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Home My WebLink About1952-B-1353 I • ORDINANCE B 71353 . AN ORDINANCE .providing for the licensing and regulating of the businessof private •detectives; and providing a penalty for-the-violation hereof. BE "IT ORDAINED BY THE CITY OF YAKIMA: . Section 10 It shall be unlawful for /any person, firm or corporation to act as a private detective, or to engage in business as a detective agency, without being the holder of a valid and existing license issued under the.pro.visions of this ordinance:: . Section 2. DEFINITIONS: For the purpose of this ordinance, certain words • and phrases shall be.construe as hereinafter defined: -Words in the singular include the plural, and words in the plural shall include the singular. Words intthe present tense shall include the future. (a). "Private Detective Business" shall mean the business of or represen4 tation of being 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 crime or criminals, or securing secret information or evidence relating thereto; the habits,.. conducts, movements, whereabouts, associates, reputation, character or'actions of any person, firms or corporations; the creditibility of witiesses or other persons; the location or recovery of lost or stolen property; the causes, origin or responsibility for fires or accidents or injuries to real or personal propert' the securing of evidence to be used before authorized investigating committees, boards of award or arbitration or in the trial of civil or criminal cases. (b)' "Private Detective Agency" shall mean any person, firm or corporation engaged in the private detective business, which employs one or more persons as - employees, assistants, clerks or operators. . • • (c) "Private Detective" shall mean any person engaged in the private detective business,.who does:not'employ or use any employees, assistants, clerks, or operators. • Section 3. LICENSE FEE: The fee for a private detective agency shall be $25.00 per annum. The fee for a private detective license shall be $10.00 per annum. All licenses shall expire on the 31st day of December of the year of issue. No license shall be transferrable. Section 4. APPLICATION: Application for licenses shall be made to the City Clerk on such form as the City Clerk may require; which shall show thereon the applicant's name, age, present and previous residence and occupation -for a period of not less than five years immediately prior to such,application, the address of his place of business, and name of his employer, if any; and shall state whether or not the applicant has ever been convicted of a felony. . Such application shall be signed and verified by the applicant..• If the applicant is a firm or corporation, the application shall be made by its resident manager, who shall meet the qualifications herein set fort- , All applications for licenses shall be forwarded to the Chief of Police for investigation and report. The Chief of Police shall require that each applicant • be fingerprinted and his photograph taken; and a full investigation made into the character, reputation and ability of the applicant. • If the Chief of Police finds that theepplicant is a proper person to hold a license, he shall direct the City Clerk to issue said license; otherwise, he shall direct the City Clerk to deny said license. Licenses may be renewed from year to year by the City Clerk, without .referral to.the Chief of Police; except as to those licenses which theChief of Police advises the City Clerk in writing require further investiga- tion; which. applications for renewal shall then be handled in the same manner as original applications. No license required herein shall be issued to any person unless he is of good moral character and has never been convicted of a felony. If the . issuance of any license hereunder is denied, the applicant shall have the right of hearing before the Board of City Commissioners, by filing an appeal within ten days after said permit is denied. The findings of the Board of City Commissioners on such appeal shall be final and conclusive. Section 5. BOND: No license shall be issued until the applicant shall have filed with the City Clerk a bond in the sum of $1000000, running to the City of Yakima, in form approved by the City Attorney, and with surety approved by the City Clerk; conditioned upon the faithful and honest conduct of such business by the applicant, the compliance with the requirements of this ordinance; and further condi- tioned that any person who shall have been injured by the willful, malicious or wrong- ful act of such licensee may bring an action on said bond in his name to recover damages suffered by reason of such willful, malicious or wrongful act. • Section 6. IDENTIFICATION: Every private detective and employee of a • private detective agency shall at all times have in his possession an identification card, in form approved by the Chief of Police. Upon the revocation or expiration of any license, such identification card shall be surrendered to the Chief of Police. • Section 7. UNLAWFUL ACTS: It shall be unlawful for any licensee here- under to knowingly make or cause to be made any false report to his client; or to di- vulge or permit to be divulged any information acquired from or for his client to any person other' than his client, except when so authori by his client or when so re- quired by law. Section 8. REVOCATION: Any license issued hereunder may be revoked by resolution of the. Board of City Commissioners, at any time for caused deemed to be sufficient; provided that before such revocation is made, a public hearing shall be held before the Board of City Commissioners, of which hearing the licensee shall be given notice, and at which he shall be entitled to be heard. Section 9. EXEMPTIONS: Nothing in this ordinance shall apply to any officer or employee of any department or agency of the United States or of any state, • 355 ORDINANCE NO. 'B »1353 - • (Continued from page 354) • county, city or other municipal corporation while engaged in the performance of his official duties; to a ny person, firm or corporation furnishing information concerning the financial standing and credit of others, the personal habits and financial re- sponsibility of applicants for insurance, indemnity bonds or commercial credit, or to claimants under insurance policies. This ordinance shall also not apply to private police or watchmen not acting as independent contractors, but acting as employees of a person, firm or corporation other than one engaged in business as a private detective agency. No license shall be required for any private detective whose principal- place of business is not in the City of Yakima; provided that his businessin the City of Yakima is of a temporary nature only; and further provided that before engaging in his activities in the City of Yakima, he shall first have registered with the Chief of Police . thereof. Section 10. PENALTY: Any person, firm or corporation violating or failing to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor; and upon conviction thereof, shall be fined in a sum not exceeding $300.00, or imprison- ed in the City Jail for a period not exceeding ninety (90) days or both. PASSED BY THE CITY COMMISSION, signed and approved, this 3rd day of March, 1952. - • ATTEST: PEARL BENJAMIN (S E A L) G. W. BURNS City Clerk Mayor • - I hereby certify that the foregoing is full, true and correct copy of Ordinance No: B-1353 entitled AN ORDINANCE providing for the ligensing and regulating of the ,business of private detectives'; and `providing a penalty for the violation hereof." as passed this 3rd day of March, 1952, and that same has been published as required by law. • • • / e Nu' e I .TY • • • • • • • • • • • • • • • • • • c. • • • ' r 1