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ORDINANCE NO. 614
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK ADDING
PAKE 2 TO CHAPTER 7 OF ARTICLE VI,
CONSISTING OF SECTIONS 6760 THROUGH
6770, TO THE BALDWIN PARK MUNICIPAL
CODE, RELATING TO PRIVATE PATROL
OPERATIONS•
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOSS
ORDAIN AS FOLLOWS:
SECTION 1. That Part 2, consisting of Sections 6760
through 6770, inclusive, is hereby added to Chapter 7 of
Article VI of the Baldwin Park Municipal Code, to read,
respectively, as follows:
PART 2 PRIVATE PATBOL OPERATIONS"
6760. DEFINITIONS. For the purpose
of this Part, the words and phrases herein-
after set forth, shall be defined as follows:
1) Applicant shall mean a person
applying tor registration as a private
patrol operator pursuant to the provisions
of this Part;, applicant' as used herein
shall also mean and include any of the
following: in the case of a corporation,
any officer, director, managing employee,
or any person holding 51 or more of the
stock issued by the corporation; in the
case of a partnership, each partner whether
general or limited and any managing employee;
2) Chief shall mean the Chief of
Police of City;
3) City Manager shall mean the City
Manager of the City;
4) Council shall mean the City Council
of the Cit^;————
5) Private Patrolman shall mean a
person employed, full tlme""br part tine, by
a Private Patrol Operator, in the actual
patrol operation;
6) Private Patrol Operator shall mean
a person, defined as such, in Section 7500 et
seq. of the Business and Professions Code of
the State of California.
6761. REGISTRATION REQUIRED, No person
shall act as, or perform any of tfie services,
directly or indirectly, of, a private patrol
operator within the City unless be is
registered as such pursuant to the provisions
hereof.
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6762. REGISTRATION APPLICATION. Each
person applying tor registration pt3??uant to
this Part shall make written application
therefor upon forms provided for this purpose
by the Chief. Such completed applications
shall be submitted to the Chief, together
with the following:
1) An accurate statement of the
business, occupation or employment of the
applicant and each proposed private patrolman
for the five years immediately preceding the
date of application; and
2) A statement of work experience con-
taining sufficient information to establish
that the applicant is qualified to operate a
private patrol and to supervise persons who
will act as private patrolmen; and
3) Such other identification, including,
but not limited to, fingerprints and/or photo-
graphs of such persons and information deemed
reasonably necessary by the Chief to permit a
full investigation and to insure compliance
with the provisions of this Part; and
4) Proof of payment to the City of a
processing and filing fee in an amount to be
established by the Chief based upon the
expected cost to the City of such investi-
gation. Any amount in excess of that actually
expended for such investigation shall be
returned to the applicant; should the cost of such investi-
gation be in excess of the amount of such
payment, the applicant shall forthwith pay the
same to the City prior to the issuance of any
registration pursuant hereto.
6763. GRANTING OR REFUSAL OF REGISTRATION,
Upon receipt of a written application for
registration as a Private Patrol Operator, the
Chief shall conduct an appropriate investigation
in order to ascertain whether such registration
shall be granted pursuant to the provisions of
this Part. The Chief shall grant the registration
requested, unless, as a result of such investi-
gation, he finds any of the following facts to be
present:
1) That the applicant or any proposed
private patrolman has been finally convicted of
a felony, or any other crime involving moral
turpitude within the five year period immediately
preceding the date of application; or
2) That the applicant, any partner or
principal officer of an applicant, or any
proposed private patrolman, is of bad moral
character; or
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3) That the applicant, or any proposed
private patrolman, is not licensed pursuant to
Section 7500 et seq. of the Business and
Professions Code of the State of California.
The Chief shall be authorized to impose
such reasonable conditions, including, but
not limited to, approval of the type of
badges and/or uniforms utilized by a private
patrol officer upon the granting of registration
as he may deem necessary or expedient to insure
compliance with the provisions of this Part,
and to protect the piAlic peace, health,
safety, morals or Welfare of the City or its
inhabitants.
6764. APPEAL CITY MANAGER. After
making his determination as to any such
registration, the Chief shall, within five 5)
calendar days, give written notice of his
decision, approving, conditionally approving
or declining the granting of registration, to
the applicant and to any other person requesting
notice of the same.
Within ten 10) days after the giving of
written notice of such decision, denying or
conditionally approving an application, any
applicant who is aggrieved by such decision
may file a written letter of appeal with the
City Manager, appealing the decision of the
Chief to the City Manager. Said letter of
appeal shall briefly outline the basis for
such appeal. The City Manager, upon receipt
of such written letter of appeal, shall obtain
from the Chief all of the files applicable to
the application. The City Manager shall there-
after conduct an informal hearing for the
purpose of determining whether the decision,
as rendered by the Chief, was within the
authority granted to him pursuant to the
provisions of this Part. The City Manager
shall give written notice of the time and
place of such hearing to the applicant, to the
Chief and to any other person requesting such
notice. At the time and place set for such
hearing, the City Manager shall act as the
hearing officer and shall accept all relevant
evidence pertaining to the application,
including, but not limited to, the files and
records in custody of the Chief relating
thereto. The City Manager shall give the
applicant, and any other interested person,
a reasonable opportunity to be heard with
respect to the merits of such appeal. The
burden of proof shall be upon the applicant
to show that the action of the Chief was
arbitrary, capricious or in excess of the
authority granted pursuant to the provisions
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of this Part. The City Manager shall affirm,
reverse or Modify, in whole or in part, the
decision as rendered by the Chief of Police
The City Manager shall, promptly, give
written notice to the applicant and any other
person requesting the same, of his decision,
together with the reasons therefor. The
decision of the City Manager shall be final
and conclusive in the absence of sm. appeal
to the City Council as hereinafter provided.
6765. APPEAL CITY ODPHCIL. Any
applicant who Is aggrieved by a decision of
the City Manager, as hereinabove provided,
shall have the right to appeal such decision
to the City Council. Such an appeal shall be
perfected by the filing of a written letter
of appeal, briefly stating the grounds there-
for, with the City Clerk, within ten 10) days
after the giving of notice of the City Manager's
decision. Upon receipt of a letter of appeal,
the City Clerk shall place the same cm the
City Council's agenda at its next most con-
venient meeting. The City Clerk shall give
the applicant, and any other person requesting
notice, ten 10) days written notice of the
time and place of such hearing before the
Council. At such time and place, the City
Council shall hear the matter and shall there-
after, issue, conditionally issue or decline
to issue, the registration as requested. The
City Comcil shall give the applicant and any
other interested person the right to present
any relevant evidence bearing upon such appeal.
The burden of proof shall be upon the applicant
to show that the action of the City Manager was
arbitrary, capricious or outside the scope of
authority granted to him by the provisions of
this Part. The decision of the City Council
shall be final and conclusive.
6766. SUSPENSION REVOCATION. The
Chief shall suspend any registration issued
pursuant to this Part if he finds that subse-
quent to such registration, that grounds exist
which would have justified the refusal of such
registration pursuant to Section 6763 hereof;
or if he finds that the operator is, or has,
violated any of the conditions of approval
imposed upon such registration. 06 shall
effectuate such suspension by issuing an order
of suspension, notice of which shall be given
to the applicant; said order shall contain a
statement of the reason or reasons for such
suspension. The order of suspension shall be
l^—nd an order of revocation, and shall be
final and conclusive, within five 5)
consecutive calendar days after the giving
of notice thereof to the applicant, unless
such applicant files an appeal, with the
City Manager, within said five-day period.
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The filing of an appeal shall stay the
effective date of the order, pending the
determination of such appeal, which shall
be processed as provided in Section 6764
et seq. hereof.
6767. TRANSFER AND DURATION OF
REGISIRAIION, RBORCANIZATICIT OP BITSPlESS
JKra-iTYeKb registration Issued hereunder
shall be transferable. Registrations issued
hereunder shall be valid until revoked.
Should any private patrol operation registered
as such pursuant to the provisions hereof,
change its business organization by becoming
a partnership, corporation or individual
proprietorship, the former registration shall
be deemed automatically revoked if within
thirty 30) days after the effective date of
such reorganization a new application is not
filed and approved pursuant to the provisions
of this Part.
6768. NEW EMPLOYEES. Each private
patrol operator registered hereunder, prior
to employing any person who will be directly
engaged In the private patrol operation* including,
but not limited to, solicitors, patrolmen, investigators,
and office operators, after issuance of
registration, shall file with the Chief a
written application relating to such proposed
employee, in a form prepared for that purpose
by the Chief, A filing and processing fee in
the sum of $10.00 shall be paid contemporaneously
with such filing to the City Treasurer. Upon
receipt of such application and evidence that
the processing fee has been paid, the Chief
shall conduct an investigation to determine
whether such proposed employee is qualified
pursuant to Section 6763 hereof; if the person
is so qualified, the Chief, by written notice
to the registered operator, shall add such
person's name to the list of persons authorized
to engage in the patrol operation* Where, as
a result of his investigation, the Chief
determines that the proposed employee does not
qualify pursuant to said Section 6763, he shall
give notice of such decision to the operator
and to the proposed employee, within five 5)
calendar days from receipt of the said appli-
cation. The operator shall have the right of
appeal from such decision, in the time and
manner set forth in Section 6764 et seq. hereof.
6769. INSPECTION OF RECORDS. The Chief
shall be authorized to inspect, at any reasonable
time, the business records of any registered
applicant. Refusal to allow such inspection
shall be basis for revocation of registration.
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6770. BOTICES. Where the giving of
notice is required pursuant to the provisions
of this Part, the saae shall be done by
personal service upon the person or persons
to be notified or, by deposit of such written
material in the course of transmission of the
United States Postal Service, postage prepaid,
addressed to such person or persons at bis
last known address For the purpose of this
Part, such notice shall be deemed, for all
purposes, to have been given as of the date
of such personal service or as of the date of
deposit of the same in the course of trans-
mission of said Postal Service,"
SECTION 2. That the City Clerk shall certify the
adoption of this Ordinance and shall cause the same to
be published in the manner prescribed by law.
PASSED AND APPROVED this 17th day of Mowber
1971.
ATTEST:
City CleA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDMIN PARK
I, THELNA L. BALKUS. City Clerk of the City of Baldwin Park,
do hereby Certify that the foregoing Ordinance No. 614 was regularly
introduced and placed upon its first reading at a regular
eeting of the City Council on the 3rd day of Novaber 1971- That,
thereafter, said Ordinance was duly adopted and passed at a
regular eeting of the City Council on the 17th day of Novwber 1971,
by the following vote:
AYES: COUHCILMEN King, Blewett, Hamilton, HcCaron and Hayor Gregory
NOES: COUNCILIEN
ABSENT: COUNCILKN
TttLNA L. MUCUS, tity Cleric
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