HomeMy WebLinkAbout0305 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.
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(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
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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
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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;
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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
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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
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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;
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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
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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
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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:
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(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
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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.
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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.
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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
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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 ~