HomeMy WebLinkAbout50A - ORD PRIVATE SECURITY SERVICES
CITY COUNCIL MEETING DATE:
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
OCTOBER 2, 2006
TITLE:
ORDINANCE AMENDING CHAPTER 24
OF THE SANTA ANA MUNICIPAL CODE
REGARDING PRIVATE SECURITY
SERVICES~~
CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt an ordinance amending Chapter 24 of the Santa Ana Municipal Code to
comply with changes in State law and regulations regarding private security
service.
DISCUSSION
As the City of Santa Ana is committed to continuous improvement and
compliance with changing state laws, it is appropriate to review and update
the City's regulation of private patrol services. The adoption of this
ordinance will revise the language in Chapter 24 of the municipal code
authorizing the City to impose local regulations upon street patrol service
under Business and Professions (B&P) Code 7582.5. Such regulations include
requiring the street patrol service to register with an agency to be
designated by the City. Additionally, the City may refuse registration to
any person of bad moral character and may impose reasonable additional
requirements as deemed necessary to meet local needs. Under this
amendment, the City may also impose local regulations upon any employee of
a private patrol operator who is unable to furnish evidence of current
registration pursuant to B&P Code 7582.5(f).
FISCAL IMPACT
There is no fiscal impact associated with this action.
~r!Jb
Paul M. Walters
Chief of Police
Police Department
50A-1
(PJC 3/21/06)
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 24 OF
THE SANTA ANA MUNICIPAL CODE RELATING TO
PRIVATE SECURITY SERVICES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
IFOLLOWsl:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Business and Professions Code 9 7582.5 authorizes a city to
impose local regulations upon any street patrol service. Such
regulations include requiring the street patrol service to register
with an agency to be designated by the city. In addition, a city
may refuse registration to any person of bad moral character
and may impose reasonable additional requirements as are
necessary to meet local needs.
B. A city may also impose local regulations upon any employee of
a private patrol operator who is unable to furnish evidence of
current registration pursuant to Business and Professions Code
9 7582.5(f).
C. Due to changes in the law and as part of the City's continuous
improvement process, it is appropriate to review and update the
City's regulation of private patrol services.
Section 2. In accordance with the California Environmental Quality Act
(CEQA), adoption of this ordinance does not meet the definition of a "project" under
CEQA, as such, the proposed project is exempt from further review per Public
Resources Code Section 21065.
Section 3. Chapter 24, Sections 24-1 through 24-4 of the Santa Ana Municipal
Code are hereby amended to -reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
State Law References: Authority to regulate, see 9 7582.5~, Bus. and P. Code.
Sec. 24-1. Definitions.
Ordinance No. NS-XXX
Page 1 of 7
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For the purpose of this chapter certain words and phrases shall be
construed as follows, unless it is apparent from the context that a different
meaning is intended:
Patrol system and patrol service means any private service or private
system which purports to furnish or does furnish to members or
subscribers any watchman or guard, either uniformed or otherwise, to
patrol any part of the territory of the city or to guard or watch any property,
including guarding against theft, fire, or both, or to perform any service
usually and customarily performed by the city police force. include any
service or system which furnishes to members, subscribers or private individuals
or residents for a consider:ltion, :lny patrolman, guard or '.vatchman, either
uniformed or othel\vise, to p:ltrol or guard any district or to act to salvage, guard
or protect any property from theft, damage, fire or other hazard.
Sec. 24-2. Registration Required Permit issuance Prerequisite to doing
business; imposing limitations; compliance by applicant.
All private patrol operators providing patrol andlor standing guard
service shall register their names and file with the Chief of Police a copy of
their current state identification card, evidencing a license pursuant to
Business and Professions Code Sections 7580 et seq. Only a business
license application and fee shall be required for registration. No person,
either :lS princip:ll, O'.\'ner or agent, shall engage in the business of operating any
patrol service or patrol system, or patrol any district in the city without first
obtaining a permit from the city. The chief of polico may issue permits hereunder
and limit the same to guard or watchman service :lS distinguished from roving
patrolmen, may delimit the area in 'Nhich any guard or 'Natchman service or any
patrol service may operate and may prescribe any other limitations, conditions or
regulations which it deems necessary :lnd f<>r the best interests of the city in the
issuance or at the time of reconsideration of any permit granted.
If satisfied that the statements and references contained in the application
are true and th:lt applicant is a fit and proper person to carryon such business,
and if his application has been :lpproved as provided in this ch:lpter, and upon
applic:lnt's compliance with all the requirements of this chapter the chief of police
shall cause a permit to be issued to applicant.
(Code 1952, ~~ 6315, 6319)
Sec. 24-3. Patrol and Standing Guard RegulationsSamo Application.
a. Compliance with State Law
All private patrol operators shall comply with applicable provisions of
Business and Professions Code Section 7500 et seq., applicable provisions
Ordinance No. NS-XXX
Page 2 of 7
50A-3
of the Vehicle Code regarding vehicles used in private patrol operations,
and applicable provisions of the Penal Code regarding the use and carrying
of weapons. Fflfng. Before any person shall engage in the business of operating
any patrol service or patrol system, or patrolling any district in the city, he shall
make an application in writing to the chief of police for permission to engage in
such business, and describe therein the district in which he desires to operate;
provided, an individual watchm:m or c::lretaker, working for a single employer in a
line of business other th::ln th::lt defined in section 21 4, shall not be subject to the
terms of this chapter.
(b) Identification and Qualification Cards.
Each private patrol operator shall carry his/her private patrol
operator ID card issued by the State Department of Consumer Affairs and
any firearm or baton qualification card on their person at all times while on
duty as a private patrol operator. Each operator shall also file copies of
any other pertinent identification cards, licenses, and/or certificates.
Contests. Said applic::ltion sh::lll be signed ::lnd verified by the ::lpplicant, ::lnd shall
specify his name, business address, residence address, the numbers of ::lny
telephones maintained by him, the length of his residence in the city, the loc::ltion
of his last place of business and the name and character of said business, the
length of time he 'Nas engaged therein and the names and addresses of three (3)
persons residing '.vithin the city to be used ::lS references.
(Code 1952, 336312,6312.1)
(c) Verballdentifcation.
Upon confrontation with any unknown individual, a private patrol
operator shall immediately identify himself or herself as a private guard or
patrol operator.
(d) Uniforms.
A patrol officer shall not wear any uniform which is an imitation or
can be mistaken for an official sheriff's uniform or an official police uniform
of the police force of any city within the county or an official uniform of any
state officer.
(e) Cooperation with Law Enforcement.
An operator shall cooperate fully with the Police Department to
provide information regarding the time and location of street patrols and
other pertinent information upon request.
(f) Refusal, revocation or suspension of registration.
When the chief of police finds that any person registering under the
Ordinance No. NS-XXX
Page 3 of 7
50A-4
provisions of this chapter is a person of bad moral character or has
violated any of the provisions of this chapter, he may refuse, revoke or
suspend registration. No such refusal, revocation or suspension shall
become effective until the registrant has been notified in writing by
certified mail of his right to appeal pursuant to the provisions of Chapter 3
of this Code. If a timely appeal is filed, the refusal, revocation or
suspension shall be effective only upon final decision of the city council.
Otherwise, the refusal, revocation or suspension shall become effective
after the timely appeal period has expired.
Sec. 24-4. ViolationSame Investigation.
It shall be unlawful and a misdemeanor for any person to operate as
a private patrol operator providing patrol and/or standing guard service
without Police Chief approval and compliance with this Chapter. Private
patrol operators are regulated pursuant to Business and Professions Code
Section 7580 et seq. To operate, business licenses must be continuously
maintained and updated annually. The chief of police shall make an
investigation concerning applicant and his application. The investigation shall
include an inquiry into the conditions prevailing within the district designated in
any such application and whether such district is already supplied with sufficient
patrol service, patrol system, guards or watchmen.
(Code 1952, ~ 6314)
Section 4. Sections 24-5 through 24-18 of the Santa Ana Municipal Code are
hereby deleted in there entirety (existing language shown in strikeout for tracking purposes
only):
Sec. 24 5. Appro\'al by police or fire chief of permittee and employees.
In the event the applicant desires to maintain a fire patrol, his application
shall not be granted until approved by the chief of the fire department. Each of
said officers shall approve such permit only after he has determined that the
applicant therefor has complied with the city ordinances and state la'A's, subject
to enforcement by each such officer and applicable to the business of applicant.
Any person employed by a permit holder shall be approved by the chief of
police bef-ore being regularly employed, said employee to be removed for any
reasonable cause offered by the chief of police.
(Code 1952, ~~ 6317.1, 6317.3,6317.4)
Sec. 24 6. Same Fee; duration.
Every person conducting or operating any patrol service or patrol system,
or patrolling any district in the city, shall pay a permit fee to the city of twenty
Ordinance No. NS-XXX
Page 4 of 7
50A-5
-
dollars ($.20.00), payable in advance .
t.he permIttee pays his city license fe~;~Ch permIt shall be in effect as long as
~~~ehnso Ioos, or ~ntil revoked by tho GO n t~e amo~nt required by tho schedulo of
~~d:~ ~~~; ~3 ~h~S ~~p~~, ~;~~~;~~~~o~ ~;~~~h~~~,:~~~::iIS to comply
, " 5, ~ 6, 12 9 74) .
Sec. 24 7. Same State r
Icense may ob':iate necessity for' Iicen .
, se required
. No permit shall be construed to e" .
license to conduct such business f ~h ..Ia.te the necessity for obtaining a
~om tho stato diroctor of ProlosSiO~~~ an: ,~'ty, ~ut any person holding a license
uSlness sha~1 not be required to furnish ..OC::1 lonal standards to conduct such
froof to the City attornoy that he is the hO~~Ch ~ond upon furnishing satiefacto~'
(~Ood~~ ~5~e!t:~~er of such license from S:~do d~~:;:'o~ state liconso, during th~
, 6, Ord. No. NS 1235, ~ 7, 12 9 74) .
Sec. 24 8. Bond Required; amount.
. The permit application must be ::1 .
the CIty, th~ form of 'J.'hich shall be appr~~~:;~~n1ed ~y a surety bond in favor of
~~m of which must be not loss than ono ti, y tho City attornoy, and tho ponal
ode 1952, S 6312.2) ousand dollars ($1,000.00).
Sec. 24 9. Same Condition.
. The condition of such bond mu .
:~ore," named will faithfully conform t:~~e S~bstnntlallY such that the principal
th 0 ~tato, whether thon in force or which mO~y '~ancos of tho city and to all laws of
e usrness of applicant. ematter be adopted, relating t
(Codo 1952, !i 6312.3) 0
Sec. 24 10. Same Liability under.
assi The princi~a! and sureties named in said .
~ns, shall be JOIntly and se"erally b d bond, and theIr successors and
~~~~oSvhea~1 ",;~~:~~~d ~:O~~h broach ;~~ c~~t~it~~~Sc~ :;i: ~~~de~~~ pe~.on
fF f e reC9"eA' B\;lt B ,sal-
is o:h:~~dtime, by any person agg;io':"d or~ima~~~~~n~~~::~~red upon,
(Codo 1952, !i 6312.4) .. 0 e penally
Sec. 24 11. Same Additional bond.
\AI In the event that the totalliabilit ' .
belo.. one thousand dollars ($1 000 0 ~ of the. suretIes upon such bond falls
bond to keep the liability at a mi'nim~ O)'fapPhcant shall furnish an additional
m 0 one thousand dollars ($1,000.00).
Ordinance No. NS-XXX
Page 5 of 7
50A-6
(Code 1952, ~ 6312.5)
Sec. 24 12. Vehicle insurance.
If the applicant intends to or does operate ::my motor vehicles in the
conduct of his business, he shall file 'J.'ith the clerk of the council an insurance
policy covering such motor vehicle, whioh insurance shall include public liability
to the extent of ten thousand dollars ($10,000.00) for the death or injury of one
person, twenty thousand dollars ($20,000.00) for the death or injury of two (2) or
more persons and property damage in the sum of two thousand dollars
($2,000.00).
(Code 1 952, ~ 6313)
Sec. 24 13. Record of employee.
The permit holder shall file with the chief of police prior to the employment
of any person, the description, photograph and fingerprints of such proposed
employee accompanied by at least two (2) letters of recommendation.
(Code 1952, ~ 6317)
Sec. 24 14. Style of uniform.
The chief of police shall prescribe the style of uniforms, if any, to be used
by said patrol system, patrol service, guards or watchmen.
(Code 1952, ~ 6317.2)
Sec. 24 15. Re'location or suspension of permit.
'Nhen the chief of police finds that any person holding a permit under the
provisions of Chapter 24 has violated the provisions of this chapter he may
revoke such permit. No such revocation shall become effective until the permit
holder has been notified in 'Nriting by certified mail of his right to appeal the
revocation decision pursuant to the provisions of Chapter 3 of this Code. If a
timely appeal is filed, the revocation shall be effective only upon final decision of
the city council. Otherwiso, the revocation shall become effective after the timely
appeal period has expired.
(Code 1952, ~ 6319.1; Ord. No. NS 1235, ~ 8,12974)
Sees. 24 16,24 17. Resor\'ed.
Editors Note: Ord. No. NS 1235, ~~ 9, 10, adopted Dec. 9, 1974,
repealed ~~ 24 16 and 24 17 pertaining to notice of suspension of a permit
issued under the provisions of Ch. 24 and hearing on revocation of permits. Said
sections '!iere derived from Code 1952, ~~ 6319.2, 6319.3.
Sec. 24 18. Appeal to council.
Ordinance No. NS-XXX
Page 6 of 7
50A-7
Any person objecting to the placing of a condition on or refusal or failure to
issue any permit under the provisions of this chapter may appeal to the city
council pumuant to the provisions of Chapter 3.
(Ord. No. NS 1235, ~ 11, 12 9 74)
Section 5. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana
hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
Ordinance No. NS-XXX
Page 7 of 7
50A-8
ADOPTED this
day of
,2005
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
(name)
City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-XXX to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 8 of 7
50A-9
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