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HomeMy WebLinkAboutOrdinances - No. 595In the City Council City of Lodi Lodi , California OEDINANCE NO. 595 AN ORDINANCE BEGULATING PRIVATE PATROL SYS'.lXMs AND PRIVATE PATROL WATCRMEN; PBOVIDING FOR A PENALTY FOR VIOLATION HEREOF; BEPEALING ALL ORDINANCES IN CONFLICT HEEZEWITH Be it ordained by the City Council of the City of Lodi as follows : Sec. I (a} PRIVATE PATEIOL SYSTEM DEFINED. For the purposes of this ordinance, a "private patrol system" is hereby defined as any business which purports to furnish or does furnish any private policeman, watchman or guard to patrol any territory, or to guard or watch property of another person, in the City of Lodi. . (b) PRIVATB PA!IXOL WATCHMAN DEFINED. For the purposes of this ordinance a "private patrol watchman" is hereby defined as any individual who patrols any territory, or guards or watches property of another person, within the City of Lodi, and who is employed by a person holding a private patrol system permit or who himself holds a permit to operate a private patrol system, and who holds a permit as required by this ordinance. (d) PERSON DEFINED. For the purposes of this ordinance the word "person" shall be held and construed to mean and include natural persons of either sex, firms, associations, co-partnerships and corporations. masculine shall include the feminine. The singular shall include the plural.- and the Sec. I1 (a) UNLAWFLJL TO OPEMTE A PRIVATE PATROL SYSTEM WITHOUT A PERMIT. person, either as principal, or agent, or otherwise, to engage in It is hereby declared to be unlawful for any the business of operating a private patrol system without first having obtained a permit therefor as in this ordinance provided. (b) APPLICATION FOR PRIVATE PATROL SYSTEM MUST BE MADE TO FINANCE DIRECTOR. Any person desiring a permit to engage in the business of operating a private patrol system shall file with the Finance Director a written application in triplicate, addressed to -1- the City Manager of the City of Lodi, setting forth the information required by this ordinance, and shall pay to the Finance Director a filing fee of $15.00. If such applicant is an individual, he shall sign the application personally. firm or co-partnership, such application shall be signed personally by each person composing or intending to compose such association, firm or co-partnership. If the applicant is a corporation, such application shall be signed by each member of its Board of Directors. Such application shall be sworm to by all persons signing the same before some person authorized to administer oaths. If the applicant is an association, (c) CONTENTS OF APPLICATION FOR PRIVATE PATROL SYSTEM An application for a permit to operate a private patrol PERMIT. system shall be accompanied by the applicantes fingerprints and a photograph not over six months old and shall be on a form to be supplied by the Finance Director and shall set forth the following inf ormat ion : (1) The full name and home address of each person signing the application; (2) The name under which it is proposed to operate the intended private patrol system; (3) The business or occupation for the five (5) years last past of each person signing the application, giving the name and address of each employer, the date of commencement and termina- tion of employment, and the nature of the services performed by each such person; (4) The territory of the City of Lodi in which it is desired to operate the proposed private patrol system; (5) The hours during which it is proposed to patrol such territory or render guard or watchman service; (6) The address of the principal place of business of the applicant, or the proposed principal place of business, and all existing or proposed branch offices; I (7) The date of the issuance of the license held by the applicant, issued by the Department of Professional and Vocational Standards of the State of California pursuant to the -2- laws of the State of California, as a private detective, and the name and address of his surety or sureties; (8) State whether any person signing the application has ever been arrested on a charge of the commission of a felony, or a charge involving moral turpitude, at any time, or arrested for any reason, within the five (5) years last past, giving full details; (9) The name and address of the person or persons who will have the active operation and management of the business; (10) If the applicant is a corporation, the application shall be accompanied by a certified copy of the resolution or minutes authorizing the application; (11) Such other information as the Chief of Police or the City Manager may require. (d) FINANCE DIRECTOR TO FORWAFKJ APPLICATION TO CHIEF OF POLICE. Immediately upon the receipt of an application for a private patrol system permit, the Finance Director shall forward one copy thereof to the Chief of Police, one copy to the City Manager, and file with the permanent records of his office, the original applicationo to be known as “Applications and Permits for Private Patrol Systems“ wherein he shall maintain separately all records and documents of his office pertaining to each private patrol permit application and private patrol watchman permit, The Finance Director shall maintain a permanent file (e) INVESTIGATION BY CHIEF OF POLICE. Upon receipt from the Finance Director of a copy of an application for a permit to operate a private patrol system, the Chief of Police shall forth- with make an investigation and written report to the City Manager as to the truthfulness of the facts therein set forth, and the reputation and character, competency and integrity of each person signing the application, and whether the management, conduct and operation of such proposed private patrol system will’or will not comport with the public welfare, and for this purpose shall con- sider any facts or evidence bearing on the moral fitness and -3- reputation of those who will be in charge of such private patrol system and any other evidence or fact tending to assist in enlighten- ing the City Manager in this respect. (f) CITY WAGER TO HOLD HEARING ON APPLICATION. Upon receipt of the written report of the Chief of Police, the Finance Director shall forthwith set the application for public hearing before the City Manager at a date not less than five (5) days after its receipt. applicant and to such other persons as may in writing request notice, of the day, time and place of such hearing not less than two (2) days prior to such hearing. The Finance Director shall give written notice to the (g) CITY WAGEB TO GRANT OR DENY PERMIT. The City Manager shall grant or deny a permit to the applicant within ten (10) &ays after the completion of such hearing; provided,’ however, the City Manager shall deny an application if it appears: (1) That any person signing the application has ever been convicted of a felony, or a misdemeanor involving moral turpi- tude; or (2) That any person signing the application does not have a good reputation for honesty, or character, or integrity, or sobriety, or is not a responsible person; or (3) For any reason, within his sound discretion, that a private patrol system is not needed within the territory set forth in the application, or for any other reason would not comport with the public welfare. (h) SUEETY BOND. Any person who has made application for a private patrol system permit under this ordinance and who does not hold a valid permit issued by the Department of Professional and Vocational Standards of the State of California to carry on the bueiness of a private detective, shall, before any permit is issued to him, deliver to and file with the Finance Director of the City of Lodi, a surety bond, executed by a surety company authorized to do business in the State of California, in the sum of $5,000.00, -4- conditioned for the faithful and honest conduct of such business by such applicant, which bond shall be upon a form provided by said Finance Director and approved as to its form and execution by the City Attorney. of the City of Lodi, and every person injured by the wilful or mali- cious or negligent or wrongful act of the principal, his agents or employees, may bring an action on said bond in his own name to re- cover damages suffered by reason of said wilful or malicious or negligent or wrongful act. may be canceled only by service of a written notice upon the Finance Director of the City of Lodi not less than five days prior to the effective date of such cancellation, and the holder of a private patrol system permit and his private patrol watchmen, thereby secured, shall be ips0 facto suspended upon the cancellation of said bond, until such time as another bond is filed as herein required in the first instance. Such bond shall be taken in the name of the people A surety bond filed as herein required (i) CONDITIONS OF PERMIT FOR PRIVATE PATROL SYSTXM. iRny permit for a private patrol system shall be issued upon the folowing terms and conditions: (1) That such private patrol system shall be operated and conducted subject to the general supervision of the Chief of Police of the City of Lodi; and (2) That the holder of such permit will require each private patrol watchman employed by him to: Report by telephone to such places and at such intervals as the Chief of Police may require; Report by telephone to the nearest police station immediately upon receipt of any police signal system; Aid, *assist and co-oplerate with the Lodi Police Department in the detention or apprehension of persons suspected of violating the law. (j) REVOCATION OF PRIVATfi PATROL SYSTEM PERMIT. Any permit granted pursuant to this ordinance for the operation of a private patrol system may be revoked by the City Manager for any - 5- 1 reason for which the granting of such permit might be lawfully denied, or for the violation of any provision of this ordinance, or for any other good cause. Such revocation shall be made only after a hearing granted to the holder of such permit before the City Mana- ger, after five (5) days* notice to said permit holder, setting forth the grounds of complaint against him and stating the time and place where such hearing will be held. Such hearing may be continued over from time to time as the circumstances may require. Upon revo- cation of any permit, such permit shall be forthwith surrendered to the City Manager. The revocation of any permit shall be in addi- tion to any other penalties otherwise provided in this ordinance. (k) TRWNSFgR OF PRIVATE PATBOL SYSTEM PERMIT. No private patrol system permit may be transferred without the written consent of the City Manager obtained upon application in the same manner as is herein provided for the original application for such permit. (1) UNLAWFUL TO ACT AS PRIVATE PATROL WATCHMAN WITHOUT PERMIT. It shall be unlawfu for any person to act as a private patrol watchman, or for any person holding a private patrol system permit to employ, or permit; any person to act as, a private patrol watchman, unless such person holds an unrevoked permit to so act as provided in this ordinance. Sec. I11 (a) APPLICATION FOR PRIVATh PATROL WATCHW PhRMIT - CONTbNTS. file with the Finance Director an application in triplicate request- ing that a permit to act as a private patrol watchman be issued to the person therein named. The application shall be accompanied by a filing fee of $5.00, and shall be upon a form supplied by the Finance Director and shall be sworn to before a person authorized to administer oaths, and must state the length of time that the affiant has known such person, that he has investigated such The holder of a permit for a private patrol system may l person and believes him to be a man of good character, honesty and reputation, competency and integrity, and physically and mentally -6- capable of performing the duties of private patrol watchman, and that he will require such person, if a permit is granted to him, to conform to and abide by all requirements of this ordinanceo If the applicant is the holder of a private patrol system permit, he need only file the written statement required by Section 111 (b) of this ordinance. (b) WRITTEN STATEiwENT - CONTENTS - TO ACCOPIPBNY APPLICATION. Such application for a private patrol watchman permit shall be accompanied by a written statement (in triplicate) upon a form supplied by the Finance Director, sworn to by the person to whom it is desired that a permit be issued, before a person authorized to administer oaths, setting forth the following information: (1) The full name and home address of such person; (2) The business or occupation, for the five (5) years last past, of such person, giving the name and address of each em- ployer, the date of commencement and termination of employment, and the nature of the services performed; (3) If he has ever been arrested on a charge of the commission of a felony or charge involving moral turpitude at any time, or arrested for any reason within five (5) years last past, give full details; (4) That he is able to read, write and speak the English language ; (5) Such other information as the City Manager or Chief of Police may require. (c) APPLICATION TO BE SKNT TO CHIEF OF POLICE. Immediately upon the receipt of an application for a private patrol watchman permit and the written statement , the Finance Director shall for- ward one copy thereof to the Chief of Police, one copy to the City Manager, and file the original with the records of his office per- taining to the permit issued to the applicant. (d) APPLICANT TO BE FINGER PRINTED AND PHOTOGRAPHED. -7- The person named in an application for a private patrol watchman's permit shall, within three (3) days after the filing of such appli- cation with the Finance Director, present himself to the Police Department of the City of Lodi to be photographed and fingerprinted, Said Department shall forthwith cause said person to be photographed and fingerprinted, and such photograph and fingerprints shall be filed in the permanent records of said Department. * (e) CHIEF OF POLICE TO GEWET OR DENY PERNIT. Upon receipt by the Chief of Police of a copy of such application and written statement, he shall forthwith investigate the truthfulness of the facts therein set forth, the moral fitness and reputation, character, integrity and competency of the person who made such statement, and if, upon the completion of such investigation, he concludes that such statements are true and that he is a qualified and fit person to act as a private patrol watchman, he shall issue a permit to such person granting him the right to act as a private patrol watchman for the Demon making the application; provided, however, such application must be denied if it appears: (1) That such person has been convicted of a felony, or a misdemeanor involving moral turpitude, or of a violation of any liquor or narcotic law; or (2) That he does not have a good reputation for honesty, or character, or integrity, or is not a responsible person, or does not have the necessary mental, or moral or physical quali- fications to perform the duties of a private patrol watchman; or (3) That he cannot read, or write, or speak the English language, (f) REVOCATION OF PRIVATE PATROL WATCHIUN'S PERMIT. Any permit granted nursuant to this ordinance for a private patrol watchman may be revoked by the Chief of Police, after an opportunity to be heard has been granted to the person holding the permit after five (5) days notice of the time ard place of such hearLny, for the violati.on of any prnvj.si.nn of this ordinance, or whenever it shall appear to the Chi.ef of Poljce that. said person does not have the i.ntel Itgence, or caureze, or 2udgment necessary for the performance of the duties of a private ratrol watchmm, or has been under the influence of intoxicatinK 1.i.quors while p,erformin,7: his duties, or for any other good cause. (g) PEPNIT TO EXPIRE - WEN. A permit, to act as a ?rjvat,e patrol. watchman, im!.pss prPvi.oiisly revoked as here?i.n. rravided, sha1.1 expi-re and tpmiinate u.nm the termination or revocat.ion of the permit ?ranted to the ?erson who made applica.ti.on for his private patrol watchman nerrr.it , or unon his discharge, removal. or resi-pation as an employee of the yesson who made apnlication for his perm,it.,* Sec, IV (a) UNLAWFUL TO WEAR IJNTFORIVI SIMIL,AR TO POLJCE, ETC. It shal.1 be unl.awfu1. for any nerson to wear, or cause or r3errnj.t to be worn, any imiform in the operation of a prlivate patrol system that is simil.ar to the uniform used by the Jhdj. ?ol.i.ce or Fire Departments, and no uniform shall be worn iinless the same shall. have been fi.rst approved by the Chief of Pol.ice. (b) UNTJAVWUL TO DISPLAY BADGE SIMILAR TO POLICE, ETC. It shall be unlawful for any person to wear or displaq, or cause to be worn or displayed, any badfje or insignia simi1.a.r in desicn to that used by the Lodi Police or Fire Departments, and no badge or insiznia' shal.1 he worn, displayed or used in any manner unless the same has been first approved by the Chief of Police, ( c) UPJLAWFUI, TO PiANUPACTURE PRIVATE PATROL \VATCHI%AN S BADGE, It shal.1 be unlawful for any Ferson to sell, for use in the City of Lodi, any badge of a like or similar design to that used by the Tmdi Police Department or Lodi Fire Department; or to sell any badge to be used by a private patrol system or private patrol watchman, in the City of Lodi, except upon the written order of the Chief of Police, -9- I (d) UNLAWFUL TO USE RANK, ETC , WITHOUT CONSENT OF CHIEF OF POLICE, It sha1.1 be unlawfiil for any Derson to use, wear or exhibit an:r rank or insiwia of rank, or cause or nermit to be used, worn or exhibited any rank or insicnia of rank, by any person ooerat- inc, or emnloyed by a nerson operatinp, a nrivate natrnl system, except such as may he aporoved in writine by the Chief of Police, * Sec. V, CHIEF OF POLICE TO FILE COMPLAINTS. The Chief of Police is hereby authorized, ernnowered, and directed to fils, or cause to be filed, with the Department of Professional and Vocational Standards of California, a complaint aFainst any person holding a permit to carry on the business of Drjvate detective issued by such Board, whenever he believes good cause exists therefor., Sec, VI. PUST PAY LICENSE TAX. Nothins herein contained shall. be construed to permit any nerson to operate a private patrol systern unless such person sha1.l have first paid any license that may be required by any other ordinance of the City of Lodi, and noth- ing herein shall be construed as a waiver of any such license, See, VII, NOTICE - HOW GIVEN. Any notice reouired by this ordinance must be in writing and may be given by personal service or by mail. In case of service by mail, the notice must be deposited in the United States Post Office, in a sealed envelope, with postage prepaid, addressed to the person on whom it is to be served, at his last known address as the same appears from the files of the Finance Director, The service is completed at the time of the deposit in tie Post Office Sec. VIII. APPEALS. Any holder of a private patrol system permit, or a private patrol watchman permit, excepting to any denial, suspension or revocation of a Dermit applied for or held by him, or to any action taken by any official of the City of Lodi concerning such permit, may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal setting forth the specific grounds thereof. Such notice must be filed -10- within fourteen (14) days after notice of such action appealed from, but in no event later than thirty (30) days after date of such action. before the Council and cause not.ice thereof to be given to the appellant not less than five (5) days prior to such hearine;. At such hearing the appellant shall show cause, on the grounds specified in the The City Clerk shall forthwith set said matter for hearing notice of appeal, why the action excepted to should not be approved, Such hearings may, by the Council, be continued over from time to time, and its findings on the appeal shall be final and conclusive in the matter, Sec. IX. PENALTY FOR VIOLATION. Any person violating any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor and upon conviction thereof shall. be punished by a fine of not more than $500,00, or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment See. X, Any private patrol system in existence and doing business, and any person employed as a private patrol watchman, in the City of Lodi, at the time this ordinance takes effect, shall be entitled to continue as such for a period of thirty (30) days from and after the taking effect of this ordinance and if, within said thirty (30) days, application is made as in this ordinance provided, for a private patrol system permit and a private patr'ol watchman permit, said private patrol system and private patrol watch- man may continue as such until such application is granted or denied, Sec. XI. CONSTITUTIONALITY, 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 this ordinanceo The City Council of Lodi declares that it would have passed this ordinance, and each. section, subsection, sentence, clause and phrase thereof, irrespec- tive of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional,, -11- Sec, XII. This ordinance shall take effect and be in full force from and after thirty (30) days from its final passage, Approved this 17th day of July, 195A. / Mayor of the City of Lodi City Clerk I,' HENRY A. GLAVES, JR., City Clerk of the City of Lodi do hereby certify that Ordinance No. 595 was introduced at a regular meeting of the City Council held June 19, 1957, and was thereafter passed, adopted and ordered to print at a regular meeting held July 17, 1957, by the following vote: AYES: Councilmen - Fuller, Katzakian, Mitchell, Robinson and Hughes NOES: Councilmen - None ABSENT: Councilmen - None I FURTHER CERTIFY that Ordinance No. 595 was approved and signed by the Mayor on the date of its passage and that the same has been published pursuant to 1 City Clerk Dated: July 18, 1957 -12-