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HomeMy WebLinkAbout1968ORDINANCE NO. /961 AN ORDINANCE of the City Council of the City of Port Angeles establishing rules and regulations for the governing of private security firms within-the City. BE-IT ORDAINED BY THE CITY. COUNCIL OF PORT ANGELES as follows: Sections: 1 Definitions 2 License required 3 Exemptions 4 License - Application 5 Procedures Required of Licensees 6 Background Check 7 License - Scope and Classification 8 License - Fees 9 License -- Denial 10 License - Revocation or suspension 11 License - Transferability 12 New Officers 13 Licensee Responsible for Conduct of Employee 14 Emergency Equipment 15 Certain Practices Prohibited 16 Uniforms - Approval Required 17 Divulgence of Information 18 Advertisements - Solicitation of Business 19 Surety Bond Required 20 Insurance Coverage Required 21 Bond and Insurance - License Suspension or Denial for Failure to File 22 Branch Offices 23 Registration of Employees 24 Licensees and Registrants - Knowledge and Ability to Use Firearms 25 Registration - Exempt Employees 26 Registration - Denial, Suspension or Revocation 27 Registration'- Insurance 28 Termination of Registrant with Licensee 29 Registration - Fee 30 Renewal of License, Registration or Permit - Late Penalty 31 Appeals 32 Violation - Penalty 33 Additional Enforcement Section 1. Definitions. For the purpose of this ordinance the words and phrases used herein, unless the context otherwise indicates, shall have the following meanings: (a) "Contract guard or patrol agencies" includes partnerships, corporations, joint ventures, as well as individuals who are self- employed which provide privately employed guards or patrolmen for a fee. (b) "Contract investigative agency" includes partner- ships, corporations, joint ventures, as well as individuals who are self - employed which provide private investigative services for a fee, except individuals investigating bodily injury or property damage actions under the supervision of a licensed attorney. (c) "Credit investigation agencies and credit investi- gators" are businesses and persons who conduct investigations primarily to furnish information as to the business and financial standing and credit responsibility of persons, firms or corporations. (d) "In -house guard forces" provide private guard services exclusively in connection with the affairs of the one business that employs them. (e) "In -house investigative forces" provide private investigative services exclusively in connection with the affairs of the one business that employs them. (f) "Private guards" are persons who by any means, in- cluding the monitoring of intrusion alarms, protect or attempt to protect persons or property from damage, injury, loss, or any crim- inal act and includes "guard dogs," "watchmen," "security officer," "protective agent," "merchant guard," and "special officer." (g) "Private /merchant patrolmen" perform the same functions as guards, but do so at a number of different locations, access to which is accomplished by means of travel on public property. (h) "Private investigators /detectives" are personnel who conduct investigations for a contract investigative agency, including undercover agents employed by contract agencies, but excluding in- house investigative force employees, credit investi- gators, insurance investigators and adjusters. (i) "Private investigation" includes investigations by a privately employed person(s) for the purpose of obtaining information concerning: (1) Crimes or wrongs, done or threatened; (2) The identity, habits, conduct, movements, whereabouts, associations, transaction, credibility, reputation, employ- ment history, criminal record, or character of any person(s), group, or business, for any purpose; (3) The location of lost or stolen property; -2- • (4) The causes and responsibility for fires, libel, slander, losses, accidents or injuries; (5) The whereabouts of missing persons. (j) "Private security" includes all privately employed guards, investigators, detectives, patrolmen, and any other personnell performing similar security functions or services, including the monitoring of systems for the detection of unauthor- ized entry - so called "burglar alarms." Section 2. License Required. No contract investigative agency or contract guard or patrol agency shall furnish private security services, nor shall they advertise, solicit,- nor in any way promise to nor inform anyone that they will perform such services in Port Angeles without first receiving from the City Clerk a license as provided in this chapter; Provided, however, that any such agency in business in the City of Port Angeles on January 1, 1978 and in continuous operation from that day to the present shall be permitted to continue to provide such services for a period of 3 months from the effective date of this ord- inance without a license. Thereafter all such services operating within the City of Port Angeles must be licensed. Section 3. Exemptions. The provisions of this chapter shall not apply to: (a) A person employed as an in -house guard and /or investigator by only one employer in connection with the affairs of such employer and where there exists an employer - employee relationship; (b) An officer or employee of the United States of America, or of this state or a political subdivision thereof, while the employee or officer is engaged in the performance of official duties; (c) A person engaged exclusively in the business of obtaining and furnishing information in relation to the financial rating of persons; -3- (d) An attorney -at -law in performing his duties; (e) Admitted insurers, agents, and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them. Section 4. License - Application. (a) An application for a license under the provisions of this chapter shall be in the form prescribed by the City Clerk and shall include the following: (1) Full name and business address of the applicant; (2) Name under which the applicant intends to do business; (3) A statement as to the general nature of the business in which the applicant intends to engage; (4) Whether or not a firearm or other weapon is to be used in connection with the applicant's duties as a licensee; (5) A statement as to the classification under which the applicant desires to be qualified; (6) The full name and residence address of each of its officers, partners, and directors, if the applicant is an entity other than an individual; (7) Three recent photographs of the applicant, of a type to be prescribed by the City Clerk; (8) A classifiable set of fingerprints; (9) A statement of experience qualifications; - (10) Employment history for five years preceding the date of the application; (11) A list of arrests, convictions or confinements; and, (12) Any other information, evidence, statements, or docu- ments as may be required by the Chief of Police. (b) The applicant for a license, under the provisions of this chapter, shall be eighteen years of age or older, fluent in the English language, and have two years experience in security work determined to be adequate by the Chief of Police. In the case of a corporate applicant, application shall be made jointly in the name of the corporation and the individual responsible for activities regulated by this ordinance and the license shall be personal to such individual, and such individual shall meet all requirements of any other applicant. Security work determined to be adequate shall include, but is not limited to, the following: (1) Two years active experience in security work while in the military service; (2) Two years active experience in public law enforcement; (3) Successful completion of two years of college level study in law enforecement, police science, criminology, or areas of like nature; -4- (4) Successful completion of a course of study which provides sufficient material to enable students thereof to operate competently as a licensee under this chapter; (5) Two years active experience as a registrant under the provisions of this chapter; and (6) Any combination of the above acceptable to the Chief of Police. (c) The applicant for registration under the provisions of this ordinance shall be eighteen years of age or older and be fluent in the English language. Section 5. Procedures Required of Licensees. Licensees shall perform private security services in such fashion that no interference with the Port Angeles Police Department will result. Regarding this end, licensees shall: (a) Recommend to their customers that, in the event of a police problem, the customer should first call their respective police department; (b) If a customer calls about a law enforcement problem within the City, instruct the customer to call the department of police; (c) Instruct its employees that, if a situation invol- ving possible department of police interest is observed, the employee will immediately notify the department of police; (d) If any sign of entry within the City is noticed by an employee on -duty, instruct employees to immediately notify the Department of Police; (e) Immediately inform the department of police upon receipt of any alarm signal from premises located within the city; (f) Use all reasonable efforts to inform and advise their present and prospective officers, directors, partners, agents, representatives, employees, and all other persons acting under, for, or on behalf of the licensee, of the provisions of this ordinance, and direct them to comply therewith. Section 6. Background Check. Each person, as defined -5- in this ordinance will be subject to a background check, as determined by the Chief of Police through the department of police. The department of police shall send a letter to the City Clerk concerning the background of the applicant, which may contain any objection or recommendation as to the application. The Chief of Police may require fingerprinting or photographs of all applicants for any licensee described in this ordinance. Section 7. License - Scope and Classification. (a) No person may engage in any private security operation outside the scope of his license. (b) For the purpose of defining the scope of licenses, the following license classifications are established: (1) Class A: Contract investigative agency, covering operations as defined in Definitions (b), (h) and (i) or any of them. (2) Class B: Contract guard or patrol agency, covering operations as defined in Definitions (a) and (g) or either of them. (3) Class C: Covering the operations included within Class A and Class B. Section 8. License - Fees. Fees for licenses under the provisions of this ordinance are fixed as follows: (a) Class A license - $200. per year; (b) Class B license - 5 or more registrants - $150 per year; - 4 or less registrants - $ 75 per year; (c) Class C license - $300. per year. There shall be no lower fee, based on number of registrants, for Class C license. Section 9. License - Denial. The Chief of Police may deny a license of the applicant, if an individual, has, or if the applicant is a person other than an individual, if any of its officers, directors, or partners have: (a) Committed any act constituting fraud; -6- (b) Committed any act, which, if committed by a licensee, would be a ground for the suspension or revocation of a license under the provisions of this ordinance; (c) Committed any act resulting in conviction of a felony or any crime involving moral turpitude; (d) A record, based upon reliable evidence, which leads to the reasonable conclusion that the applicant is not competent to perform the duties and fulfill the responsibilities of a licensee under the provisions of this ordinance; (e) Been refused a license under the provisions of this ordinance or had a license revoked; provided, however, that any applicant denied a license under the provisions of this ordinance may reapply after six months if the basis for such denial no longer exists; (f) Been an officer, director, or partner who knowingly participated or acquiesced in the acts or conduct of any person, as defined by this chapter, for which that person was refused a license, or whose license was revoked under the provisions of this ordinance; (g) While unlicensed, committed or aided and abetted the commission of any act for which a license is required under the provisions of this ordinance; (h) Failed to successfully complete the firearms test required in this ordinance; (i) Made any false statements in his application; or (j) Failed to comply with the requirements of section dealing with procedures. Section 10. License - Revocation or Suspension. (a) The Chief of Police may suspend or revoke a license issued under the provisions of this ordinance if he determines that the licensee, if an individual, has, or if the licensee is a person other than an individual, that any of its officers, direc -. tors, or partners have: -7- (1) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license; (2) Violated any of the provisions of this ordinance; (3) Been convicted of a felony or any crime involving moral turpitude; (4) Illegally used, carried or possessed a dangerous weapon; (5) Violated any rule of the Chief of Police adopted pur- suant to his authority contained in this ordinance; (6) Committed or permitted any employee to commit any act, while the license was expired, which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license; (7) Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injuction in the course of business as a licensee; (8) Acted as a runner or capper for any attorney; or (9) Committed any act which is a ground for denial of an application for license under the provisions of this ordin- ance. (b) The Chief of Police may suspend or revoke a license issued under the provisions of this ordinance if he determines that the licensee, if an individual, has, or if the licensee is a person other than an individual, that any of its officers, directors, or partners have knowingly employed, or knowingly has in his employment any person who (1) Has committed any act, which, if committed by a licensee would be grounds for suspension or revocation of a license under the provisions of this ordinance; (2) Has been convicted of a felony or any crime involving moral turpitude; (3) Has a record, based upon reliable evidence, which leads to the reasonable conclusion that the applicant is not competent to perform the duties and fulfill the responsibil- -8- ities of a registrant under the provisions of this ordinance; or (4) Does not possess a valid registration card issued under the provisions of this ordinance. (c) The Chief of Police may suspend or revoke a license issued under the provisions of this ordinance if he determines that the licensee, if an individual, has, or any of the officers, directors, partners, or employees if the licensee is a person other than an individual, have committed or used any unfair or deceptive acts or practices in the course of the licensee's business. Examples of such acts and practices are: (1) Engaging in retail installment transactions with members of the public in the State of Washington without complying with all applicable laws; (2) Using a name different from that under which he is currently licensed on any advertisement, solicitation, or contract for business; (3) Knowingly making a false report to his employer or client for whom the information was being obtained; (4) Wilfully failing or refusing to render a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties, if required by law; (5) Making any false, deceptive or misleading representa- tions to members of the public concerning the qualifications of employees and agents of the licensee, the nature or extent of the services provided by the licensee, or the cost to members of the public of services by the licensee; (6) Manufacturing evidence; (7) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or libel in the course of business; or, -9- (8) Accepting employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of his employment by such client or former client. (d) Suspension or revocation of a license issued under the provisions of this ordinance shall take effect only after the expiration of the period in which an appeal thereof may be filed. (e) In cases of suspension, the license or registration shall be reinstated upon compliance with the violated provision(s) of this ordinance or upon passage of the period of suspension fixed by the Chief of Police. In cases of revocation, the license or registration shall be cancelled; provided, however, such revocation for violation of any of the provisions of this ordinance shall not relieve the licensee or registrant of the penalties otherwise provided for in this ordinance. Section 11. License - Transferability. A license issued under the provisions of this ordinance shall apply to a single location only and shall not be transferable to other locations or to any other person other than that designated on the license; provided, however, that, in the event of death of the individual, partner(s) or officer(s), the surviving spouse, partner(s) or officer(s) may operate under the existing license for a period not to exceed ninety days; further provided, however, that, at the end of this ninety day period, the surviving spouse, partner(s) or officer(s) shall satisfy the requirements of obtaining a license. Section 12. New Officers. Applications, on forms prescribed by the City Clerk shall be submitted by all new officer or partners. The City Clerk may suspend or revoke a license issued under the provisions of this ordinance if he determines tha at the time the person becomes an officer or partner of a licensee, any of the facts in sections dealing with the denial of license or revocation and suspension of license exists as to such person. Section 13. Licensee Responsible for Conduct of Employee. A licensee shall at all times be legally responsible for the good conduct of each employee while on duty. Section 14. Emergency Equipment. It is unlawful for any licensee, or his agents, to use emergency equipment, such as sirens and flashing red or blue lights, on vehicles owned or operated by the licensee, except as specifically authorized or licensed by the State of Washington or any of its political subdivisions. Section 15. Certain Practices Prohibited. (a) It is unlawful for a licensee to represent to members of the public in any way, either directly or indirectly or by implication, that the licensee is an official or semi- official law enforcement organization or that employees, agents or solicitors of the licensee are authorized by the State of Washington or any of its political subdivisions to act as law enforcement officers, including, by way of example but not limita- tion, the following conduct: (1) Use of any name of initials in the course of business which has the capacity or tendency to convey said representa- tion to members of the consuming public, including but not limited to any name using the words "police," "department," "Port Angeles Police," or "Clallam County Deputy "; (2) Use of any uniform, badge, insignia, business card, stationery or any other device, object, or type of apparel, which is not readily distinguishable to average members of the consuming public from such devices, objects or types of apparel which are used by authorized law enforcement officers; (3) Use any uniform, badge, insignia, title, or identi- fication card, or make any statement with the intent to give an impression that the licensee is connected in any way with the federal government, a state government, or any political subdivision of either; or (4) Use any letterhead, advertisement, or other printed matter, or in any manner illegally represents that the licensee is an instrumentality of the federal government, state government, or any political subdivision of either. (b) It is unlawful for any licensee to engage in any acts, practices, or conduct which hampers the operations and activities of authorized law enforcement and public safety officials. (c) It is unlawful for any licensee or any agent there_; of to broadcast upon any radio frequency of which the City of Port Angeles is the sole licensee. Section 16. Uniforms - Approval Required. No license shall be issued under the provisions of this ordinance until approval is given by the Chief of Police of the uniforms and accouterments to be worn by registrants of the licensee. The Chief of Police shall not approve any uniform which bears a significant resemblance to that of a public law enforcement agency of the State of Washington. Section 17. Divulgence of Information. Any licensee or officer, director or partner of a licensee shall divulge to any law enforcement officer or prosecuting attorney, or his representative, any information he may acquire as to any criminal offense, as he may be required by law so to do; provided, however, that he shall not be required to divulge to any person other than the above any information acquired by him except at the direction of the employer or client for whom the information was obtained. Failure to comply with the disclosure requirement of this section or subsection (e) of Section 5 shall constitute a gross -12- misdemeanor and be punishable as such. Section 18. Advertisements - Solicitation of Business. (a) Every advertisement by a licensee advertising or soliciting business shall contain his company name and address as they appear in the records of the City Clerk. (b) Licensees, in their promotional literature and oral sales presentations to members of the public, shall not claim any relationship or affiliation with any official or semiofficial law enforcement organization. Such literature or sales presenta- tion shall be accompanied by an accurate and clear description of the services which the licensee does in fact offer or provide. (c) Solicitors performing oral sales presentations to members of the public shall not carry weapons. Section 19. Surety Bond Required. (a) No license shall be issued under the provisions of this ordinance unless the applicant files with the City Clerk a surety bond executed by a surety company authorized to do business in this state in the sum of ten thousand dollars ($10,000) condi- tioned to recover against the principal, its servants, officers, agents, and employees by reason of the applicant's wrongful or illegal acts in conducting such business licensed under the provisions of the Ordinance; provided, however, that applicants requesting a Class B license, who employ four or less registrants, shall be permitted to file a five thousand dollar ($5,000) surety bond. The City Clerk shall require a certified copy of said bond to be filed in his office. (b) The bond required by this ordinance shall be made payable to City of Port Angeles, and anyone so injured by the principal, its servants, officers, agents, and employees, shall have the right and shall be permitted to sue directly upon the obligation in their own names, and the obligation shall be subject to successive suits for recovery until complete exhaustion of the face amount thereof. Section 20. Insurance Coverage Required. (a) No license shall be issued under the provisions of this ordinance unless the applicant files with the City Clerk a certificate of insurance naming City of Port Angeles as an addi- tional insured. (b) Minimum coverage is fixed as follows: Bodily injury - one hundred thousand ($100,000) to three hundred thousand ($300,000) dollars; Property damage - one hundred thousand ($100,000) dollars. Section 21. Bond and Insurance - License Suspension Or Denial For Failure To File. (a) Every licensee shall at all times maintain on file with the City Clerk the surety bond and insurance required by this chapter in full force and effect and upon failure to do so, the license of such licensee shall be suspended and shall not be reinstated until this requirement is met. (b) The City Clerk shall deny the application for a license if the applicant fails to satisfy the surety bond or insurance requirements. (c) The City Clerk may refuse to reinstate a license notwithstanding the licensee's compliance with this section, if, during the suspension, the City Clerk: (1) Find any reason which would justify refusal to issue or justifies a suspension or revocation of a license; or (2) Finds performance by an applicant of any practice, while under suspension for failure to keep his surety bond or insurance in force, for which a license under the provi- sions of this ordinance is required. Section 22. Branch Offices. Each licensee shall file in writing with the City Clerk the address of each branch office, and within fourteen (14) days after the establishment or closing of such office, or change of location of a branch office, shall notify the City Clerk in writing of such fact. -14- t Section 23. Registration of Employees. (a) Except as otherwise provided in this ordinance, every employee of a licensee, including dispatchers, and solici- tors, shall be registered with the City Clerk in the manner prescribed by the provisions of this ordinance. (b) The application for registration under the provi- sions of this ordinance shall be on a form prescribed by the City Clerk and shall include: (1) Full address, telephone number, date of birth, and place of birth; (2) A listing of any and all aliases used by the applicant; (3) The name and address of the licensee and the date of the employment commenced; (4) A letter from the licensee requesting that the employee be registered under his license; (5) The title of the position occupied by the employee and a description of his duties; (6) Whether or not a firearm or other weapon is to be used by the employee in connection with his duties as a registrant; (7) Two recent photographs of the employee, of a type described by the City Clerk, and a classifiable set of fingerprints; (8) Employment history for five years preceding the date of the application; and (9) Such other information, evidence, statements, or documents as may be required by the City Clerk. Section 24. Licensees and Registrants - Knowledge And Ability To Use Firearms. (a) An applicant for a license or registration who uses a firearm in connection with employment regulated under the provisions of this ordinance shall be tested by the Chief of Police or his designee in order to determine that such applicant has sufficient knowledge and ability to use such firearm in a competent and safe manner. -15- (b) The content of such test shall be determined by the Chief of Police. Section 25. Registration - Exempt Employees. Not- withstanding any other provision of this ordinance, employees of a licensee who are employed exclusively in stenographic, typing, filing, clerical or other activities which do not constitute the work of providing private security as described in this ordinance shall not be required to register under the provisions of this ordiance. Section 26. Registration - Denial, Suspension or Revocation. The City Clerk may refuse to register any employee, or may suspend, or revoke a previous registration, if the individ- ual has committed any act which, if committed by a licensee, would be a ground for refusing to issue a license, or for the suspension or revocation of a license under the provisions of this ordinance. Section 27. Registration - Issuance. Upon completion of registration the City Clerk shall issue to the registered employee a registration card, which shall be carried on his person at all times. The exhibition of this card to the licensee shall be considered prima facie evidence that the person is registered by the City of Port Angeles under the licensee's license number. Section 28. Termination of Registrant With Licensee. Each person registered under the provisions of this ordinance whose employment has been terminated with the licensee shall immediately surrender his registration card to the licensee, and the licensee shall surrender same within seven days thereafter to the City Clerk for cancellation. A notation stating that the registered employee was terminated and for what cause may be enclosed with the registration card. The licensee shall notify the City Clerk in writing within a reasonable time of any change in the resident address of a registered employee. -16- Section 29. Registration - Fee. The registration fee for employees of a licensee is fixed as follows: Twenty -Five (25) dollars Per year; Fifteen dollars (15) for renewal thereof. Section 30. Renewal of License, Registration or Permit - Late Penalty. A late penalty shall be charged on all applications for renewal of a license, registration or permit received later than ten (10) working days after the expiration date of such license, registration or permit as set forth in the respective resolution or ordinance establishing the expiration date of such license, registration or permit. The amount of such penalty is fixed as follows: For a license, registration or permit requiring a fee of fifty cents or more, but less than fifty dollars - twenty percent of the required fee. For a license, registration or permit requiring a fee of fifty dollars or more, but less than one thousand dollars - ten percent of the required fee. For a license, registration or permit requiring a fee of one thousand dollars or more - five percent of the required fee. Section 31. Appeals. Any person feeling aggrieved by the actions of the Chief of Police or City Clerk pursuant to the provisions of this ordinance may appeal to the City Council by filing with the City Clerk a notice of appeal in duplicate within ten (10) days after the action complained of, which notice shall specify the action complained of, and the City Clerk shall forthwith transmit one of said notices to the City Manager who shall insure that the matter is placed upon the agenda of the city council meeting not less than seven nor more than twenty -one days after the filing of said notice with the City Clerk. Section 32. Violation - Penalty. Any person violating or failing to comply with any of the provisions of this ordinance is guilty of a misdemeanor except as otherwise provided and upon conviction thereof shall be punished by a fine in any sum not to exceed two hundred fifty dollars ($250). -17- Section 33. Additional Enforcement. Notwithstanding the existence or use of any other remedy, the Chief of Police may seek legal or equitable relief to enjoin any acts or practices which consititute or will constitute a violation of any business license ordinance or other regulations herein adopted. PASSED by the City Council of the City of Port Angeles at a regular meeting of the Council held on the /y day of , 1978. ATTEST: / dill�ee4e) Marian C. Parrish, City Clerk C. T. Walrath, City Attorney PUBLISHED: •