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;
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(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;
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(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;
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(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
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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;
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(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:
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(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-
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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,
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(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
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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.
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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.
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(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.
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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).
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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:
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