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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