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HomeMy WebLinkAbout1976-1893 REGULATING PRIVATE SECURITY AGENCIES & OFFICERS. ■4 r ORDINANCE NO. ag;? AN ORDINANCE relating to licenses and business regulations; regulat- ing private security agencies and officers by requiring agency licenses and officer identification cards, adopting qualifications and fees for the issuance thereof and providing for their revocation; repealing existing Chapter 5.48 of the City of Yakima Municipal Code; and re- enacting Chapter 5.48, "Private Security Agencies and Officers ", and the sections thereof, as a new chapter and new sections of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 5.48, "Merchant Patrolmen ", and each and every section thereof, of the City of Yakima Municipal Code is here- by repealed in its entirety. Section 2. A new Chapter 5.48, "Private Security Agencies and Officers ", and the respective sections thereof as set out herein- below, are hereby re- enacted as a new chapter and new sections of the City of Yakima Municipal Code, which new chapter and sections • shall read as follows: "CHAPTER 5.48 Private Security Agencies and Officers 5.48.010 Definitions. As used in this chapter, the following words and phrases shall have the following mean -, ings ascribed to them: 1. 'Private security agency' means any person, firm or corporation engaged in, or offering to perform services of, a private security agency business as that term is defined herein. 2. 'Private security officer' means any person employed by a private security agency, as that term is defined herein, who performs the function of guarding or pro- tecting persons or property or patrolling buildings, streets, districts or territories. 3. 'Private security agency business' means the business ® of performing, for hire or reward and as an indepen- dent contractor, the guarding or protecting of per- sons or property, or the patrolling of buildings, streets, districts or territories. 5.48.020 Agency license required -- Application- -Fee. A. It shall be unlawful for any person, firm or corpora- tion to operate a private security agency within the City of Yakima without being the holder of a private security agency license issued pursuant to this chapter. Applications for such license shall be made in writing to the office of the City Clerk on forms furnished by that office. B. If the applicant is an individual person, the application shall contain the following information: 1. Name of applicant, 2. Age of applicant, 3. Residence address and telephone number of appli- cant at the time of making application, 4. Business address and telephone number of the pri- vate security agency, 5. Applicant's residence address for five years pre- vious to the time of making application, 6. Applicant's occupation and names and addresses of all employers for five years previous to the time of making the application, 7. Whether applicant has been convicted or forfeited bail for any criminal charge other than traffic violations within ten years previous to the time of making the application, 8. Such other information as may be deemed desirable or necessary by the City Clerk to administer the provisions of this chapter. The application shall be signed and verified on oath by the individual applicant. C. If the applicant is a firm or corporation, the appli- cation shall contain the following information: 1. The business name of the firm or corporation, and the business name or assumed name of the private security agency if it is different from the busi- ness name of the firm or corporation making the application, 2. The business address and telephone number of the firm or corporation, and the business and telephone number of the private security agency if different from that of the firm or corporation making the application, 3. The name of the manager, supervisor or other per- son in charge of operating the agency, 4. For each partner, corporate officer, or other owners 411 if the agency if owned by other than a partnership or corporation, and for each manager, supervisor or other person in charge of operating the agency, the application shall contain all information required by Subsection B of this section for an individual applicant, 5. Such other information as may be deemed desirable or necessary by the City Clerk to administer the provisions of this chapter. The application shall be signed and verified on oath by -2- a duly authorized officer or other agent of the firm or cor- poration which makes the application, and shall contain the residence or business address and telephone number of the person who signs the application. 5.48.030 A:enc, license - -+ alifications- -Bond required. lop No license shall be issued to a private , security agency unless the following requirements are satisfied: 1. The owner, if an individual, or the manager, super- visor or other person in charge of operating the . agency if it is a firm or corporation, shall be the holder of a private security officer identifi- cation card issued by the Yakima Police Department pursuant to the provisions of this chapter, 2. The agency applying for the license shall have in effect a bond in the amount of $1,000 for each pri- vate security officer employed by the agency; pro - vided, however, that no agency shall be bonded in an amount less than $10,000 nor shall any agency be required to be bonded in excess of $25,000. The bond is to be filed with the City Clerk, naming the City of Yakima as obligee, in a form subject to approval by the City Attorney. The bond shall be conditioned on the faithful and honest conduct of the private security agency business in compliance • with this chapter, and further conditioned that any person injured by the willful act or omission of the agency, or any employee of the agency, may bring an action on the bond to recover damages suf- fered by reason of such act or omission, all as if said injured party was named as obligee in the bond, and 3. The agency applying for the license shall file with the City Clerk, subject to approval by the City Attorney, a policy or certificate of liability insurance naming the agency and the City of Yakima as insured parties, evidencing insurance coverage in the following amounts: property damage coverage per incident of $50,000 and personal and bodily injury coverage per injury of $100,000 with a mini- mum of $300,000 per incident. 5,48.040 Agency license fee--Term--Non transferable. The license fee for a private security agency license shall be $50 per year; all licenses shall expire on. the 31st day of December of each year and no reduction in fee for any license shall be made for any partial year. No license shall . be transferable. 5.48.050 Private security officer identification card required. Every individual owner of a private security agency and every manager, supervisor or other person in charge of any such agency licensed as a firm or corporation, and every private security officer hired by any private security agency shall at all times have in his possession a valid private security officer identification card issued by the Yakima Police Department; provided, however, that a private security agency may employ a private security officer for a grace period not k -3- . • • to exceed three weeks pending the issuance or denial of that officer's identification card on the following conditions: 1. That proper application for an identification card has been made to the Yakima Police Department, 2. That the applicant has paid the fee required by Section 5.48.080 of this chapter, • 3. That a local records check, performed by the Yakima Police Department at the time of application, does not disqualify the applicant according to the qualifi- cations required by Section 5.48.070 of this chapter. Each identification card shall contain its date of issuance and date of expiration, the photograph, thumb print and signature of the person to whom the card is issued. The card shall contain the signature of •the chief of the Yakima Police Department and shall contain such other information as may be deemed by him to be desirable or necessary to adminis- ter the provisions of this chapter. 5.48.060 Identification card--Application. Applications for a private security officer identification card shall be made in writing to the Yakima Police Department on forms fur- nished by that department, and shall contain information con- cerning the applicant as is required by Section 5.48.020 B of this chapter for an applicant for a private security agency license. The application shall be signed and verified on ql, oath by the applicant. 5.48.070 Identification card--sualifications--Issuance. Each applicant for a private security officer identification card shall be fingerprinted and photographed, and the Yakima Police Department shall make an investigation of the background of the applicant. No identification card shall be issued to any person under the age of 18 years. No identification card shall be issued to any person unless the investigation discloses that the applicant has not, within ten years of the date of applica- tion, been convicted or forfeited bail for any felony charge, or any other criminal charge involving moral turpitude. In the event an applicant is denied the issuance of an identification card, the unsuccessful applicant shall have the right to a hearing with regard to the denial before the Yakima City Council' by filing a written notice of appeal with the City Clerk within • ten days after the 4plication is denied. The decision of the City Council on the appeal shall be final and conclusive. 5.48.080 Identification card--Fee--Term. At the time application is made for an identification card, the applicant shall pay to the City an identification card fee of $10.00 which • fee shall not be refunded to the applicant regardless of whether a card is issued or subsequently revoked. If a card is issued, the applicant shall pay an additional fee in an amount equal to the actual cost of the card. Each identification card shall be valid for a period of one year from its date of issuance, and shall not be transferable to any person other than to whom it is issued. -4- ti ` . 5.48.090 Identification card -- Revocation. Any private security officer identification card may be revoked by the City Manager, after a hearing by him, on a showing that the application contained false information which materially affected the determination to issue the card, or on a show- ing that the holder of the card has violated any provisions • of this chapter or has been convicted or, forfeited bail for a felony, or for any crime involving moral turpitude. In the event of the revocation by the City Manager of a security officer identification card, the holder of the card shall have the right to a hearing on the matter by the City Council on the filing with the City Clerk of a written notice of appeal within ten days after the City Manager's revocation of the identification card. The deci- sion of the City Council on such appeal shall be final and conclusive. 5.48.100 Impersonating an officer. It shall be unlaw- ful for any employee of a private security agency to repre- sent himself as a public law enforcement officer or to wear any uniform which is likely to cause confusion by reason of similarity to those uniforms worn by regular city, county or state law enforcement officers. 5.48.110 Exemptions. The provisions of this chapter shall not apply to: 1e Any officer or employee of any department or III agency of the United States or of any state, county, city or other municipal corporation while engaged in the performance of official duties, 2. Any person, firm or corporation whose business it is to furnish information concerning the financial standing and credit of others, the personal habits and financial responsiblity of applicants for insurance, bonds or commer- cial credit." Section 3. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this Qay • _�/1/. ,jj.: , 19741 1 � �im o�, de,---/ deaeriz- Mayor ATTEST: A . ity Cler -5-