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Ordinance 648 i'lL. ~ . ~,.. '.. ORDINANCE NO. 648 AN ORDINANCE PROVIDING RULES AND REGULATIONS FOR PRIVATE PATROL SERVICE AND PRI- VATE PATROL OPERATORS. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I. PRIVATE PATROL SERVICE DEFH!EO. The words "Private Patrol" shall mean any person carrying on the business or occupation of night watchman, night watch service, private policeman, or any other occupation, the purpose of which is to afford additional police or fire protection for hire or reward; provided that a watchman or care- taker working for a single employer in a line of business other than defined herein, shall not be subject to the provisions of this ordinance; and further pro- vided that a person operating an armored car service for transporting money or other valuable personal property under guard, shall not be subject to the provi- sions of this ordinance. SECTION 2. PERMIT REQUIRED: DURATION. No person, either as principal or agent, shall engage in the business of maintaining or operating any private patrol service or patrol system, without first obtaining a permit to do so issued by the City Administrator and countersigned by the Chief of Police, and by the Chief of the Fire Department when a fire patrol is to be maintained. The permit shall be issued upon payment of a permit fee of $5.00 per employee and upon compliance with the requirements contained herein. The permit shall be carried at all times by the person to whom it is issued, and shall be exhibited upon demand by anyone. No permit issued hereunder shall be transferable by operation of law, or otherwise. The City Administrator shall issue a permit only after he has determined, after a review of the investigation made by the Chief of Police, that the contents of the appli- cation are true, that the applicant is a fit and proper person to carryon such business, that the applicant has complied with the ordinances of the City of Gil- roy and the laws of the State of California. Every operator of an existing private patrol service or patrol system must apply for and obtain a permit within thirty (30) days after the effective date of this ordinance. SECTION 3. APPLICATION FOR PERMIT; INVESTIGATION; REQUIREMENT. An application for a permit shall be filed with the City Admin- istrator, who shall cause an investigation to be made by the Chief of Police con- cerning it. The application shall be signed and verified by the applicant and shall specify his name, business address, residence address and the numbers of any telephones maintained by him, the location of his last place of business, the name and character of said business, and the length of time he was engaged therein, a statement of whether the applicant has ever been convicted of a felony or mis- demeanor, and such other information as shall be deemed necessary by the City Ad- ministrator. The application must be accompanied by a surety bond, the form of which shall be approved by the City Attorney and the penal sum of which must be Two Thousand Dollars ($2,000.00). The condition of each bond must be sub- stantially such that the principal therein named will faithfully conform to ea~h and all of the laws of the State of California, whether then in force, or which may thereafter be adopted, relating to the business of the applicant. The prin- ~ipal and sureties named .in said bond, and their successors and assigns, shall be jointly and severally bound unto the City of Gilroy, and unto any person, firm or corporation aggrieved or damaged until the whole penalty is exhausted. In the event that the total liability of the sureties upon such bond falls below Two Thousand Dollars ($2,000.00), applicant shall furnish an additional bond to keep the liability at the minimum of Two Thousand Oollars ($2,000.00). If the applicant intends to, or does, operate any motor vehicle in the conduct of his business, he shall file with the City Clerk a policy or policies of insurance, carrying a ten day cancellation notice endorsed thereon, covering such motor vehicle, which said insurance shall, as a minimum, include public liability coverage to the extent of Fifty Thousand Dollars ($50,000.00) for the death or injury of any person in anyone occurrence, One Hundred Thous- and Dollars ($100,000.00) for the death or injury of two or more persons in anyone -1- fDJ../8 occurrence, and property dumage coverage in the sum of Ten Thcusand Dollars ($10,000.00). Said insurance policy shall apply to aoa cuver, each and every vehicle maintained by the aoplicant in furtherance of his business. At the time of filing an application, the applicant shall fur- nish to the Chief of Police his finger and thumb prints and a recent passport type photograph of himself. The Chief of Police shall report the results of his investiga- tion and his recommendation upon the application to the City Administrator. When a fire patrol is to be maintained, the Chief of the Fire Department shall also submit his recommendations upon the application. SECTION 4. EMPLOYEES. Prior to the employment of any person by a private patrol ser- vice or patrol system, such person shall make written application to the Chief of Police for a permit. setting forth his name, address, physical description, whether he has ever been convicted of a felony or misdemeanor. and such other informat:on as may be required. At the time of making application, a proposed employee shall also submit his finger and thumb prints, a recent photograph, and a certificate from a reputable physician licensed by the State of California, certifying that, in his opinion, the proposed employee is not afflicted with any disease or infirm- ity which makes him unsafe or unsatisfactory for the performance of his duties. The fee for the issuance of a permit shall be $5.00. The Chief of Police shall Issue a permit approving employment of the proposed employee only after he has determined that the proposed employee is of the age of twenty-one (21) years or over, that the contents of the application are true, that the proposed employee is a fit and proper person to engage in such activities, and that the proposed employee has complied with the requirements of this section. The permit shall be carried at all times by the person to whom it is issued, and shall be exhibited upon demand by anyone. SECTION 5. REGULATION OF UNIFORMS AND EQUIPMENT. The Chief of Police shall prescribe or approve the style and type of uniform, if any, to be used by said private patrol system or patrol ser- vice, for the purpose of maintaining a readily apparent distinction from the uniforms worn by the regularly employed police officers of the City of Gilroy. No equipment or motor vehicle shall be used in any business or activity permitted hereunder except with the prior approval of the Chief of Police, who shall inspect such equipment or motor ve~icle to insure the maintenance of a readily apparent distinction from the equipment and n~tor vehicles used byauth- orized law enforcement agencies. The Chief of Police shall prescribe or approve the type or character of identification markings or insignia placed on any motor vehicle used in the operation of any private patrol service or patrol system. SECTION 6. REPORTS. Any and all unusual occurrences observed while patrolling or at any other time, by members of a private patrol service or patrol system shall be reported to the City Police Department immediately. 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 revocation of any permit or license issued hereunder. SECTION 7. SCOPE OF AUTHORITY. No rights, duties or privileges granted or permitted hereunder shall be construed to create, permit or otherwise vest in the permittee, or any licensee, any powers specially reserved to peace officers as defined in the Penal Code of the State of California, as distinguished from private citizens. SECTION 8. REVOCATION OF PERMIT OR LICENSE. A permit or license issued under the provisions of this ordin- ance may be revoked by the City Officer authorized to issue such permit or license, -2- ... .. if the holder thereof has violated any of the provisions of this ordinance of the City of Gilroy, or the laws of the State of California, or the United States, the violation of which reflects unfavorably upon the fitness of the holder of the permit or license to offer a private patrol service. or be employed in offering such service, or has otherwise acted in such a manner as to demonstrate his unfit- ness to offer such private patrol service, or to be employed In offering such service. Prior to any such revocation the holder of the permit or license shall be given notice of the proposed action, and shall be given an opportunity to be heard. If, within five (5) days after such notice of proposed action has been given to the holder, he requests a hearing on the proposed revocation, a public hearing shall be held within thirty (30) days after such request, upon ten (10) days notice to all interested parties. The officer issuing such permit or license shall conduct the hearing, and if, as a result thereof, such permit or license is order- ed revoked, said holder shall have the right, within five (5) days after such order, to appeal such action to the City Council. Said appeal shall be made by filing with the City Clerk, within said five day period, a written notice of ap- peal, which notice shall specify with particularity the grounds upon which said appeal is made. The City Council shall hear said appeal at its next succeeding regular or adjourned regular meeting held not less than five (5) days after the filing of such appeal, and the decision of the City Council shall be final. SECTION 9. OTHER FEES. Fees required to be paid for any permit or license issued her& under shall be in addition to any fee required to be paid under the Business Li- cense Ordinance of this City. SECTION 10. PENALTY. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00), or by i~ prlsonment in the County Jail for a period not exceeding six (6) months, or by ~th such fine and imprisonment. SECTION 11. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, sub- section, sentence. clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. SECTION 12. REPEALING PROVISION. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. following vote: PASSED AND ADOPTED thi s 20th day of March , 1961, by the AYES: NOES: COUNCIL MEMBERS: Goodrlch,Jordan,Pate,Rush,Wentworth, and Sanchez. COUNCil MEMBERS: None ABSENT: COUNCil MEMBERS: Petersen APPROVED: \TTEST: qj~~paYne &,~~~ Susanne E. - (--- City Clerk Sig Sanchez Mayor ~f the City of Gilroy I ./ // _ ~_-... ,- ,," r' "'",/ ./ ", ) -3- . ' I , Susanne E. Payne , City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 648 is a true and correct copy of the whole of such Ordinance, duly adopted by the Council of the City of Gilroy, at a regular meeting of said Council held on the 20th day of March 19 61 ,at which meeting a quorum was present. I further certify that the said ordinance has been pub- lished in accordance with the charter of the City of Gilroy. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 21st day of March , 19 i,L. uo~6. City Clerk of the City of