6-4.01 Purpose and Findings.

The City Council of the City of Walnut Creek hereby finds as follows:

a. The State of California currently regulates the testing and licensing of patrol services pursuant to Business & Professions Code Section 7544 et seq; and

b. The City of Walnut Creek wishes to ensure that patrol services engaged in business within the City will not utilize vehicle insignias and uniforms which may be easily mistaken for those utilized by the Walnut Creek Police Department.

Accordingly, it has been determined that the City will not require patrol service businesses to provide information which is already compiled by the Department of Consumer Affairs but that the City will continue to regulate the uniforms and insignias used by the various patrol services within the City limits. (§1, Ord. 1492, eff. 12/12/80; and by §1, Ord. 1771, eff. 6/13/91)

6-4.02 Definitions.

a. Patrol Services. Any service or system which purports to furnish, or does furnish, to members or subscribers, for a consideration or otherwise, any watchman or guard, either uniformed or otherwise, to patrol any district in the City, or to guard or watch any property, or to perform any service usually and customarily performed by the regular patrolmen of the Police Department of the City. The term "patrol service" shall also include the performance by any person of guard duty at a public function while wearing a type of uniform which would indicate that such person is a peace officer.

b. Register and Registration. The submission, in writing, of all information required by Section 6-4.05.

c. Registrant. The person required to register under Section 6-4.04. (§1, Ord. 1492, eff. December 12, 1980; and by §1, Ord. 1771, eff. 6/13/91))

6-4.03 Registration Required.

a. No person shall conduct, maintain or furnish, or solicit business for, any patrol service without first registering with the Chief of Police.

b. No person shall, in the course of registering or supplying any other information required under this chapter, supply false, misleading or inaccurate information. (§1 (part), Ord. 1492, eff. December 12, 1980; and by §1, Ord. 1771, eff. 6/13/91)

6-4.04 Who Must Register.

Registration shall be the responsibility of the owner of the patrol service. If the patrol service is a partnership, the registration form shall be signed by each general partner. If the patrol service is a corporation, the registration form shall be signed by any officer with the authority to sign documents of that type. (§1 (part), Ord. 1492, eff. December 12, 1980; and by §1, Ord. 1771, eff. 6/13/91)

6-4.05 Information Required Upon Registration.

a. Registration shall be in writing and upon such forms as the Chief of Police may require. The registrant shall be required to provide the following information.

1. The color, type and marking of vehicles, the type of equipment, style of uniform and type of insignia which the patrol service intends to use.

2. A statement to the effect that if any of the information stated on the registration form should change, the registrant shall file an amended registration form with the Chief of Police, setting forth the correct information, within ten (10) days of the occurrence of the change;

3. Any other information which the Chief of Police deems necessary to provide law enforcement services and preserve and protect the public safety. (§1 (part), Ord. 1492, eff. December 12, 1980; and by §1, Ord. 1771, eff. 6/13/91)

6-4.06 Regulations.

a. The following regulations shall apply to all persons registered under the provisions of this chapter, and to all persons employed by such persons:

1. The markings on patrol service vehicles, and the uniforms of those persons performing patrol service activities, shall be clearly distinguishable from vehicles used by, and uniforms worn by, police officers of the City, sheriff’s deputies of the County of Contra Costa, and officers of the California Highway Patrol. The Chief of Police shall review the proposed vehicle markings and uniforms as stated in the registration form, and shall have the sole authority to decide whether such vehicle markings and uniforms are clearly distinguishable from the vehicle markings and uniforms of such public agencies. The decision of the Chief of Police shall be final.

2. Persons who perform patrol service activities shall wear their uniforms at all times while performing such activities.

3. Those vehicles which are owned and operated by patrol services and which are utilized on privately owned and maintained roads within the City may display flashing amber warning lights to the front, sides, or rear, while the vehicle is being operated in response to emergency calls for the immediate preservation of life.

4. No person shall engage in any type of police activity except as may be permitted under Chapter 11 of Division 3 of the Business and Professions Code of this state, nor shall any person interfere with or regulate traffic, or attempt to do so.

5. All persons shall comply promptly with all lawful requests or orders of any officer of the City Police Department. (§1, Ord. 1771, eff. 6/13/91)

6-4.07 Business License Requirement.

Every patrol service owner shall obtain a business license to operate his or her patrol service within the City of Walnut Creek. (§1, Ord. 1771, eff. 6/13/91)


Prior ordinance history: §1, Ord. 804, eff. October 15, 1965, as amended by §3, Ord. 1085, eff. October 7, 1971, and by §1, Ord. 1143, eff. August 30, 1972.