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HomeMy WebLinkAbout529 Private Security License:, a • ORDINANCE NO.~ja~~ AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER 22 TO TITLE VIII, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN PROVIDING FOR THE LICENSING OF PRIVATE SECURITY SERVICE INCLUDING PROVISIONS FOR THE FOLLOWING: DEFINITIONS, LICENSES REQUIRED AND EXEMPTIONS, UNIFORMS AND EMBLEMS, APPLICATION FOR LICENSE, QUALIFICATIONS, INVESTIGATION, STANDARDS, BOND AND INSURANCE REQUIRED, LICENSE FEES, LICENSE; EXPIRATION, LICENSE; FORM, UNLAWFUL DISPLAY OF LICENSE, LICENSES; AUTHORITY, AND PENALTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to adopt a new Chapter 22 to Title VIII, of the Revised and Compiled Ordinances of the City of Meridian which shall provide for the licensing of private security services; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That a new Chapter 22 be added to Title VIII AM RROSE, FITZG ERAID B CROOKSTON Attorneys and Counsabre P.O. Box l2] Meridian, Idaho 83812 Telephone 888-11Bt of the Revised and Compiled Ordinances of the City of Meridian, to be known as "PRIVATE SECURITY SERVICES", which is hereby adopted and enacted and which shall read as follows: 8-2201 DEFINITIONS: For the purpose of this Ordinance, the oll~erms, phrases, words and derivations shall have the meaning given herein. The word "'shall" is always mandatory and not merely directory. APPLICANT: The person making application for a license or the renewal of a license for: PRIVATE SECURITY SERVICES LICENSING ORDINANCE PAGE - 1 1. Private patrol agent; or 2. Private patrol or private security service or system. LICENSING The City Clerk. OFFICER: PERSON: Any individual, firm, co-partnership, corporation, company, association or joint stock association. PRIVATE or Any service or system which purports to furnish, PATROL SER- or does furnish, for a consideration, or VICE or otherwise, any watchman or guard, either SYSTEM: uniformed or otherwise, to patrol any district in the City, or to guard or watch any property, or which employs any person to perform any type of duty to guard, protect or maintain peace and order at any public function, dance hall, theater, tavern or lounge, or any other place of public amusement or entertainment open to or frequented by the general public. PRIVATE Any person employed by the service or who PATROL AGENT: performs individually the functions of a private patrol or private security service. PRIVATE Any service or system which purports to furnish, SECURITY or does furnish, for a consideration, or SERVICE: otherwise, any employee or agent to protect any property by means other than physical observation of property. 8-2202 LICENSES REQUIRED AND EXEMPTIONS: A. It shall be unlawful for any person to conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation or maintenance of, a private patrol or private security system unless a valid license therefor has been issued as provided for in this Chapter and which is in full force and effect. AM eROSE, FITZG ERALO 6CROO KSTON Attorneys antl Counealore B. It shall be unlawful for or to offer to act, as agent within the City license therefor has provided for in this Cha in full force and effect. any person to act a private patrol unless a valid been issued as pter and which is P.O. ROZ 42] PRIUATE SECURITY SERVICES LICENSING ORDINANCE Meritli~Ztlano P A G E - 2 Telepftone 8864481 C. It shall be unlawful for any private patrol or security service to employ or hire the services of a private patrol agent until and unless said private patrol agent has been duly licensed as required by this Chapter. D. This Chapter shall not apply to or include regularly appointed police officers of Meridian City or to any regularly appointed police officer or law enforcement agent of the United States and of this State, or any political subdivision thereof while acting as their agent. E. Any owner/operator of a validly licensed private patrol or security service or system may act as a private patrol agent for their private patrol or security service or system without additional bond or fee and be issued a license accordingly. 8-2203 UNIFORMS AND EMBLEMS: A. It shall be unlawful for any private patrol or security service, or for any private patrol agent, to use or authorize the use of: 1. Any uniform, clothing, uniform emblems or shoulder patches having a color, design and/or shape such as makes any of them individually, or some or all of them in the aggregate, appear indistinguishable from any uniform, uniform emblems and/or shoulder patches of the Meridian City Police Department: AMBROSE, FITZG ERALO BCROO KSTON AUOrnaya antl GOnn980fa P.O. Box a2] MerlElan, Itlano s~z Telepnone BSSd~81 B. It shall be unlawful-for any private patrol service to omit the use of a tape which has stitched thereon words such as "private patrol or security service", "private patrol system°, or °bonded police" to be affixed to the left breast of the uniform or clothing worn by a private patrol agent. C. Every private patrol or security service and private patrol agent, prior to being licensed under this Chapter, shall obtain approval and authorization of any color, PRIVATE SECURITY SERVICES LICENSING ORDINANCE PAGE - 3 design or shape of any uniform, clothing, uniform emblems, badges and/or shoulder patches, to be utilized by such licensee. Application for such approval shall be made to the Meridian City Police Department and approval and authorization, if any, shall be given in writing by the Department and shall be attached to the application for license required by this Chapter and shall describe the color, design and shape of the uniform, patches, badges and/or emblems, as the case may be. 8-2204 APPLICATION FOR LICENSE: An application for a license, whether or private patrol or security service or system or private patrol agent, shall be made to the Licensing 0`ficer. Applications or such licenses may be made by mail. A. At the time of filing an application, an application fee shall be paid to the City Clerk pursuant to fee schedule. 8-2205 QUALIFICATIONS: No person shall be issued a icense who: A. Is not over eighteen {18) years of age. Has been convicted, paid any fine, placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear or complete any sentence of confinement for any felony or misdemeanor within three (3) years prior to the date of making application, provided that offenses regulating the operation and licensing of vehicles and fish and game laws, other than driving while under the influence of intoxicating beverages and reckless driving, shall not be grounds for disqualification. AM BROSE, FIT2G ERALD 6CROO KSTON Attomaya and Counaelora P.O. Boa a2] MBrltllan, Itlano eaBez r.LPnoneeee~aui 8-2206 INVESTIGATIOfd: The Licensing Officer shall examine a app ications filed and shall make, or cause to be made, such further investigation of the application and the applicant as he shall deem necessary. An applicant who was not licensed by this Chapter for the year immediately preceding the current application shall be required to be fingerprinted by an appropriate agency to be designated by the Licensing Officer. Cost of taking and processing PRIVATE SECURITY SERVICES LICENSING ORDINANCE PAGE - 4 such fingerprints shall be borne by the applicant. 8-2207 STANDARDS: The Licensing Officer shall approve the iss'- uance- of a license provided for in this Chapter whenever it shall find that the applicant has complied with the provisions of this Chapter and is otherwise qualified. A provisional license may be issued pending completion of the required investigation. 8-2208 BOND AND INSURANCE REQUIRED: Before any license shall be issued to any applicant: A. The applicant shall be required to give a fiduciary bond running to the City of Meridian City in the sum of: i. Private patrol or security service, ten thousand ($10,000.00) dollars. 2. Private Patrol Agent two thousand five hundred ($2,500.00) dollars. B. General and personal liability insurance for bodily injury, sickness, disease or death sustained by persons and arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with property and contract rights. The minimum limits for such insurance shall be one hundred thousand (100,000) dollars per person and three hundred thousand (300,000) dollars per incident or occurrence. 8-2209 LICENSE FEES: The City License Officer shall co ect efore the acceptance of an application: A. Annual: 1. Private patrol service: $100.00 2. Private security services: $100.00 3. Private patrol agent $ 25.00 AMBROSE, FITZGERAlO &CROO KSTON Attorneys antl Counaelora P.O. Boa Ill MarlElan, Itle~o e3e/e Teleonona aee~//e~ 8-2210 LICENSE; EXPIRATION:, A71 licenses issued under the provisions o is Chapter shall expire each year. Any person holding a license under the provisions of this Chapter must renew such license for the following succeeding year by payment to the Clerk, PRIVATE SECURITY SERVICES LICENSING ORDINANCE PAGE - 5 AMRROSE, FITZGERALD d CROOKSTON Atlornays antl CoaneelOra R.o. eo. an Meritllan, Itlaho 838x2 TeleRhone BB8J~B1 the license fees required by this Chapter on or before December 31. 8-2211 LICENSE; FORM: The license for a private agent sha t e in the form of a card which shall contain the words "private patrol agentR; and shall also bear numerals designating the year in which such license is in force and effect. 8-2212 UNLAWFUL DISPLAY OF LICENSE: It shall be unlawful for any person to wear or display any license required or provided for by the Chapter unless such person is duly licensed therefor. 8-2213 LICENSES; AUTHORITY: The granting or issuance of any icense un er the provisions of this Chapter shall not be construed in any manner as granting or providing any additional or further power of arrest than that granted under the provisions of the Statutes of the State, and the provisions of this Code, nor shall the provisions of this Chapter be construed in any manner as authority or power to carry weapons contract to the Statutes of the State. 8-2214 PENALTIES: Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding three hundred dollars ($300.00) or be imprisoned in the Ada County jail for not exceeding six (6) months or be both so fined and imprisoned. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. SECTION 2: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PRIVATE SECURITY SERVICES LICENSING ORDINANCE PAGE - 6 ,y n ~ PASSED AND APPROVED this ~ day of _ t~~~'~_~i_, 1990. ~; CITY OF MERIDIAN AMBROSE, PIT2GERglO B CFOOKSTON Atrornaye an0 Couneelora P.O. Bos <Y7 Merldlen, Itla~o ~z TelePftona BBB~N81 ATTEST PRIVATE SECURITY SERVICES LICENSING ORDINANCE PAGE - 7