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.
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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