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HomeMy WebLinkAboutOrdinance #848 ORDINANCE No. 848 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DECLARING AN EMERGENCY TO EXIST AND AMENDING TIE HUNTINGTON BEACH ORDI- NANCE CODE BY RE-ENACTING ARTICLE 2321 ENTITLED "PRIVATE PATROL SERVICE" AND ADDING NEW SECTIONS TO SAID ARTICLE RE- LATING TO PRIVATE PATROL SERVICE. WHEREAS, a privately operated patrol service is a pub- lic service , and as such needs and requires local regulation, control and supervision in order to provide the best possible service to the subscribers of such service and to protect the general public from unlicensed, unethical and inefficient service, and to protect the licensed, legitimate, qualified and licensed private patrol operator from substandard uneth- ical, inefficient and unlicensed competition, all for the public good and general welfare of the citizens of this City; and WHEREAS, the license period of the presently licensed private patrol services expire on June 30, 1961, and that before application for renewal of said licenses are received and new licenses issued by the License Department of this City, that said private patrol operators should set forth their respective qualifications, ethical and modern methods of operation and public need and necessity for their respect- ive services; and WHEREAS, in order to provide for the immediate preserv- ation of the public peace, property and safety, this ordinance Ord. No. 848 should be immediately adopted to regulate the private patrol services for the welfare and protection of the inhabitants and property within the City of Huntington Beach. NOW THEREFORE, the City Council of the City of Hunting- ton Beach. do ordain as follows: Section 1. That Article 232 be added to Chapter 23 as re-enacted of the Huntington Beach Ordinance Code and as re-enacted said article shall read in words and figures as follows: ARTICLE 232 PRIVATE PATROL SERVICE Section 2. The following new. sections are hereby added to Article 232 of the Huntington Beach Ordinance Code and shall read in words and figu es as follows: Section 2321. Definitions: (a) "Private Patrol Service" means that activity or business carried on by a person who purports to furnish, or who does furnish, or who otherwise makes available to another, any watchman, guard, or other individual, either uniformed or otherwise, to patrol any portion of the City of Huntington Beach, or to guard or watch any property, including guarding against theft, fire or both, or to act as escort for a funeral procession, or to guard the transportation and delivery of 2. Ord. No. 848 money or other personal property, or to perform any service usually and customarily performed by a peace officer. For the purposes of this Article only, the words "Private Patrol Service" shall also include the exclusive and regular employ- ment of a person by one employer in connection with the af- fairs of such employer only, where there exists an employer- employee relationship and such employee devotes the major portion of his hours of employment to one or more of the.- ac- tivities referred to in this section. (b) "Private Patrol Service" does not include the guarding of property of a single owner when such property is not open to the public when such guarding is done by one or more individuals whose entire salary or wage is paid by such owner; nor does it include service of any nature performed . by an employee whose .,hiain or principal duty is not. that of guarding or protecting property. (c) "Patrolman" means a person engaged in one or more of the activities referred to in subsection (a) of this section, as the owner, member or employee of a private patrol service.. Section 2322. Certificate of Public Need and Necess- ity Required. It shall be and it is hereby declared to be unlawful for any person, firms or corporation to operate or conduct any private patrol service in the City of Huntington Ord. No. 848 Beach unless such person, firm, or corporation has previous- ly obtained a Certificate of Public Need and Necessity to do so as provided for in this Article . Section 2322.1. Application for Certificate of Public Need and Necessity. Any persons firm, or corporation, desir- ing to obtain a Certificate of Public Need and Necessity re- quired by this Article shall make application therefor to the City Council by filing the same with the City Clerk. Each application shall be accompanied by a performance bond in the amount of Two Thousand Five Hundred Dollars ($2, 500.00) as well as a fee of Five Dollars ($5.00) for filing of the said application. Said bond shall be in the same form as required in Section 2102.11 of the Huntington Beach Ordinance Code . Said application shall be in writing and shall, among other things set forth the following: (1) Name , age , business and residence address of the ap- plicant , if a natural person; or if a corporation, its name , date and place of incorporation, address of its place of business and the names and addresses of its principal officers; or if a partnership, association or unincorporated company, the names and residence addresses of the partners or of the partners or of the persons comprising such association or company. 4. Ord. No 848 (2) An accurate map of the district, territory) or area proposed to be served by the private patrol service.. (3) A description of the methods of operation. (4) A statement in detail as to the public need and nec— essity for additional private patrol service in the City of Huntington Beach. (5) The names and addresses of all private patrolmen who are and will be employed by the private patrol ser— vice. (6) A statement as to what offenses, if any, any person(s) mentioned in subsections (1) and (5) hereof, have been convicted (7) A description of any mobile or station radio equip— ment including the frequency assigned by FCC to said radio transmitting equipment. (8) A description of the vehicles, including color, in— signia, and special police equipment to be used. (9) One set of three standard size fingerprint cards bearing the fingerprints of each person mentioned in.. subsections (1) and (5) hereof. (10) One identification photograph of each of the persons mentioned in subsections (1) and (5) hereof. (11) Such other information as may be required by the City Council or Chief of Police. K_ Ord. No. 848 Section 2.322.2. Granting Certificate of Public Need and Necessity. (a) Upon receipt of an application for a Certificate of Public Need and Necessity, the City Clerk shall immediate- ly refer and forward the application to the Chief of Pblice who shall investigate the character, fitness and qualifica- tions of every person whose name appears on such application. Upon completion of said investigation, the Chief of Police shall transmit such application to the City Administrator, together with his recommendations that the Certificate be granted or denied, together with his reasons therefor. After study, the City Administrator shall thereupon transmit such . application to the City Council together with his recorimenda- tions in connection therewith. (b) Upon receipt of an application for a Certificate of public need and necessity to conduct or operate a` private patrol .service, the City Council after consideration, shall either grant the same to the full extent request or it shall notify the applicant that the Council intends to deny the application or to grant the application, but permit opera- tions of the private patrol service in only a portion of the territory, or by only a part of the patrolmen, or both, covered by the application. Within five days after such notification, applicant may demand a public hearing. If he does not do so, he shall be deemed to have consented or agreed to such denial or granting of the Certificate. 6. Ord. No. 848 (c) Within thirty (30) days after an applicant for a Certificate of Public Need and Necessity to conduct a pri- vate patrol service, files with the City Council a demand for a public hearing, the City Council shall hold such public hear- ing and shall serve notice of the time and place thereof, five (5) days prior to the public hearing, upon the City Adminis- trator, Chief of Police, the applicant and upon every person named as a patrolman in the application whom the City Council intends not to allow to act as such. The mailing of such notice with postage prepaid, addressed to the applicant and to those persons named as private patrolmen, at the respective addresses specified in the aplication, shall constitute suf- ficient notice of such hearing. Nothing herein shall be con- strued as limiting the power of the City Council to grant a Certificate of Public Need and Necessity to more than one private patrol service to operate in the same area. Section 2322.3. Business License Required. Every per- son, firm or corporation owning, operating or conducting a private patrol service in this City shall in addition to and after obtaining the foregoing Certificate of Public Need and Necessity, obtain a business license therefor and shall pay to the City' the business license fee provided for by Ordinance of this City. No such business license shall be issued by the City to any person until such person is granted a Certifi- cate of Public Need and Necessity by the City Council. 7. Ord. No, 848 Section 2322.4. Modification of Certificate of Need and Necessity. (a) A private patrol service shall within five (5) days after any patrolman, detective , owner, member , or employ ee , required to be licensed under this Article, is no long- er employed or associated with the service or agency, notify the Chief of Police of that fact and shall thereupon return to the Chief of Police any license and/or identification. card which may have been issued hereunder to such employee. (b) Upon written application by a licensed patrol- man, accompanied by a written application from the private patrol service , licensed under this article , proposing to employ such patrolman, and upon satisfying the Chief of Police that such patrolman is, or will be, no longer employ- ed by the service or agency formerly employing such patrol- man, the Chief of Policy may modify the patrolmanr s license so as to designate the new employee and may modify the Cer- tificate of Public Need and Necessity of the services or agencies to conform to the change of personnel. Section 2323. Private Patrolman' s License: Appli- cation. (a) Any person desiring a license to act as a private patrolman and is or will be employed by a licensed Private Patrol Service shall file - an application with the Chief of Police together with any license fee required by any ordinance of the City of Huntington Beach. Such applica- tion for a private patrolman' s license shall contain: Q Ord.' No.k 858 1. Name and address of the applicant; 2. Statement of all businesses and occupations engaged in for the past five years and the names and address- es of not less than three persons also to verify such statements; 3. A statement of what offenses , if any, the applicant has been convicted, including traffic violations; 4. A complete set of fingerprints and an identification photograph of the applicant ,., taken by the Police De- partment; 5 A letter from the licensee of the private patrol ser- vice certifying that such licensee desires to employ such private patrolman and that there is an existing or contemplated vacancy authorized under the licensee' s Certificate of Need and Necessity. 6. Such other information as the City Council or Chief of Police may require . 7. The applicant for a private patrolman' s license shall at the time of application pay the sum of Two Dollars ($2.00) in addition to any other- fees . prescribed by law to defray the expense of investigation, identifi- cation, and issuance of an identification card. (b) If the Chief of Police, after investigation, determines that the applicant is a fit and proper person to perform the duties of a private patrolman he shall issue an A. Ord. No. 848 identification card which shall contain: (1) the name of the licensee, (2) the right index fingerprint; (3) the name and number of the license of the private patrol system by which the licensee will be em- ployed; (4) the signature of the Chief of Police; (5) any other information deemed necessary by the Chief of Police. Section 2323.1. No Employment of Unlicensed Patrolmen. . It shall be unlawful and it is hereby declared to be a misde- meanor for the owner, operator or manager of a private patrol service to employ, or use the services of, in any way, a pri- vate patrolman whose name is not on the Certificate of Public Need and Necessity issued to such service or agency, or who does not possess a valid and subsisting license. Section 2324. Equipment Used. The Chief of Police shall specify the police equipment, 'including weapons, which a li- censee may wear while on duty. A licensee shall not wear any equipment or weapon, or carry any weapon, not so specified. Section 2324.1. Badges and Caps. (a) For the purpose of this Article , the word badge shall also include cap piece or cap badge. 10. Ord. No. 848 (b) The City Council shall prescribe or approve the size, shape and inscriptions of the badges to be worn or carried by a private patrolman. The design shall be such as not to be mistaken as an official City, County or State badge,. sheriff' s, Marshalls or any official police badge of any City within the County of Orange or of any state offic- er. (c) It shall be unlawful and it is hereby declared to be a misdemeanor for any person not licensed hereunder to display and, badge, license or identification card pre- scribed for private patrolmen hereunder with intent to de- ceive another into the belief that such person has been duly licensed. (d) Whenever a private patrolman' s license has been revoked, or he ceases to be employed as such, he shall immediately surrender his license identification card and badges to his employer. (e) While engaged in his duties as such, within the City Limits of the City of Huntington Beach, a private. patrolman shall keep upon his person at all times, his identification card and shall wear or carry the badge pre- - scribed by this Article and shall not wear, carry or dis- play any other badge of any kind whatsoever. Section 2324.2. Use of Badge , Uniform and Title. (a) It shall be unlawful for any person t,o give, Ord. No. 848 - deliver to, or sell a private patrolman' s badge or any badge of a design the same as, or so similar to the badge prescribed hereunder, as to be mistaken therefor, to any person not licensed pursuant to the provisions hereof. (b) It shall be unlawful for any person to purchase or receive as a gift, pawn or pledge any badge issued by the private patrol service pursuant to the provisions hereof. (c) It shall be unlawful for a patrolman to wear any uniform which is an imitation of, or can be readily mistaken for, an official sheriff' s uniform or any official uniform of the Police Department of any City within the County of Orange, or an Official Uniform of any State Offi- cer. Patrolmen licensed hereunder shall wear, while on duty as such patrolmen, a uniform of slate-gray colored material; provided however, that the Chief of Police may by written order authorize a patrolman to perform his duties in clothing other than a uniform. (d) It shall be unlawful for a private patrolman to assume or use a rank or title the same as, or similar to, any rank or title used by the Sheriff or by any Police Department within the County of Orange. (e) It shall be unlawful and is hereby declared to be a misdemeanor for any private patrol service to use , grant, bestow or permit any employee to assume or use any rank or title the same as or similar to, any rank or title 12. Ord. No. 848 . used by the Sheriff or by any Police Department within the County of Orange. Section 2325. Licensee not to perform Police Duties. It shall be unlawful and it is hereby declared to be a misdemeanor for any licensee hereunder to perform any of- ficial police duties. He shall immediately report in the m most expeditious manner every violation of law and every un- usual or suspicious occurrence or activity coming to his at- tention in the performance of his duties, to the nearest Police Officer or to the Huntington Beach Police Department. A licensee shall then make a full report,in writing, in the form prescribed by the Chief of Police of such violation or other unusual or suspicious occurrence without unnecessary delay to the Huntington Beach Police Department. Section M3 .1. Chief of Police to Investigate Complaints. All complaints regarding the activities of the licensee shall be investigated by the Chief of Police. Re- ports of such complaints shall be held in the files of the Police Department and shall be subject to inspection by the City Administrator or City Council at all times. Section 2325.2. Chief of Police may suspend and recommend Revocation of License and Certificate of Public Need and Necessity. (a) If as a result of a complaint regarding the 13. Ord. No. 848 activities of a licensee, the Chief of Police is satisfied that a violation hereof has been committed or such licensee has engaged in any serious misconduct, prejudicial to the faithful discharge of the duties required of such licensee, he may suspend the license and Certificate of Public Need and Necessity forthwith and recommend to the City Administrator and City Council -that the license and Certificate of such private patrol service or private patrolmen be suspended for a certain period of time or be revoked. (b) Within five (5) days after suspension of a license and/or Certificate of Public Need and Necessity by the Chief of Police , the licensee may demand a public hearing by filing such demand in writing with the City Clerk. -If the licensee does not make and file such demand within the five (5) day period he shall be deemed to have consented and agreed to a full revocation of his license and Certifict.tee of Public Need and Necessity. If such demand is made within the time specified, the City Council shall fix a time and place for the hearing of the issue of the suspension or re- vocation of the license and/or Certificate and shall cause the City Clerk to serve the licensee with notice of the time and place of the hearing, together with a statement of the charges which are the basis for the hearing at least ten (10) days prior to the time fixed. for said hearing. (c) The City Clerk may serve the aforementioned notice of statement upon the licensee personally or upon 14 Ord`. No. 848 said licensee by delivering the same by registered United States Mail, postage prepaid, to licensee at address given in his application for the license and Certificate. (d) The hearing shall be public and the licensee shall have the right to produce witnesses on his own behalf and to be represented by counsel. (e) Failure on the part of the licensee to appear be- fore the City Council at the time and place fixed shall con- stitute a forfeiture of said license or licenses and Certif- icate of Public Need and Necessity. (f) The findings and decision of the Council upon such hearing shall be final and conclusive. (g) In the event that the Certificate and license of any licensee is revoked by the City Council, such person shall not be granted a new Certificate and/or license for a period of zix (6) months after the date of such revocation. Section 2326. Rules and Regulations. Subject to the approval of the City Administrator, the Chief of Police may make such rules and regulations not inconsistent with the requirements hereof, governing the operations of licensees hereunder. Section 3. If any section, subsection, paragraph, sentence, clause or phrase of this. Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity or constitutionality of the 15. Oral. No. 848 remaining portions of this Ordinance. The City Council here- by declares that it would have passed this Ordinance and each section, subsection, paragraph, sentence , clause or phrase thereof, irrespective of the fact that one or more of the sections , subsections, paragraphs , sentences, clauses or phrases thereof be declared unconstitutional or invalid. Section 4. This ordinance ,being an emergency measure , for the immediate preservation of the public health and safety, which emergency is set forth and defined in the pre- amble hereto, shall take effect and be in force from and after the passage and adoption hereof. Section 5. The City Clerk shall certify to the pass- age and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and cir- culated in the City of Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, CalifDrnia, this 5th day of June , 1961. Niay o ATTEST: 4 City erk 16. Ord. No. 848 3 STATE OF CALIFORNIA J County of Orange ) ss City of Huntington Beach I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 5th day of June , 1961, and was again read to said City Council at a regular meeting thereof held on the 19th day of June , 1961 and was passed and adopted as an emergency measure by a four-fifths vote of said City Counc- il as follows: AYES: Councilmen: Wells, Lambert, Stewart, Waite, Gisler NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and officio Clerk of the City Council of the City of Huntington Beach, California