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HomeMy WebLinkAbout1637 OrdinanceORDINANCE NO. 1637 AN ORDINANCE RELATING TO REGULATING AND LICENSING THE BUSINESS OF SECURITY POLICE, MERCHANT PATROL AND PRIVATE DETECTIVE, FIXING LIABILITY FOR THEIR CONDUCT, DEFINING THEIR POWERS AND DUTIES, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND RE- PEALING ORDINANCE NO. 554, PASCO MUNICIPAL CODE 5.4£3 AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. SECURITY POLICE - MERCHANT PATROL - DETECTIVE AGENCIES - LICENSE REQUIRED: It shall be unlawful for any person, firm or corporation to act as Security Officers, Merchant Patrol Officers or Private Detectives or to engage in business as a Merchant Patrol Agency, Security Police Agency or Detective Agency in the City of Pasco without first obtaining a license and permit pursuant to the provisions of this Ordinance. Section 2. DEFINITION: "Security OFFICER", "Merchant Patrol Officer" or "Private Detective" shall mean any person engaged in the Security Police business, Merchant Patrol business or the Detective business, as that term is hereinafter defined, including employees of Security Police, Merchant Patrol or Private Detective Agencies. "Security Police Agency" shall mean the business of, or the representation of, being engaged in the business for hire as stationary Police Security officers in any specific location and for the specific purposes of maintaining the security of the property within such location. This section includes those persons specifically employed to apprehend shoplifters. "Merchant Patrol Agency" shall mean the business of, or the representation of being engaged in the business for hire or reward and as an independent contractor of guarding or protecting persons or property or patrolling buildings, streets or districts for such purpose. "Private Detective Agency" shall mean the business of, or the representation of being engaged in the business of making an investigation or investigations for hire or reward, with reference to any of the following matters: detecting, discovering or revealing crimes or criminals, or securing secret information or evidence relating thereto; the habits, conduct movements, whereabouts, associates, credibility of witnesses or or other persons; the location or recovery of lost or stolen property; the causes, origin or responsibility for fires, accidents, and injuries to real or personal property; the securing of evidence to be used before authorized investigating committees, boards, or in trial of Civil or Criminal cases. Section 3. PERMIT CARD. Every private detective, security police officer, merchant patrol officer shall, at all times, have in his possession a permit card in form approved by the Chief of Police, and such card shall have thereon, in addition to such other information and data as may be required by the Chief of Police, the licensee's photograph, thumb print and signature. Upon the revocation, suspension or expiration of any license, such permit card shall be surrendered to the Chief of Police. Every applicant for a license under this Ordinance shall submit to being fingerprinted for a criminal record check. The Chief of Police may issue a temporary permit, not to exceed fifteen (15) days, to an applicant pending results of the criminal record check. Such temporary permit will only be issued after all fees have been paid. Section 4. REFUSAL, REVOCATION OR SUSPENSION OF LICENSE OR PERMIT: The Chief of Police has the authority to refuse, revoke or suspend a license or permit on a showing of cause for any such revocation or suspension. The applicant for, or holder of a license or permit, may appeal such refusal, revocation or suspension to the City Council. ordinance No. Page Two Section 5. EXEMPTIONS: The provisions of this chapter shall not apply to (1) any officer or employee of any department or agency of the United States or of any State, County, City or other municipal corporation while engaged in the performance of his official duties; (2) to any person, firm or corporation furnishing information concerning the financial standing and credit of others, the personal habits and financial responsibility of applicants for insurance, bonds, or commercial credit; (3) private police or watchmen not acting as independent contractors but acting as employees of a single person, firm or corporation other than one engaged in the business licensed by this Chapter; (4) private detective whose principal place of business is not in the City of Pasco, provided that his business in the City is of a temporary nature only and that he shall have before engaging in his activities in the City, registered with the Chief of Police of the City of Pasco. Section 6. LICENSE FEES: The license fee for Security Police Agency, Merchant Patrol Agency, Private Detective Agency, Security Police Officer, Merchant Patrol Officer and Private Detective shall be and are hereby fixed in the amounts shown in the following schedule, and shall be payable annually in advance. The license fee for any agency will permit one owner of that agency to be issued a permit card. Any person or agency involved in Security Police, Merchant Patrol and Private Detective shall only be required to pay the license fee for one (1) business, such person or agency must, however, declare which permitted activities said agency will perform. Security Police Agency Merchant Patrol Agency Private Detective Agency Merchant Patrol Officer Security Police Officer Private Detective $50.00 per annum $50.00 per annum $50.00 per annum $ 5.00 per annum $ 5.00 per annum $ 5.00 per annum Security Police Officer, Merchant Patrol Officer and Private Detective licenses will only be issued to bonafide employees of a Security Police, Merchant Patrol or Private Detective Agency. Such license will not be transferrable from one agency to another without the express written consent of the original agency of issue. Section 7. VIOLATION - PENALTY: Any person violating any of the provisions of this Ordinance, or operating any business within the City without first having procured a license as herein provided, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $500.00 or by im- prisonment for not more than 6 months, or by both such fine and imprisonment. Section 8. Ordinance No. 554, Pasco Municipal Code 5.48, and all other Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 9. EFFECTIVE DATE: This Ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council and APPROVED this 16 day f Apr_i1 1974. ATTEST: �� DO CAXXMXN0MYCY SAM HUNT, MAYOR PRD -TEM HARRY'D. KINERACTING'CITY VANAGER AND EX -OFFICIO : 11Y CLERK APPROVED AS\TO FORM: D. WAYNE CAMPBELL, CITY ATTORN 'Y