HomeMy WebLinkAboutORD 3530ORDINANCE NO.3530
BILL NO.36
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 6, ARTICLE 21, SECTION 06-21-15, PERTAINING TO THE REMOVAL OF
A PRIVATE PATROLMAN; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING
FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State
of Idaho:
Section 1. That Chapter 6, Article 21 of the Caldwell City Code is hereby repealed and
replaced with the following:
ARTICLE 21
PRIVATE PATROLMWN SERVICE
06-21-01: DEFINITIONS:
For the purpose of this Article, the following terms, 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 patrol service.
PRIVATE PATROL SERVICE: A firm, partnership, corporation, sole proprietorship,
association or company that purports to furnish or does furnish for a consideration or otherwise
any watchman or guard, either 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 and frequented by the general public.
This Code provision does not include employees of a business or other entity that are hired by said
business or entity to watch their property alone.
Ord. 3530 — Page 1
06-21-05: UNIFORMS AND EMBLEMS:
(1) It shall be unlawful for any private patrol service, ^- f - any private p t,.^ima , to use or
authorize the use of the following: any uniform, clothing, uniform emblems or shoulder patches
having a color, design and/or shape that appear to be similar to those used by the City Police
Department.
(2) It shall be unlawful for any private patrol service to use the word "police" on any vehicle,
building, uniform, or article of wearing apparel.
(3) Every private patrol service and private patrelman, prior to being licensed under this article,
shall obtain approval and authorization of any color, 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 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 section 06-21-03 of this article and shall describe the color, design and shape of the
uniform, patches, badges, and/or emblems, as the case may be.
06-21-07: APPLICATION FOR LICENSE:
An application for a license, whet er- f r private ,.,.t..^l r aof: _ "+e ,..,,t..^l.,,a , shall be made
to the peliee depai4fnent city clerk. At the time of filing an applieatien, the applieant shall pay to
If
the application is approved by the police department pursuant to the provisions of this article, 4
shall be fefwwded to. the license shall be issued by the city clerk.
06-21-09: QUALIFICATIONS:
No person shall be issued a license as a private patrolfneAi service who:
(1) Is not over eighteen (1 S) years of age.
(2) Is not a citizen of the United States.
(3) Has been convicted of any felony or a misdemeanor involving moral turpitude within three
(3) years prior to the date of making application for a license as a private
patrol service.
06-21-15: BOND AND INSURANCE REQUIRED:
Before any license shall be issued to any applicant:
The applicant shall be required to give a bond with the obligee being the city in a sum not to exceed
twe thousand five hundred dellar-s{ ,500 nm F r n private p trelm n and ten thousand dollars
($10,000.00) for each private patrol service, conditioned upon the fact that the applicant shall
comply fully with the provisions of this article and all other ordinances of the city and the statutes
of the state of Idaho.
06-21-17: LICENSE FEES:
Ord. 3530 -- Page 2
The applicant shall pay a license fee, as set forth below, to the city clerk prior to issuance of a
license-
(1) Annual:
A. Private patrol service: A fee in an amount set by resolution of city council.
(2) Renewal:
A. Private patrol service: A fee in an amount set by resolution of city council.
Section 2. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 3. This ordinance is hereby declared to be severable. If any portion of this
ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect and shall be read to carry out the purposes of the ordinance before
the declaration of partial invalidity.
Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are
repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 511 day of
September, 2023.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 51h day of
September, 2023.
CA'L ATTEST:
JAN 13
1890
Mayor Jarom W � City Clerk (or Deputy)
Y)
Ord. 3530 — Page 3
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3530
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 6,
ARTICLE 21, SECTION 06-21-15, PERTAINING TO THE REMOVAL OF PRIVATE
PATROLMEN; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY;
AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN
CONFLICT HEREWITH.
Section 1: Amends Caldwell City Code Chapter 6, Article 21, section 06-21-15, by providing for the
removal of a bond requirement for individual private patrolmen.
Sections 2 through 4: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law; provides for severability; repeals conflicting ordinances,
resolutions, and orders.
Ordinance No. 3530 provides an effective date, which shall be on the 12`h day of September, 2023.
Ordinance No. 3530 was passed by the Council and approved by the Mayor on the 5" day of September,
2023. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho
83605. The Mayor and City Council approved the foregoing summary on the 5" day of September, 2023,
for publication on the 12" day of September, 2023, pursuant to Idaho Code § 50-901 A.
Mayor Jarom Wagoner
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and I v
that it provides a true and complete mmary o
Ordinance No. 3530 and provides adequate noti to
the public as to the contents of such ordinance
DATED this 5'h day of September, 2023,
Mark Hilty, Attorney for City of Caldwell