Chapter 4.140
PRIVATE PATROLS
Sections:
4.140.020 Private patrol operator permit required.
4.140.030 Application for permit.
4.140.040 Requisites for issuance of permit.
4.140.080 Private patrol officer permits.
4.140.090 Appeals from decisions of chief of police.
4.140.110 Suspension or revocation of permit – Criteria.
4.140.120 Suspension of permit – Notice.
4.140.130 Revocation of permit – Notice and hearing.
4.140.010 Definitions.
For the purpose of this chapter, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning was intended:
A. A “private patrol operator” or “operator of a private patrol system,” within the meaning of this chapter, is a person who, for any consideration whatsoever, agrees to furnish, or furnishes, a watchman, guard, patrolman, or other person to protect persons or property, or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation, or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind, or performs the service of such watchman, guard, patrolman or other person, for any such purpose.
B. A “private patrol officer” is a person employed by a private patrol operator as a watchman, guard, or patrolman.
C. The city of South Lake Tahoe recognizes that private patrol operators are regulated and licensed by the State of California Consumer Affairs. The city is also aware that state regulatory law allows some local regulation. It is the intention of the city to regulate private uniformed operators and their employees to the maximum extent. (Ord. 183 § 1; Ord. 674 § 1. Code 1997 § 21B-1)
4.140.020 Private patrol operator permit required.
Before any person shall engage in the business of operating any private patrol system within the city, he/she shall first make application to the chief of police in writing. (Ord. 183 § 1; Ord. 262 § 1; Ord. 674 § 1. Code 1997 § 21B-2)
4.140.030 Application for permit.
An application shall be verified and shall include:
A. Full name and business address of the applicant.
B. Name under which applicant intends to do business.
C. Statement of the general nature of the business in which applicant intends to engage.
D. If the applicant is one other than an individual, the full name and address of each of its partners, officers, directors, and its manager, together with a complete set of fingerprints of each such person.
E. The numbers of any telephones maintained by the applicant.
F. The location of his last place of business, the name and the length of time he was engaged therein.
G. City Registration. Owners and employees of private patrols will register on a biannual basis with the police department and when ownership and employee status changes. No fees will be charged. A photocopy of the state licenses and permits will be made at that time. A mug shot photograph will be taken along with a color overall of the applicant in full uniform. A set of fingerprints will also be obtained. (Ord. 183 § 1; Ord. 674 § 1. Code 1997 § 21B-3)
4.140.040 Requisites for issuance of permit.
Before an application for a permit is granted, the applicant or his manager shall meet all of the following:
A. Be licensed as a private patrol operator under Article 3, Chapter 1, Division 3 of the Business and Professions Code of the state.
B. Be at least 18 years of age.
C. Be free from any criminal convictions or violations as outlined in the Business and Professions Code, Section 7528. (Ord. 183 § 1; Ord. 262 § 1; Ord. 674 § 1. Code 1997 § 21B-4)
4.140.050 Investigations.
The chief of police shall make an investigation concerning the applicant and his application. The investigation shall include an inquiry into uniforms, vehicles, state licenses and other areas as are reasonably necessary for the proper issuance of a permit under this chapter. (Ord. 183 § 1; Ord. 674 § 1. Code 1997 § 21B-5)
4.140.060 Style of uniforms.
Uniforms, if any, to be worn by any patrol service, guards or watchman shall be of such style as, in the opinion of the chief of police, will be clearly distinguishable from the uniforms of the city police department, the El Dorado County sheriff’s office, the State Highway Patrol, the Douglas County sheriff’s office, Nevada sheriff’s office and the Nevada Highway Patrol.
A. The uniform shoulder patches may be unique with the company logo and may say security patrol but will not say police or officer. The badge will be different from the local police department; a star is permissible.
B. Vehicles. The vehicle code will be strictly enforced and private patrol vehicles will comply. Private patrol or private security will be visible and clearly marked on each patrol vehicle. The lettering will be at least four inches high and in at least two areas.
C. Uniforms, equipment and vehicles are subject to inspection and approved by the chief of police. (Ord. 183 § 1; Ord. 674 § 1. Code 1997 § 21B-6)
4.140.070 Activities.
Private uniformed patrols are not to make routine vehicle traffic stops and are not to perform police functions except in direct connection with their accounts or in emergency conditions. (Ord. 183 § 1; Ord. 674 § 1. Code 1997 § 21B-7)
4.140.080 Private patrol officer permits.
A. No person, including any owner, partner, officer or manager of a private patrol operator business, shall be permitted to act as a private patrol officer by any private patrol operator unless he holds a permit from the chief of police, and a driver’s license from the state or the state of Nevada, whichever shall be the state of the driver’s residence.
B. Private patrol officer permits shall be issued as of the first of January and shall be valid for two years. The chief of police may cause the renewal of the permit from year to year by appropriate endorsement after application for such renewal.
C. The private patrol officer, in applying for the renewal of his permit, shall make such application upon a form to be furnished by the chief of police which shall be filled out with the full name and address of the applicant, together with a statement of the date upon which his original state license was granted, and the number thereon. An application for renewal may be made at any time within 30 days prior to the expiration of a license. (Ord. 183 § 1; Ord. 262 § 1; Ord. 674 § 1. Code 1997 § 21B-8)
4.140.090 Appeals from decisions of chief of police.
Any person aggrieved by the decision of the chief of police with respect to the issuance of a private patrol permit may appeal pursuant to Chapter 2.35 SLTCC. (Ord. 262 § 2; Ord. 1105 § 1 (Exh. B). Code 1997 § 21B-8.1)
4.140.100 Permit fee.
The fee for a permit issued to a private patrol operator pursuant to the provisions of this chapter shall be $25.00, which fee is separate and apart from the business license fees required elsewhere in this code. (Ord. 183 § 1. Code 1997 § 21B-10)
4.140.110 Suspension or revocation of permit – Criteria.
The city council may suspend or revoke a permit issued to a private patrol operator under this chapter if it determines that the permittee or his manager, if an individual, or if one other than an individual, any of its officers, directors, members, partners or manager or any private patrol officer employed by permittee has violated any of the provisions of this chapter, or has failed to comply with any ordinance or state law applicable to his or its business. (Ord. 183 § 1. Code 1997 § 21B-11)
4.140.120 Suspension of permit – Notice.
No permit issued to a private patrol operator under this chapter shall be suspended until 24 hours after written notice to the holder thereof, which notice may be left at his place of business or at his place of residence. Such notice shall state the grounds of suspension. (Ord. 183 § 1. Code 1997 § 21B-12)
4.140.130 Revocation of permit – Notice and hearing.
No permit issued to a private patrol operator shall be revoked until a hearing thereon shall have been had by the city council, notice of which hearing shall be given in writing and served at least five days prior to the date of such hearing upon the holder of such permit, his manager or agent, which notice shall state the grounds of the complaint against the holder of such permit and the time and place where such hearing will be had. Such notice shall be served on the holder of such permit, or agent, by delivering the same to such holder, or to his manager or agent, or by leaving such notice at the place of business or residence of such holder with some adult person. If the holder of such permit cannot be found and service of such notice cannot be made upon him in the manner herein provided, then a copy of such notice shall be addressed to the holder of such permit at such place of business and deposited in the United States mail in the city, with the postage thereon fully prepaid, at least five days prior to the date of such hearing. The time of such notice may be shortened by the city council with the written consent of the holder of the permit. (Ord. 183 § 1. Code 1997 § 21B-13)