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0305 Licensing of Security Officers 1988 RECEIVED JU? 2 ? 1988 SUMMARY ORDINANCE NO. 305 The City of Chubbuck, Idaho, does herewith set forth in summary the pertinent details of Ordinance No. 305, being an ordinance of the City of Chubbuck, Idaho providing for the licensing of security officers and private investigators. The principal provisions of the ordinance are: 1. Security guard, private investigator, private investigator agencies and security guard business are all defined. 2. A fee of $25 per year for a business and $10 per year for an individual are provided, as well as an additional authorization for an individual to carry a firearm, provide for finger printing fees and temporary licenses. 3. Applications for both a business and an individual are provided and include specific background requirements and fingerprints for the principals of the business and for an individual. 4. The ordinance provides for the investigation of individuals and businesses by the Chief of Police and provides an appeal procedure in the event a license is denied. 5. Conditions and terms of licenses are provided as well as provisions for the revocation of the license. 6. Provisions are made for bond and insurance requirements with a bond of $5000 for an individual and $10,000 for a business being required as well as public liability insurance. 7. It is provided that it is unlawful to impersonate a police officer and further provides that no licensee shall have the authority of a police officer or any additional powers over and above that of a private individual. Penalties for violation are also provided and the City specifically disclaims that by issuing a license it is making any sort of representation as to the agency or individual. 8. Further administrative provisions are provided for repeal of conflicting ordinances, severability of ordinances and effective date. The full text of this Ord~nace No. 305 is available at the Chubbuck City offices in Chubbuck, Idaho. /s/ John O. Cotant, Mayor Attest: /s/ Ron Conlin, City Clerk ORDINANCE NO. 305 CITY OF CHUBBUCK, IDAHO AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, PROVIDING FOR THE LICENSING OF SECURITY OFFICERS AND PRIVATE INVESTIGATORS; ESTABLISHING STANDARDS FOR THE ISSUANCE OF LICENSES; LIMITING THE AUTHORITY OF LICENSED SECURITY OFFICERS AND PRIVATE INVESTIGATORS; ESTABLISHING PROCEDURES FOR THE REVOCATION OF LICENSES GRANTED PURSUANT TO THIS ORDINANCE; REQUIRING BONDS AND PUBLIC LIABILITY INSURANCE FOR PERSONS AND ENTITIES COVERED BY THIS ORDINANCE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1. Definitions. As used in this ordinance, the following terms shall have the following meanings, unless the context clearly indicates a different meaning: (a) Security Guard: Any person employed for the purpose of observing, guarding, patrolling or protecting any premises, property or persons. This term shall not include a person employed by any person, partnership or corporation which employs security guards exclusively for the purpose of protecting, patrolling or guarding that person's, partnership's or corporation's property. This term shall not include any employee of the City while on duty for the City nor shall it include any member of the City Fire Department employed on a temporary basis for the above purposes following a fire. ORDINANCE - Page 1 jm 15U-76 (b) Security Guard Business: Any nongovernmental person, partnership or corporation which, for remuneration, observes, guards, patrols or protects any premises, property or person, or provides security guards for such use. This term does not include any person, partnership or corporation which employs security guards exclusively for the purpose of protecting, patrolling or guarding that person's, partnership's or corporation's property. (c) Private Investigator: Any person employed by a private investigator agency for investigative purposes. (d) Private Investigator Agency: Any nongovernmental person, firm, partnership or corporation which, for remuneration, investigates to obtain information regarding: the habits, movements, whereabouts, credibility, reputation or character of persons, firms, or corporations; the location of lost or stolen property; or information for the trial of any criminal or civil action. This term excludes any person, firm, partnership or corporation employed exclusively by one employer in regard to the sole affairs of that employer. SECTION 2. License and Fee. (a) Business. Any person, partnership or corporation who engages in the business of a security guard business or private investigator agency within the corporate limits of the city, shall be licensed by the city as provided in this ordinance. The fee for the license shall be submitted with the application in Section ORDINANCE - Page 2 jm 15U-76 3 and shall be twenty-five dollars per year or part year, which shall be in addition to any other license fees, including an occupational license, imposed by the City. (b) Individual. Any person employed as a security guard or private investigator within the corporate limits of the city shall be licensed by the city as provided in this ordinance. The fee for the license shall be submitted with the application in Section 3 and shall be ten dollars per year or part year, which shall be in addition to any other license fees imposed by the City. The license shall be renewed every year. If an applicant is to carry a firearm at any time as part of employment, authorization to do so shall be noted on the license after payment of an additional ten dollars service fee for each year or part year and after meeting the standards to do so as expressed in Section 4 of this ordinance. Demonstration of such knowledge and ability regarding firearms shall take place at the convenience of and to the satisfaction of the chief of police. This authorization shall be renewed every year. Carrying of a firearm without authorization while acting as a security guard or private investigator shall be grounds for revocation of the license granted hereunder and shall constitute a misdemeanor. Any person licensed under this chapter shall immediately report to the chief of police any discharge of a firearm within the city which occurs in connection with employment as a security guard under this ordinance. Nothing in this section ORDINANCE - Page 3 jm 15U-76 shall constitute an authorization to carry a firearm in violation of any state or federal law, including, but not limited to, prohibitions on the carrying of a concealed weapon without a permit therefor. (c) If a license is not issued, all fees submitted with the application shall be refunded to applicant. (d) These fees do not include a fee for fingerprinting. The Chief of Police shall periodically determine a reasonable charge for taking a set of fingerprints, which charge shall be imposed in addition to any of the foregoing. (e) The fee for a temporary license as defined in Paragraph 4(d) below shall be $10.00 for a business and $5.00 for an individual. This fee shall be solely for a temporary license. If application is made for a regular license as provided in Sections 4(a) or (b), the regular fee shall be charged. SECTION 3. Application. (a) Business. Application for a license for a security guard business or private investigator agency shall be made to the chief of police and shall include: 1. The full name, age, residence, present and previous occupations of the applicant; 2. A specific description of the location of the principal place of business of the applicant; 3. The number of years' experience the applicant has had in a security guard business or private investigator agency; ORDINANCE - Page 4 jm 15U-76 4. Such other information as the chief of police shall find reasonably necessary to effectuate the general purpose of this ordinance and to make a thorough determination of whether the terms of this ordinance have been complied with; 5. A full set of fingerprints and a recent photograph of the applicant or, if a partnership, a full set of fingerprints and a recent photograph of each partner, or, if a corporation, a full set of fingerprints and a recent photograph of the President, Secretary and Treasurer thereof. If applicant is engaged in operations in other states, the foregoing information shall be submitted with respect to those partners or corporate officers, including management and personnel, who actively conduct business within the State of Idaho; 6. If the applicant is an individual, the application shall be signed or verified by such individual; if the applicant is a firm or partnership, the application shall be signed and verified by at least one of the individuals comprising such firm or partnership; if the applicant is a corporation, the application shall be signed and verified by the President or the Secretary and Treasurer thereof; or if a foreign corporation, such application shall be acceptable if accompanied by a certificate signed by the proper officers of such corporation showing the place and date of incorporation, a certified copy of its right to do business in the state, and the name and address of its duly authorized local agent ORDINANCE - Page 5 jm 15U-76 in the state, its principal place of business in the city, and the application shall be signed and verified by the duly authorized local agent of such foreign corporation as well as the signature and verification of the President and Secretary of the corporation or officers within the State of Idaho as designated by the President and Secretary of the corporation to sign on behalf of the corporation. (b) Individual. Applications must be filed by any persons employed as a security guard or private investigator. These applications must include the following: 1. The full name, age, residence, length of time at present residence, present and past occupations of the applicant; 2. The number of years' experience as a security guard or private investigator; 3. Such other information as the chief of police finds reasonably necessary to effectuate the general purpose of this chapter and to make a thorough determination of whether the terms of this ordinance have been complied with; 4. A full set of fingerprints and a recent photograph of the applicant. SECTION 4. Standards for Issuance of Licenses. (a) Business. Within fifteen days after receipt of an application by a security guard business or private investigator agency, the chief of police shall cause an investigation to be ORDINANCE - Page 6 jm 15U-76 made of the applicant and the proposed operation. The chief of police shall issue a license under this ordinance upon a finding: 1. The applicant, if a corporation, is authorized to do business within the State of Idaho and Bannock County; 2. The applicant or if a partnership or corporation, its partners or officers, including any management officers within the State of Idaho, have never pled guilty to or been found guilty of any felony; 3. The applicant has instituted appropriate procedures to ensure that applicant's employees will meet the standards of the immediately following section for individuals and further that applicant agrees that it will not employ any individual to act as a security guard or private investigator for applicant until such individual has received a license from the city pursuant to this ordinance; 4. All fees, bonds and insurance filings have been paid or filed by applicant with the city. (b) Individual. Within fifteen days after receipt of an application, the chief of police shall cause an investigation to be made of the applicant and any proposed operation. The chief of police shall issue a license under this ordinance upon finding: 1. The applicant is of good moral character; 2. The applicant has never pled guilty to or been found guilty of any felony; ORDINANCE - Page 7 jm 15U-76 a legal alien; 4. 5, The applicant is a citizen of the United States or The applicant is at least twenty-one years of age; If the applicant has additionally applied for a license to carry a firearm, he has supplied to the chief of police proof that he has passed the National Rifle Association's Firearm Short Course within the preceding twelve months. The chief of police may, in his professional discretion, accept alternative equivalent proof of firearm proficiency. Such equivalent firearm proficiency shall consist solely of proof that the applicant has passed, within the preceding twelve months, a firearm course or test with standards for passage equal to or greater than those specified by the National Rifle Associations' Firearms Short Course. Each individual granted a license shall thereafter furnish continuing proof of firearm proficiency by means of one of the aforementioned methods at least once every succeeding twelve months. 6. All fees, bonds and insuranCe filings have been paid or filed by applicant with the city. (c) Denied. The chief of police shall act upon any application within fifteen days after the filing thereof. If the chief of police disapproves the application, he shall mail to the applicant within fifteen days after the date upon which the application was filed, a notice of action stating the reasons for ORDINANCE - Page 8 jm 15U-76 denial of the license. Any person aggrieved shall have the right to appeal to the city council the denial of the license sought by the applicant. The aggrieved person must file an appeal with the city clerk within fifteen days of the date notice of denial is mailed. (d) Temporary License. Upon good cause, the chief of police may issue a temporary license for a period not exceeding fifteen days which license shall expire and shall not be reissued unless and until applicant has complied with Section 4 (a) or (b) of this ordinance. SECTION 5. Conditions of Licensing. (a) Transferability. Licenses issued under this ordinance shall not be transferable. (b) Revocation and Suspension. Licenses issued under this ordinance shall be subject to revocation or suspension by the chief of police for violation of any of the provisions of this ordinance, for such misconduct by the licensee or its employees as to constitute an unreasonable danger or hazard to the public or for any serious or repeated violation of the civil rights of any person or persons. Such revocation or suspension shall only occur after reasonable notice and an opportunity to be heard has been given the licensee. The chief of police shall immediately notify any licensee, by personal service, of such suspension or revocation. The licensee shall have the right to appeal to the ORDINANCE - Page 9 jm 15U-76 city council the suspension or revocation of his license by filing an appeal with the city clerk within fifteen days following his receipt of the notice of suspension or revocation. (c) Term of License. All licenses, other than temporary licenses, issued under this ordinance shall expire on'December 31 of the year of issuance unless sooner terminated, suspended, revoked or surrendered. The chief of police shall issue renewal licenses to all licensees whose licenses have not been suspended at the time the licenses have expired, upon payment of the annual license fee and, if the license includes the right to carry a firearm, upon the submission of proof that the licensee has satisfied the requirements of Section 4(b) (5) of this ordinance. SECTION 6. Bond and Insurance Required. (a) Before any license shall be issued to any applicant, a bond, executed by a surety company duly authorized to do business in Idaho shall be filed with the city clerk conditioned upon the faithful and honest conduct of the occupation for which each applicant is licensed and conditioned to save the City harmless by reason of any acts of the licensee and conditioned that any person who shall have been injured by the wilful, malicious or wrongful act of any such licensee may bring an action on said bond to recover damage suffered by reason of such wilful, malicious or wrongful act. The penal amount of the bond hereby required shall be as follows: ORDINANCE - Page 10 jm 15U-76 (A) (B) Security Guard or Private Investigator, the sum of five thousand dollars ($5,000.00). Security Guard Business or Private Investigator Agency, the sum of ten thousand dollars ($10,000.00). The bond herein required shall be kept in full force and effect by the licensee, and in the event of the expiration or termination of the bond, the license of the licensee shall automatically be forfeited and the licensee shall be subject to all penal provisions of this Chapter. (b) Before any license shall be issued to any applicant, a certificate shall be filed with the city clerk showing that such applicant is covered by public liability insurance by a company authorized to do business in Idaho and in an amount not less than twenty thousand dollars ($20,000.00) for injury or death of one person, nor less than fifty thousand dollars ($50,000.00) for one occurrence, nor less than ten thousand dollars ($10,000.00) for damage to property in one occurrence. Such insurance shall be maintained in full force and effect while the licensee is operating within the City. SECTION 7. Impersonation of Police. (a) It is unlawful for any person licensed under the provisions of this ordinance to impersonate or hold oneself out to be a police officer or any law enforcement employee of any city, county or state law enforcement agency; nor shall any such licensee operate or permit to be operated any motor vehicle ORDINANCE - Page 11 jm 15U-76 equipped with a siren or flashing blue or red lights; or which display the word "police," or the name of any city, county, or state; or which shall display any star, shield, emblem, insignia or color scheme similar to or in imitation of those displayed on vehicles used by city, county or state law enforcement agencies. (b) Any uniform, badge, shoulder patch, chevron or any other emblem or insignia to be worn by persons licensed under the provisions of this ordinance shall first be submitted to and approved by the chief of police. No such licensee shall wear any uniform, badge, shoulder patch, chevron or any other emblem or insignia similar to or in imitation of those worn by members of any city, county or state law enforcement agencies. (c) When a security guard is not working on the job or when a security guard is off duty or in transit to or from the job, a security guard shall remove or cover up any badge, shoulder patch or chevron or any other emblem or insignia which indicates that said individual is a security guard or working for a security guard business. Additionally, if said security guard is authorized to carry a firearm, said firearm shall not be worn upon the person. SECTION 8. Authority Limited. No license issued under this chapter gives the licensee any power or authority of a police officer or any additional power of arrest over and above that of a private person. ORDINANCE - Page 12 jm 15U-76 SECTION 9. Violations. Violation of any provision of this ordinance, including, but not limited to, the licensure requirements of Section 2, shall be punishable as a misdemeanor and shall be grounds for revocation of any license granted hereunder. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. SECTION 10. Disclaimer. The issuance of a license hereunder shall not constitute a representation to any person that the security guard or private investigation services provided thereunder are free from risk. The City of Chubbuck, its officers, agents and employees shall not be liable for, nor shall a cause of action exist for any loss of damage resulting from enforcement of this chapter, or based upon the failure of any person to meet the standards contained herein. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. ORDINANCE - Page 13 jm 15U-76 Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 1988. ATTEST: CITY CLERK 24th day of MAY ORDINANCE - Page 14 jm 15U-76 I, Thomas J. Holmes, Chubbuck City Attorney do hereby state that the above summary Ordinance 305 is true and complete and provides adequate notice to the public. ~.~.? DATED this 22nd day of June, .1958-~ .' .... Thomas J. rH6~~s ~