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HomeMy WebLinkAboutOrd 913-1982FOLLOWS: ORDINANCE NO. 913-82 AN ORDINANCE ADDING CHAPTER 6.62 ENTITLED "PRIVATE PROTECTION AND SECURITY SERVICES REGULATED" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS SECTION 1. CHAPTER 6.62 ADDED. Chapter 6.62 is hereby added to the South San Francisco Municipal Code and shall read as follows: "Chapter 6.62 Private Protection and Security Services Regulated Sections: 6.62.010 6.62.020 6.62.030 6.62.040 6.62.050 6.62.060 6.62.070 6.62.080 Registration of Fixed Patrol and Street Patrol Businesses. Fixed Patrol Defined. Street Patrol Defined. Person. Registration of Street Patrol Businesses, Application, Fees. Refusal of Registration Application. Granting of Registration Application. Registration of Employees of Street Patrol Business. 6.62.090 Registration of Fixed Patrol Businesses, Application. 6.62.100 Refusal of Registration of Fixed Patrol Operator. 6.62.110 Granting of Registration of Fixed Patrol Operator. 6.62.120 6.62.130 6.62.140 6.62.150 6.62.160 Notice of Termination of Employee. Uniforms and Badges. Titles. Operations. Vehicles. III i I 11 II 6.62.170 6.62.180 6.62.190 6.62.200 6.62.210 6.62.220 6.62.230 Scope of Authority. Reporting of Certain Unusual Occurrences Required. Refusal of Registration, Appeals. Revocation of Registration. Insurance Coverage. Business License. Exemptions." 6.62.010 Registration of Fixed Patrol and Street Patrol Businesses. Unless registered as hereinafter provided, it shall be unlawful for any person, firm or corporation to manage, conduct or carry on the business of a fixed patrol, or street patrol, in the City of South San Francisco, or willfully to hire the services of a fixed patrol, or street patrol, unless said fixed patrol, or street patrol, is registered as hereinafter defined. 6.62.020 Fixed Patrol Defined. For the purpose of this Chapter; the term "Fixed Patrol" shall mean a person, firm or corporation licensed by the State of California, who or which agrees to furnish, or furnishes, a watchman, guard, patrolman or other person to protect persons or property or to prevent theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind, remains at a fixed location and does not utilize the public streets during the course and scope of such employment, except for inci- dental use of the streets by a fixed patrol operator, or his employee, solely for the purpose of traveling from one location owned or operated by a client to another location owned or operated by the same client, or for the purpose of supervising employees of a fixed patrol operator, or for incidental use of the streets reasonably necessary to accomplish the purpose of the fixed patrol service. Ill ! I II ~ll 6.62.030 Street Patrol Defined. For the purpose of this chapter, the term "Street Patrol" shall mean any person, firm or corporation who furnishes or agrees to furnish, for any consideration whatsoever, any of the services enu- merated in Section 6.62.020 of this chapter and utilizes the public streets to perform such services and is licensed by the State of California to perform such services or is employed by a person so licensed. 6.62.040 Person. For the purpose of this chapter, the term "Person" shall mean an individual, corporation, copartnership, firm, association, joint stock company or combination of individuals of whatever form or character acting as a unit. 6.62.050 Registration of Street Patrol Businesses, Application Fees. Persons operating a street patrol business which is required to be registered pursuant to Section 6.62.010 of this chapter shall register with the Chief of Police on application forms provided therefor. The forms shall be verified, shall be accompanied by a receipt showing that the applicant has paid to the Director of Finance a non-refundable processing fee in an amount set by resolution of the City Council, and shall contain the following information: (a) The true name and address and telephone number of the appli- cant and all persons financially interested in the operation of the street patrol business. (b) (c) (d) (e) The date, place of birth and citizenship of all such persons. The past criminal record, if any, of all such persons. The fingerprints of all such persons. Evidence that applicant is currently licensed under the applicable provisions of the California Business and Professions Code and the California Administrative Code. (f) The area of the City of South San Francisco, or the portion thereof, in which the applicant proposes to provide street patrol service. (§) The number and description of motor vehicles to be used by applicant. (h) The description and serial number of the firearms to be used by applicant and his employees. (i) Proof of insurance coverage as provided in Section 6.62.210 of this chapter. (j) Evidence that the applicant has applied for a business license as provided for in Chapters 6.04 through 6.16 of this code. (k) If the applicant is a corporation, the application shall set forth the name of the corporation exactly as shown in its articles of incorporation; the names and residence addresses of each of the officers, direc- tors, and each stockholder owning more than 10 percent of the stock of the cor- poration. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited part- ners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. (1) Subsection (d) of this section shall not apply to any of the following: (1) A corporation, the stock of which is listed on a stock exchange in the State of California or in the City of New York, State of New York. (2) A bank, trust company, financial institution, or title com- pany to which application is made or to whom a license is issued in a fiduciary capacity. (3) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission. Upon receipt of an 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 interested in the street patrol service for which registration is sought and as to the proposed territory of the City of South San Francisco, or portions thereof, within which the street patrol ser- vices is to be conducted. 6.62.060 Refusal of Registration Application. A. The Chief of Police may refuse registration of any applicant or any person financially interested in the operation of the street patrol business for any of the following reasons: (1) The street patrol business as proposed by the applicant would not comply with all applicable State and Municipal laws and regulations. (2) 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 or another, an offense perpetrated with the use of deceit or fraud, or an offense involving moral turpitude. (3) The applicant has knowingly made false, misleading, or fraudulent statement of facts in the registration application or any other docu- ment required by the city in conjunction therewith. (4) The applicant or any person financially interested in the business is not of good moral character or reputation. B. Should the Chief of Police refuse registration, the applicant for a street patrol business may appeal such action as set forth in Section 6.62.180 of this chapter. -5- 6.62.070 Granting of Registration Application. Upon granting the registration application, the Chief of Police or the City Manager or his designee on appeal, shall designate the portion or portions of the City of South San Francisco within which such street patrol business may be carried on, and shall specify therein such other reasonable additional requirements imposed upon applicant as are necessary to meet local needs and are not inconsistent with the provisions of the California Business & Professions Code and the California Administrative Code, Title 16, Professional Rules and Regulations pertinent to the Bureau of Collection and Investigative Services; provided, however, that no person shall be allowed to register as a street patrol business who is not licensed under the provisions of said Codes. 6.62.080 Registration of Employees of Street Patrol Business. A. Upon the Chief of Police's approval of the registration application, the registrant shall furnish the Chief of Police with the names of those who are or will be engaged in street patrol, on a form provided therefor. The form shall contain all of the following information. (1) The true name, address and telephone number of the employee. (2) The date of birth and citizenship of such person. (3) The past criminal record, if any, of such person as stated by the employee, including a signed statement of the employee that the information in subsections (1), (2) and (3) is true and correct. (4) The fingerprints of such person. (5) A true and correct copy of each employee's state registration card and a true and correct copy of each employee's state firearm permit, when such employee will be armed. lilt (6) The serial number and description of each firearm owned by such employee and carried in the scope of his duties. (7) Evidence that the applicant has a registration card approved and issued by the Bureau of Collection and Investigative Services pursuant to California Administrative Code, Title 16, Chapter 7, Article 3 entitled "Private Investigators, Private Patrol Operators, Insurance Adjusters, Repossessors and Alarm Company Operators". (8) Such other information as may be deemed relevant by the Chief of Police. 9) Two photographs of the applicant taken within sixty (60) days immediately prior to the date of the filing of the application, which pictures shall be approximately 2" x 2", showing the head and shoulders in a clear and distinct manner. B. Upon receipt of the names of the employees who will be engaged in street patrol service, the Chief of Police shall conduct such investigation as he may deem necessary and proper as to the character and morals of the employee. Should the Chief of Police, after a noticed hearing, find that the character and morals of such employee are such as to constitute a danger to the public if said employee were to be utilized in street patrol services, the registrant shall not thereafter utilize such employee for street patrol services. C. Any applicant for registration under this section who is dissatified with the decision of the Chief of Police may file an appeal as set forth in Section 6.62.190 of this chapter. 6.62.090 Registration of Fixed Patrol Businesses, Application. Persons required to register for Fixed Patrol Businesses shall do so with the Chief of Police on registration forms provided therefor. The application shall be verified and shall contain the following information: -7- (a) The true name, address and telephone number of the registrant and of all persons financially interested in the operation of the fixed patrol business. (b) Evidence that registrant is currently licensed under the appli- cable provisions of the California Business & Professions Code and the California Administrative Code. (c) The number and description of motor vehicles proposed to be used by registrant. (d) The description and serial number of the firearms to be used by applicant and his employees. (e) Proof of insurance coverage as provided in Section 6.62.210 of this chapter. (f) Evidence that the applicant has applied for a business license as provided for in Chapters 6.04 through 6.16 of this Code. (g) If the applicant is a corporation, the application shall set forth the name of the corporation exactly as shown in its articles of incorporation; the names and residence addresses of each of the officers, direc- tors and each stockholder owning more than 10 percent of the stock of the cor- poration. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited part- ners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. 6.62.100 Refusal of Registration of Fixed Patrol Operator. The Chief of Police may refuse registration for any of the following reasons: (a) The fixed patrol business as proposed by registrant would not comply with all applicable State and Municipal laws. -8- I:ll ! I 11 :~ (b) The registrant knowingly made any false, misleading or fraudulent statement of facts in the registration form or any other document required by the city in conjunction therewith. (c) The Chief of Police may deny registration of any of the employees of the fixed patrol business if the information required by Section 6.62.100 has not been supplied, or if the Chief of Police deems such denial necessary to pro- tect the health and safety of the community. Such denial shall not be incon- sistent with any of the provisions of the California Business & Professions Code and the California Administrative Code. The decision of the Chief of Police may be appealed as set forth in Section 6.62.180 of this Chapter. 6.62.110 Granting of Registration of Fixed Patrol Operator. A. Upon granting the registration application, the Chief of Police shall require the registrant to furnish the names of employees of the registrant who are or who will be engaged in fixed patrol on a form provided therefor which shall provide the following information: (1) The true name and address of the employee. (2) A true and correct copy of each employee's state registration card issued pursuant to California Business and Professions Code Sections 7506.1, 7514.2, and California Administrative Code, Title 16, Sections 688 et seq., and their successors. (3) Verification from the registrant that each employee has success- fully completed the course in exercising the power to arrest pursuant to California Business and Professions Code Sections 7506.1, 7514.2 and California Administrative Code, Title 16, Sections 688 et seq., and their successors. (4) A copy of a valid firearm qualification card for each employee will be armed. (5) The serial number and description o~ each firearm owned by such employee and carried in the court and scope of his duties. =9- (6) Such other information as may be deemed relevant by the Chief of Police and consistent with the provisions of the Business and Professions Code and the California Administrative Code. B. A fixed patrol business registered under this Chapter may utilize an employee without complying with this section for a period not exceeding two weeks where, because of any event described in Section 409.5 of the Penal Code of the State of California or because of an extensive public gathering, the ser- vices required of the fixed patrol business cannot be performed without an imme- diate increase of personnel. Such fixed patrol business shall, not later than completion of the employee's first tour of duty, notify the Chief of Police in writing of the names of the employees so utilized and justification of their use without otherwise complying with this section. 6.62.120 Notice of Termination of Employee. A registrant, within five days after the termination of any employee engaged in street patrol services or fixed patrol services shall notify the Chief of Police in writing of such termination. 6.62.130 Uniforms and Badges. All uniforms and badges of street and fixed patrol businesses shall be approved by the Chief of Police and shall in no way resemble those of the City of South San Francisco police department or other law enforcement agency having any jurisdiction in San Mateo County. 6.62.140 Titles. Street and fixed 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 any other term or title that would suggest to the public any official connection with the City of South San Francisco police department or other law enforcement agency having any jurisdiction in San Mateo County. -10- 6.62.150 Operations. No person shall in connection with the operation of a street or fixed patrol service knowingly represent himself or another to be a member of the City of South San Francisco police department or other law enfor- cement agency. No person shall in connection with the operation of a street or fixed 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 City of South San Francisco police department or any other law enforcement agency. 6.62.160 Vehicles. A. The chief of police may regulate the color, affixed signs, insignia and lettering to be used on motor vehicles operated by a street or fixed patrol ser- vice so as to eliminate confusion with those of the City of South San Francisco police department, or any other law enforcement agency having any jurisdiction in San Mateo County. B. 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 City of South San Francisco police depart- ment or by any other law enforcement agency having any jurisdiction in San Mateo County is prohibited. C. Vehicles shall comply with all mechanical and equipment regulations of the California Vehicle Code. 6.62.170 Scope of Authority. No rights, duties or privileges granted or permitted under this chapter shall create, permit or otherwise vest in the registrant under this chapter any powers specially reserved to peace officers as defined in the Penal Code of the state as distinguished from private citizens. -11- III I I 11 [] 6.62.180 Reporting of certain unusual occurrences required. Any unusual occurrences observed while patrolling or at any other time by a street or fixed patrol registrant or employee shall be reported to the police department forth- with. It shall be the duty of such person to preserve the scene intact and allow no moving, disturbing or otherwise interfering with the property, persons or things affected. Any violation of this section shall be grounds for revoca- tion of registration. 6.62.190 Refusal of Registration, Appeals. A. Should the Chief of Police refuse registration of a street or fixed patrol business, notice of such refusal shall be served upon the applicant by depositing in the U. S. Mail, a true copy thereof, with First Class postage pre- paid, addressed to the applicant at his last known address, within three days from the date of action of the Chief of Police. (B) Any applicant whose registration has been refused may appeal such refusal by filing with the City Manager a notice of appeal within fifteen (15) days after the date of such action by the Chief of Police and by serving such notice personally or by mail upon the Chief of Police or his duly authorized representative appointed for said purpose. (C) Thereafter, the City Manager or his designee shall fix a date for hearing said appeal and designate the time and place where such hearing is to be held, which date shall not be more than thirty (30) days from the date of the filing of the appeal. At least ten days' prior written notice of such hearing shall be given to the applicant. (D) At any such hearing, the applicant shall be given the opportunity to defend himself and may call witnesses, be represented by counsel and present evidence in his behalf. -12- lit I I 11 ir~ (E) The chief of police or his representative shall attend the hearing and shall have the burden of proof to establish by a preponderance of evidence that the action of the Chief of Police was justified and in compliance with the pro- visions of this Chapter. (F) The city manager or his designee shall affirm, modify or reverse the action of the chief of police. The decision of the city manager or his designee shall be final and conclusive. 6.62.200 Revocation of Registration. A. The registration of a fixed patrol or street patrol business issued pursuant to this chapter may be revoked after a hearing before the city manager or his designee for any reason for which the registration could have been denied in the first instance, or when the registrant is in violation of any of the provisions of this chapter, or of the State Business and Professions Code or Administrative Code. B. Notice of such revocation hearing shall be served upon the registrant at his last known address. Such notice shall set forth the grounds upon which the revocation hearing is based and shall designate the time and place where such hearing is to be held, which date shall not be more than thirty days from service of such notice. C. At least ten days' prior written notice of such hearing shall be given to the registrant. D. The registrant may continue to operate the fixed patrol or street patrol business pending the revocation hearing before the city manager or his .designee unless in the judgment of the chief of police such operation would endanger the public health and safety. In that event, the chief of police may order the registrant to cease its operations pending the hearing before the city manager or his designee. Such order shall be effective five days from the date -13- Iii I ' Il:Il of service of such order. E. At any such revocation hearing, the registrant shall be given the opportunity to defend himself and may call witnesses, be represented by council and present evidence in his behalf. F. The Chief of Police or his representative shall attend the hearing and shall have the burden of proof to establish by a preponderance of evidence that the action of the Chief of Police was justified and in compliance with the pro- visions of this Chapter. G. The decision of the city manager or his designee shall be final and conclusive. 6.62.210 Insurance Coverage. A. The applicant, prior to registering as a fixed patrol business, or a street patrol business, must present evidence of insurance in the following amounts: (1) Workmen's Compensation and Employers' Liability Insurance to cover the applicant's employees, as required by the Labor Code of the State of California. (2) Comprehensive bodily injury and property damage liability insurance, including automobile liability and including liability for assault and battery, false arrest, false imprisonment, malicious prosecution, libel and slander, and invasion of privacy. This insurance shall provide limits of liabi- lity of not less than $500,000 for injury to each person and $1,000,000 for each occurrence and $500,000 for property damage. Any comprehensive bodily injury and property damage liability insurance polilcy or policies shall include the City of South San Francisco, its officers and employees as additional named insureds, in the event any person shall charge or allege that the City of South San Francisco, its officers or employees are liable or responsible for any act or -14- !' Iii I conduct of the fixed or street patrol business, and shall contain the following endorsement: "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the appropriate limit of liability afforded hereunder is exhausted." B. Each of said policies of insurance shall also contain a clause substan- tially in the following words: "It is hereby understood and agreed that this policy may not be cancelled, nor the amount of the coverage reduced, until twenty (20) days after receipt by the City Attorney of the City of South San Francisco of a written notice of such can- cellation or reduction of coverage, as evidenced by receipt of a registered letter." C. Insurance required pursuant to this section must be maintained by the fixed patrol or street patrol business for the entire term of the permit. Failure to maintain insurance as required herein shall be grounds for revocation of the registration provided for in this Chapter. D. All certificates of insurance must be approved as to form by the City Attorney of the City of South San Francisco. 6.62.220 Business License. Every person, firm or corporation registering as a street patrol or fixed patrol business shall annually obtain a City business license as required by the Municipal Code of the City of South San Francisco 6.62.230 Exemptions. This chapter does not apply to private investigators as defined in Section 7521(a) of the Business and Professions Code, to repossessors as defined in Section 7521(d) of the Business and Professions Code, to alarm company operators as defined in Section 7521(e) of the Business and Professions Code, to armored contract carriers as defined in Section 7521(g)of the Business and Professions Code or to any person declared exempt from regula- 45- r' II I I'il tion by the State as set forth in Section 7522 of the Business and Professions Code." SECTION 2. SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdic- tion, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. SECTION 3. PUBLICATION Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after adop- tion of this Ordinance, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with thenames of those City Council members voting for and against this Ordinance or otherwise voting. SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from and after its adoption. i II I TI'F~ this AYES: Introduced this 1st day of December , 1982. Passed and adopted as an Ordinance of the City of South San Francisco at a reqular meeting of the City Council of the City of South San Francisco 15th day of December , 1982, by the following vote: Councilmembers Ronald G. Acosta, Mark N. Addieqo, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teqlia NOES: None ABSENT: None foregoing Ordinance this ATTEST:~city Cle~rk~ As Mayor of the City of South San Francisco, I do hereby approve the 15th day.~f December , 1982. -17- '1 II I I111