinance was introduced ata regular meeting of the City Council held
on the 1st
day of August, 1977, and was adopted thereafter at a regular
meeting of the City Council held on the 15tWay of ,August 19775
following vote:
AYES: COUNCILMEN
NOES: COUNCILMEN
ABSENT: COU"
Harrison--r,.➢aP�ni r i t'iarti n
y R.
-3-
;;City Clerk
by the