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HomeMy WebLinkAbout1975-07-15; City Council; 3102; CMC 8.40 amends - Private police patrols- I. ' 1 2 3 4 5 I I ORDNANCE NO. 3102 6 7 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 8.40 TO REGULATE PRIVATE POLICE PATROLS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: Title 8 of the Carlsbad Municipal Code is amended by the addition of Chapter 8.40 to read as follows: I 11 12 13 0 14 2 3 ! 15 &Q 16 PO'Z z>zg gkzk o -I 17 u:, 3a 55Sci 18 8gNg 20 cj 56 19 s 20 1: 21 22 23 24 25 26 27 as 2 wu G 9 10 Sections: 8.40.010 8.40.020 8.40.030 8.40.040 8.40.050 8.40.060 8.40.070 8.40.080 8.40.090 8.40.100 8.40.110 8.40.120 8.40.130 8.40.140 8.40.150 8.40.160 8.40.170 8.40.180 8.40.19 0 8.40.200 8.40.210 8.40.220 8.40 -230 8.40.240 8.40.250 8.40.260 8.40.270 8.40.280 8.40.290 "Chapter 8.40 PRIVATE POLICE PATROLS "Chapter 8.40 PRIVATE POLICE PATROLS Definitions. License required. Application. False statements in application prohibited. Application fee. Disposition of taxes. Bond required; sufficiency . Bond to be kept on file; suspension for failure. Action on bond. Reduction of bond by judgment. Suspension of bond generally. Investigation of applicants. Duty to issue license or deny application and give notice. Request for hearing upon denial. Clerk to set date, give notice of hearing. Hearing. Term. Transferability. Renewal. Identity of employer to appear on officer license Rules and regulations. Suspension authorized. Grounds for suspension. Duration of suspension. Notice of suspension. Authority to request hearing upon suspension. Clerk to set date, give notice of hearing. Hearing. Who officer may work for restricted. __ I1 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 8.40.010 Definitions. As used in this chapter, the following words and phrases shall have the meaninqs ascribed to - them in this section: (1) 'Private police patrol service' means the guarding, watching or patrolling of private property by man, animal or device, except where performed for a single owner by persons whose entire compensation is paid by such owner, directly or indirectly. (2) 'Private police patrol special officer' means any person who guards, watches or patrols as an owner, agent, servant or employee of a street patrol service. 8.40.020 License required. It shall be unlawful for any employee of a state licensed private patrol operator who is unable to furnish evidence of registration pursuant to subdivision (f) of Section 7514 of the California Business and Professions Code or for any person to perform or offer to perform as a private police patrol service or to act as a private police patrol special officer in this city unless licensed pursuant to this chapter. police patrol service license or a private police patrol special officer license shall be made to the city clerk on forms provided by the chief of police, which shall be in a form fixed by the chief of police. 8.40.030 Application. An application for a private 8.40.040 False statements in application prohibited. No person shall make any false statement in an application for a license required by this chapter. 8.40.050 Application fee. An application for a private police patrol service license shall be accompanied by the payment of the license tax required by Section 5.08.180. An application for a private police patrol special officer license shall be ac- companied by the payment of a fee of five dollars. 8.40.060 Disposition of taxes. The tax for a license required by this chapter shall be returned to the applicant for such license if the application is denied and shall be paid into the general fund of the city if the license is issued. 8.40.070 Bond required; sufficiency. No private patrol service license shall be issued by the city clerk unless the applicant files with him a surety bond executed by such applicant with two or more sureties or by a surety company authorized to do business in the state in the sum of five hundred dollars condi- tioned for the careful, faithful and honest conduct of the business of private police patrol service. The bond required shall be approved by the city attorney as to form, execution and sufficiency of sureties. 8.40.080 Bond to be kept on file; suspension for failure. 2. 1 2 3 4 5 6 7 a 9 1c 11 12 12 0 14 a 2c 21 22 2: 24 2: 2E 27 2E I- 0 - oc Every person licensed in accordance with this chapter shall, at all times, maintain on file with the city clerk the surety bond required by this chapter in full force and effect; and upon fail- ure to do so the license of such licensee shall be forthwith sus- pended until such a bond is so placed on file. 8.40.090 Action on bond. The bond required in section 8.40.070 shall be taken in the name of the people of the state; and every person injured by the negligent, willful, malicious or wrongful act of the principal, his agent, servant or employee, in the conduct of said private police patrol service may bring an action on the bond in his own name to recover damages for such negligent, willful, malicious or wrongful act. 8.40.100 Reduction of bond by judgment. Unless the sureti bond required by this chapter expressly provides to the contrary, when any person obtains a judgment thereon, the bond shall be deemed to have been reduced by the amount of the judgment and the bond shall no longer be in full force and effect to that extent. 8.40.110 Suspension of bond generally. The city clerk shall immediately suspend any private police patrol service li- cense when the bond required by section 8.40.070 lapses, is re- duced by reason of a judgment thereon or for any other reason is no longer in full force and effect. 8.40.120 Investigation of applicants. The city clerk shall refer all applications for licenses to the chief of police. The chief of police shall investigate the character and qualifica- tions of all applicants for licenses required by this chapter. 8.40.130 Duty to issue license or deny application and give notice. If the chief of police is satisfied that the appli- cant for a license required by this chapter is of good moral character and qualified to hold the license applied for, he shall approve the license, otherwise he shall deny the applica- tion and notify the applicant of such denial by notice mailed to him at the address given in his application. Upon approval the chief of police shall return the application to the city clerk who shall issue the license. 8.40.140 Request for hearing upon denial. The chief of police's determination to approve the license required by this chapter or deny the application therefor shall be final unless the applicant, within ten days of the date of mailing of the notice of denial required in section 8.40.130, shall, in writing filed with the city clerk, request a hearing thereon by the city council. 8.40.150 Clerk to set date, give notice of hearing. Upon receipt of a request for a hearing to review the denial of an application for a license required by this chapter, the city clerk 3. 1 2 3 4 5 6 7 8 9 10 11 12 12 2c i- 7j 21 2: 2; 24 25 2( 2'; 21 clr shall set such request for hearing not later than fifteen days therefrom, or at the next council meeting thereafter and mail notice of the hearing to the chief of police and to the appli- cant at the address shown on his request of hearing at least five days prior to the date of the hearing. 8.40.160 Hearing. At a hearing to review the denial of an application for license required by this chapter, the city council shall hear the chief of police and his witnesses and the applicant and his witnesses. by resolution, either sustain the chief of police's action or direct the city clerk to approve the license applied for. After the hearing the council shall, 8.40.170 Term. All licenses issued pursuant to this chapter shall be for a term of one calendar year. 8.40.180 Transferability. Licenses issued under this chapter cannot be transferred. 8.40.190 Renewal. Upon payment by those persons licensed pursuant to this chapter of a payment of a renewal tax or fee in the same amount as the tax or fee on the original application, the city clerk shall issue renewal licenses to all licensees whose licenses have not been suspended at the time such licenses ex- pired. 8.40.200 Identity of employer to appear on officer li- cense. Licenses for private police patrol special officers shall set forth the private- police patrol service for whom the private police patrol special officer is authorized to act. 8.40.210 Rules and regulations. The chief of police is authorized to prepare such rules and regulations for private police patrol services and private police patrol special officers as he deems necessary, which shall be effective upon approval of the city council. 8.40.220 Suspension authorized. The chief of police may suspend any license issued in accordance with this chapter for a violation of approved rules and regulations. 8.40.230 Grounds for suspension. A violation of approved rules and regulations by one licensed pursuant to this chapter shall be grounds for suspension of such license. required by this chapter may be for a definite length of time or until the violation is avoided. 8.40.240 Duration of suspension. Suspension of a license 8.40.250 Notice of suspension. The chief of police shall immediately notify any licensee, by personal service, of the 4. 1 2 3 4 5 6 7 8 9 10 11 12 12 0 14 2c 21 2: 2: 24 2: 26 27 28 z 5 nn suspension of his license and inform the city council of his action. 8.40.260 Authority to request hearing upon suspension. Any licensee whose license is suspended as authorized by this chapter may, in writing, request a hearing thereon by the city council. 8.40.270 Clerk to set date, give notice of hearing. Upon receipt of a request for a hearing to review the suspension of a license required by this chapter, the city clerk shall set such request for hearing not later than fifteen days therefrom, or at the next council meeting thereafter, and mail notice of hearing to the chief of police and to the licensee at the address shown on his license at least five days prior to the date of the hearing. 8.40.280 Hearing. At a hearing to review the suspension of a license required by this chapter, the council shall hear the chief of police and his witnesses and the licensee and his wit- nesses. After the hearing the council shall by resolution either sustain the police chief's action, modify the terms of the suspen- sion, or order the license reinstated. 8.40.290 Who officer may work for restricted. It is unlawful to act as a private police patrol special officer for a private police patrol service other than the service his license authorizes him to act for, unless so authorized by the chief of police. I' EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoptioi INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 1st day of July , 1975, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 15th day of July , 1975, by the following vote, to wit: ... 5. AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and NOES : None Councilwoman Casler ABSENT : None ATTEST : (SEAL) 6.