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HomeMy WebLinkAboutOrd. No. 1984-719ORDINANCE N0. 719 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER. 5.25 TO THE LAKE ELSINORf MUNICIPAL CODE REGARDTNG SECURITY SERVICES. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Chapter 5.25.010 - Definitions: For the purpose of this chapter, the following definitions will apply: A. "Security Services", means persons-who, for consideration, are guarding, protecting or patroling property or protecting, defending or guarding persons, or any other persons defined in Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code. B. "Security Guards", means private investigators, private patrol operators, uniformed employees of private patrols, night watchmen, protection dog operators and any other person defined in Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code. C. "Chief Law Enforcement Officer", means Chief of Police or contract ranking officer of Lake Elsinore Riverside County Sheriff's Station. 5.25.020 - Permit Required: No person or company shall operate a Security Service in the incorporated area of the City of Lake Elsinore unless he holds a current, unrevoked permit issued to expire at the end of one year from time of issue. The annual fee therefor shall be One Hundred Dollars ($100.00), which may be prorated on a quarterly basis for the first year. 5.25.030 - Permit Application: Applications fora permit to operate a security service shall be made to the City upon the form provided which shall include the following; A. Name, residence address of the applicant, address of business and the fictitious name, if any, under which the applicant proposes to do business. Any change of business or residence address shall be reported within ten (10) working days to the responsible City staff member handling applications. -1- B. The experience of the applicant in the operation of Security Services. C. A complete description of each vehicle to be operated by the applicant or his employee. 5.25.040 - Permit Investigation: Upon the receipt of a completed application, the Chief Law Enforcement Officer of the City shall conduct an investigation to determine that the public health, safety, welfare, convenience and necessity require the granting of the permit and shall further determine if the applicant meets all the require- ments of the Chapter and the Laws of California. Upon completion of said investigation by the Chief Law Enforcement Officer of the City, he/she shall recommend to the City that the permit be granted or denied. 5.25.050 - Permit Hearing: If the City determines that a permit shall not be issued, the applicant has the right to demand a public hearing. A Request for Hearing shall be made in writing to the City within fifteen calendar days following notification of the decision of the City to deny the permit. Upon receipt of a written request, the City shall set the matter for Hearing not more than thirty (30) days following receipt of the writen request.. At the Hearing the applicant shall have the burden of proof to show facts of why a permit should be issued and why it meets the requirements of this Chapter and the Laws of the State of California. 5.25.060--_Pe.rmit Renewal: Permits to operate a Security Service may be renewed annually by the Chief Law Enforcement Officer of the City upon application by a permittee if the Chief Law Enforcement Officer determines that the permittee remains in compliance with the provisions of this Chapter. 5.25.070 - Permit Transfer: No permit shall be transfered to another person except upon prior approval of the City and upon the recommendation of the Chief Law Enforcement Officer of the City. 5.25.080.- Permit - Prereouisite of Issuance: Prior to issuance of the permit the applicant shall: A. Pay the first years fee, or prorate a portion thereof. _p_ B. File copies. of certification or licenses required by the California Business and Professions Code in Chapter 11 (commencing with Section 7500) of Division 3, for each security guard employeed. The applicant will supply, with- in five working days, copies of certificates and licenses of each new employed security guard during time of permit. C. .The applicant shall furnish a letter agreeing that the City is not obligated to pay for any costs or damages incurred by their service. 5.25.090 - Equipment Requirements: A. Uniforms shall not resemble the Law Enforcement Agency of the City. B. Badges shall not resemble or represent in design the Law Enforcement Agency of the City. C. Vehicles shall not have emblems on-doors that resemble the Law Enforcement Agency of the City. Vehicles may have "Security" in three inch (3")'letters on the. trunk lid. D. Lighting on vehicle shall conform to the California Vehicle Code. E. The Chief Law Enforcement Officer of the City shall have final approval of uniforms, badges and 'vehicles to insure compliance with this Section. 5.25.100 - Permit Issuance: lJpon issuance of a permit, the permittee shall have the right to provide Security Services for which he has been granted a permit. 5.25.110 - Permit - Grounds For Denial, Revocation: The granting of a permit, or a renewal may be denied and an existing permit may be revoked or suspended for any of the following grounds: A. The permittee or applicant has made false statements or fails to disclose facts in a material matter either in his application or in any reports or other documents furnished to the City. B. The permittee does not maintain and operate his vehicles -3- and other equipment in the manner and in the condition required by this Chapter. C. The permittee knowingly employs persons. who do .not meet the standards or requirements or have the certificate, licenses required. by this Chapter. D. The permittee or applicant is not the real party in interest in the business. E. Any other grounds or conduct as defined in Chapter 11 (commencing with Section. 7500) of the Business and Professions Code of California, which are violations. F. If the permittee. or applicant: 1. Is required to register as a sex offender under 290 of the California Penal Code. 2. Habitually uses, or is addicted to the use of, or uses narcotic or dangerous drugs or has been convicted of any offense relating to the use, sale, possession or transportation of narcotics or habit forming drugs within the past ten (10) years. 3. Is a habitual user of intoxicating beverages to excess. Habitual to be at least three arrests and convictions of Drunk in Public or Driving While Under the Influence in a two (2) year period. 4. Has.. been .convicted. of any offense involving Moral Turpitude. 5. Convicted of any offense relating to theft within the past ten (10) years. 6. Has operated a motor vehicle in violation of the California Vehicle Code relating to Security Services. 5.25.120.- Permit - Revocation or Suspension: A. Every permit granted under. this Chapter is granted and accepted by all parties with the express understanding that the permit may be revoked or suspended for any cause -4- specified in this Chapter by the Chief Law Enforcement Officer of the City after ten (10) working days notice to the permittee to be heard on the matter. B. If, after such Hearing, the Chief Law Enforcement Officer finds that grounds for revocation or suspension still exist he/she may then revoke or suspend the permit. If a permit is suspended, the permittee shall cease operations until the Chief Law Enforcement Officer removes the suspension. C. Failure to cease operations shall be a violation and is a misdemeanor with a punishment of thirty (30) days in jail and or a One Hundred Dollar ($100.00) fine for each day of violation. 5 25 130 - Permit -.Hearing Upon Nonrenewal or Revocation: If renewal of a permit is denied or if revoked by the Chief Law Enforcement Officer, the permittee shall have the right to demand a Hearing thereon. A request fora Hearing shall be made in writing to the City within fifteen (15) calendar days following notification of the denial or revocation of the permit. .Upon receipt of a written request the City shall set the matter for hearing on a date not more than sixty (60) days following receipt of the written request and give notice to the appellant and the Chief Law Enforcement Office of the date of Nearing. At the Nearing the parties may present evidence relevant to the decision for denial or revocation. The Hearing may be public or closed depending on request of permittee. With. fifteen (15) working days, following_the: conclusion of the Hearing, a written decision will be given. 5.25.140 - Punishment For Violating Chapter: Operating in violation of this Chapter is a misdemeanor punishable by thirty (30) days in jail or one hundred (100) hours of community service and One Hundred Dollars ($100.00) for each day of violation. INTRODUCED AND PASSED-UPON FIRST READING THIS 11th day of September 1984, upon the following roll call vote: AYES: MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NOES ABSENT: KNIGHT ABSTENTIONS: NONE -5- PASSED, APPROVED AND ADOPTED UPON SECOND READING THIS 25th day of September 1984, upon the following roll call vote: AYES: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: VERMILLION ABSENT: NONE ABSTENTIONS: NONE ARTA VAL NZUELA, YOR ATTEST: ~~ :_. ANN MONEY, CIT CLERK -6- STATE OF CALIFOPNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Pioney, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on September 71, 7984 and had its second reading on September 25, 1984 and was passed by the following vote: AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VALENZUELA NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILMEMBERS: NONE J N MONEY, C TY LERK I Y OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I, Jo Ann Money, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 719 of said Council, and that the same has not been amended or repealed. DATED: September 26, 1984 J ANN MONEY, CI Y C E K C Y OF LAKE ELSINORE (SEAL)