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HomeMy WebLinkAboutORD 749 (1977)_= ORDINANCE NO. 749 ~ AN ORDINANCE OF THE CITY COUNCIL, CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN ~ CITY CODE RELATIVE TO THE PERMIT PROCEDURES F0R PRIVATE PATROL OPERATORS 4 5 The City Council of the City of Tustin, California, does 6 ordain that Part 2 be added to Chapter 5 of the Tustin City Vi Code to read as follows: "Part 2. Private Patrol Operators. 8 9 3520. It shall be unlawful .for any person or entity to operate a private patrol business within the City of Tustin 10 without first obtaining a permit from the City of Tustin. 11 Private Patrol Operators as used in this chapter 1~ pertain to: 13 (a) any person~ association or corporation who furnishes a watchman, guard, patrolman, or other 14 person to protect persons or property or to prevent 15 the 'theft, unlawful taking, loss, embezzlement, 1~ misappropriation, or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, lV papers, or property of any kind. (b) A person engaged in the private patrol 19 business by providing either himself, or through 20 others, the services in Section l(a) above. 3521. The Private Patrol Operator permit required by 22 this chapter shall be in additio~ to any other business license 23 or fee required by the City of Tustin. 24 3522. Application Procedure. An applicant for a Private 25 Patrol Operator permit shall make an application to ~he Chief of 26 Police on forms provided by the Tustin Police Department. Each application shall contain the following information: (a) The name, address and telephone number of the applicant; ... 29 (b) The California state driver's licenEe number of ~0 the applicant; ~1 (c) The address and telephone number of the place where the business is to be located; 395 ~ (d) A copy of the applicant's Private Patrol Operator 2 license issued by the State pursuant to Business and Professions Code, Section 7520; (e) The name under which the applicant intends to do 4 business; ~ 5 (f) A statement as to the general nature of the business in which the applicant intends to engage; (g) If the applicant is a person other than an V individual, the full name and residence address of each of 8 its partners, officers, and directors, and its manager; (h) Pay an application fee as prescribed by 9 resolutions adopted by the City Council from time to time. 10 11 3523. Permit Procedure. 1~ (a) The applicant shall appear at the Tustin Police Department and present an application containing the information required in Section 3703 above, and proof that 14 the applicant has paid the prescribed permit fee. The 15 Chief of Police shall have' 30 days to investigate 16 the contents of the application, and upon completion of the investigation he shall convey the application to the ~ lV License and Permit Board and report whether the contents 18 of the application are true and correct. (b) Upon receipt of any application for a Private 19 Patrol Operator permit, the License and Permit Board shall 20 make an investigation to determine whether the contents of ~1 the application are true and correct, whether the applicant has complied with the requirements of State Law contained in Business and Professions Code, Section 7500, et seq., ~ and whether the applicant has complied with all other 24 requirements of this Ordinance in regard to street patrols. The License and Permit Board shall set the matter for hear- ing within 30 days from obtaining the application 26 and give the applicant five (5) days written notice 27 prior to the date of hearing. At the hearing the License and Permit Board shall make a determination to issue or Z8 deny the permit, and shall send notice to the applicant ~- ~9 in writing of its decision within ten (10) days of the 90 date of the hearing. 3524. Operating Requirements. Any person or entity who -2- 396 holds a license pursuant to .these provisions shall comPlY~with the following operating conditions: (a) Comply with the applicable provisions of ~ Business and professions Code, Section 7500, et seq.; 4 comply with the applicable provisions of the Vehicle 5 Code regarding lights on vehicles; comply with the applicable provisions of the Penal Code regarding the use and carrying of weapons. ~ (b) Provide a complete description of uniforms 8 and vehicles to be used within the City and promptly 9 provide any information regarding contemplated changes in uniforms or vehicles to the Police Department; 10 (c) Assure that all registered guards and patrol- 11 men carry their registration card on his person so 1Z as to facilitate identification by any peace officer; (d) Assure that any personnel required to ~ obtain a firearm or baton qualification registration ~4 card carry such registration card on his person so ~5 as to facilitate identification and authorization upon the request of any peace officer; ~6 (e) Comply with the licensing provisions of 17 Business and professions Code, Section 7520. 18 3525. Street Patrols- For purposes of this chapter, 19 street patrol means any guard or patrolman who performs his 20 duty on public property or property held out openly to public 21 access or which is commonly and readily accessible to the general public. Street patrols. shall be subject to the following additional requirements: 2~ (a) A street patrolman or guard shall not identify 24 or represent himself to be a peace officer or other Z5 public officer. Upon confrontation with any unknown individual during a patrolman or guard's time of duty ~6 he shall immediately identify himself as a private ~7 guard or patrolman; 28 (b) The permittee shall cooperate fully with the Police Department to provide, as far as reasonably ~9 possible, information regarding the time and location 30 of street patrols within the City of Tustin. 31 / -3- 397 ~ 3526. Revocation or Suspension of Permit. ~ (a) Revocation - any permit granted pursuant to ~ the provisions of this chapter may be revoked by the License and Permit Board for violation of the provisions 4 of Sections 3524(b) through 3524(e) and Section 3525 5 of the Tustin City Code. 6 (b) Revocation Procedure. 7 (1) The License and Permit Board shall fix a time and place for the hearing' of the issue of the 8 revocation of any permit and shall cause to be 9 Served upon the permittee written notice of such time and place of hearing, together with a statement 10 of the charges which are the basis for such hearing, ~1 at least five (5) days before the time fixed for ~ such hearing. Service of such notice and statement ~ may be made upon the permittee personally or by delivering the same by registered United States 14 mail, postage prepaid, to permittee, at the address 15 given in his application for permit. 16 (C) Suspension Procedure. ~7 (1) The Chief of Police may summarily suspend any permit issued pursuant to the provisions of this 18 Chapter if he determines in his sound discretion ~9 that a violation of this part by the permittee poses ~0 an immediate hazard to the health, safety and general welfare of the community. Suck suspension will. be ~1 effective immediately upon oral, telephonic or 2Z written notification to the permittee and continue until fifteen (15) days after the effective date of the suspension or until the License and Permit 24 Board holds a hearing on the matter, whichever is 25 sooner. The Chief of Police shall immediately 26 notify the License and Permit Board of the suspension, and the License and Permit Board shall notify the 27 permittee in writing of the suspension and the 28 facts and reasons therefor, within five (5) days of the effective date of the suspension. Said notice 29 shall also contain a date, time and place for ~0 hearing of the matter before the License and Permit ~1 Board. The License and Permit Board shall determine whether the suspension shall be terminated, whether the suspension'shall be continued, and for what -4- 398 period of time, or whether the permit should be .revoked. (2) The License and Permit Board may suspend a permit upon the determination that the permittee has violated the provisions of this Part. The permittee must be given notice in writing five (5) _ days prior to the effective date of the suspension, stating the facts and reasons for the suspension- The permittee may appeal the decision of the License and Permit Board pursuant to the applicable provisions of this Part. (d) The Chief of Police shall notify the Chief of the Bureau of Collection and Investigative Services of any violations of this Part of any other applicable law, or of any suspension or revocation of a permit, in writing, within ten (10) days of when the matter becomes known to him. 3527. Appeals- An applicant or permittee may .appeal any decision of the License and Permit Board by filing with the City Clerk, within ten (10) days after receipt of notification of the decision of the Board, a written statement signed by the applicant stating that he has elected to appeal to the City Council. The City Clerk shall thereupon set the matter for hearing before the City Council within thirty (30) days of receipt of said notice of appeal. The City Clerk shall mail a notice to the applicant, notifying him of the time and place of said hearing not less than five (5) days prior to said hearing. PASSED AND ADOPTED at a regular meeting of the City Council, City of Tustin, California, held on the 5th day of December, 1977. MAYOR ATTEST: CITY JGR:jtm:10/13/77 -5- 399 STATE ~F CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 749 was duly and regularly introduced and read at a regular meeting of the City Council held on the 21st day of November , 197,7 and was given its second reading and duly passed and adopted at a regular meeting held on the 5th day of December 1977, by the following vote: AYES: COUNCILMEN: SHARP, WELSH, EDGAR, SALTARELLI. SCHUSTER NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE City of Tustin, Cai~fornia Publish Tustin News December 15, 1977