HomeMy WebLinkAboutORD 1788BILL NO. 18
ORDINANCE NO. 1788
AN ORDINANCE TO AMEND TITLE IV OF THE MUNICIPAL CODE OF THE
CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING
THE FOLLOWING WHICH WILL BE DESIGNATED AS CHAPTER 23 OF
SAID TITLE IV REGARDING PRIVATE PATROLMEN: PROVIDING
DEFINITIONS; LICENSES REQUIRED AND EXEMPTIONS; UNIFORMS AND
EMBLEMS; APPLICATION FOR LICENSE; QUALIFICATIONS;
INVESTIGATION; STANDARDS; BOND AND INSURANCE REQUIRED;
LICENSE FEES; LICENSE EXPIRATION: REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, IDAHO:
Section 1. That Title IV of the Municipal Code of the City
of Caldwell, County of Canyon, State of Idaho, shall be amended
by adding the following which shall be designated as Chapter 23
of said Title IV of said City Code:
4 -23 -1: DEFINITIONS: For the purpose of this Ordinance,
the following terms, phrases, words and derivations shall have
the meaning given herein. The word "shall" is always mandatory
and not merely directory.
(A) "APPLICANT ": The person making application for a license or
the renewal of a license for:
1. Private patrolman; or
2. Private patrol service.
(B) "PRIVATE PATROL PERSON DEFINED ". 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
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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."
(C) "PRIVATE PATROLMAN ": Any person employed by the service or
who performs individually the functions of a private patrol
service.
4 -23 -2: LICENSES REQUIRED AND EXEMPTIONS:
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(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 system unless a valid license therefor has been
issued as provided for in this Chapter and which is in full force
and effect.
(B) It shall be unlawful for any person to act or to offer to
act as a private patrolman within the City unless a valid license
therefor has been issued as provided for in this Chapter and
which is in full force and effect.
(C) It shall be unlawful for any private patrol service to
employ or hire the services of a private patrolman until and
unless said private patrolman has been duly licensed as required
by this Chapter.
(D) This Chapter shall not apply to or include regularly
appointed police officers of Caldwell or to any regularly
appointed police officer or law enforcement agent of the United
States and of this State, or any political subdivision thereof.
4 -23 -3: UNIFORMS AND EMBLEMS:
(A) It shall be unlawful for any private patrol service, or for
any private patrolman, to use or authorize the use of the
following:
1. 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 Caldwell City Police
Department.
(B) It shall be unlawful for any private patrol service to use
the word "police" on any vehicle, building, uniform, or article
of wearing apparel.
(C) Every private patrol service and private patrolman, prior to
being licensed under this Chapter, 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 Caldwell City Police Department and approval and
authorization, if any, shall be given in writing by that
Department and shall be attached to the application for license
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required by Section 2 of this Chapter and shall describe the
color, design and shape of the uniform, patches, badges, and /or
emblems, as the case may be.
4 -23 -4: APPLICATION FOR LICENSE: An application for a
license, whether for private patrol service or private patrolman,
shall be made to the Caldwell Police Department.
4 -24 -5: QUALIFICATIONS: No person shall be issued a
license as a private patrolman who:
(A) Is not over eighteen (18) years of age.
(B) Is not a citizen of the United States.
(C) 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 patrolman or
private patrol service.
4 -23 -6: INVESTIGATION: The Police chief shall examine all
applications filed under Section 4 of this Chapter and shall
make, or cause to be made, such further investigation of the
application and the applicant as he shall deem necessary.
4 -23 -7: STANDARDS: The Police Chief shall approve the
issuance of a license provided in Section 4 hereof whenever he
shall find that the applicant has complied with the provisions of
this Chapter and is otherwise qualified.
4 -23 -8: BOND AND INSURANCE REQUIRED: Before any license
shall be issued to any applicant:
(A) The applicant shall be required to give a bond with the
obligee being the City of Caldwell in a sum not to exceed two
thousand five hundred dollars ($2,500.00) for any private
patrolman 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 Chapter and all
other ordinances of the City of Caldwell and the Statutes of the
State of Idaho.
(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
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insurance shall be $100,000 per person, $300,000 per accident,
and $100,000 property damage per accident.
4 -23 -9: LICENSE FEES: The Caldwell Police Department shall
collect before the issuance of a license:
(A) Annual:
1. Private patrol service: $25.00
2. Private patrolman: 20.00
(B) Renewal:
1. Private patrol service: $ 7.50
2. Private patrolman: 5.00
4- 23 -10: LICENSE; EXPIRATION: All licenses issued under
the provisions of this Chapter shall expire December 31 each
year. Any person holding a license under the provisions of this
Chapter may renew such license for the following or succeeding
year by payment, on or before December 31 to the Clerk of the
City of Caldwell. Fees obtained from these licenses will be
placed in a dedicated fund, 10% of which will be used to provide
publications, etc. on guidelines for private security operations
in the City of Caldwell and the remainder will be used in funding
crime prevention programs.
Section 2. That all ordinances or parts of ordinances
inconsistent herewith are hereby repealed.
Section 3. This ordinance shall be in full force and effect
from and after its passage, approval and publication according to
law.
PASSED BY THE CITY COUNCIL of the City of Caldwell this
19th day of September, 1988.
APPROVED BY THE MAYOR of the City of Caldwell this 19th
day of GPptember , 1988•
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ATTEST;
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City Clerk