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HomeMy WebLinkAboutOrdinance-1986-0701INTRODUCED BY COUNCILMEMBER JOHNSON Ordinance No. Series of 1986} TITLE: AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 9A GUARD SERVICE AND SECURITY AGENCIES OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, BY REPEALING AND REENACTING VARIOUS SECTIONS THEREOF THEREBY TRANSFERRING ALL LICENSING AND INVESTIGATIVE FUNCTIONS FROM THE CITY CLERK TO THE CHIEF OF POLICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 9A-3 of the Code of Laws of the City of Wheat Ridge is hereby amended by repealing and reenacting Sections 9A-3(a) and 9A-3(b) as follows: Sec. 9A-3. Application for license. Applicants for a license as a merchant guard or merchant patrol, business or industrial guard, or=agent or employee of a merchant guard or merchant patrol, shall file an application with the Chief of Police on forms to be provided him for that purpose and shall contain the following: (a) In addition to the requirements of (c) to (g) herein, if an applicant for a license as a merchant guard or merchant patrol: A description of the nature and type of business to be conducted, the services to be offered, and the area expected to be covered in the conduct of the business; a statement as to the number of persons to be employed as agents or employees; a statement as to the number of vehicles to be used in the conduct of the business and a description thereof; a description of the equipment, but not including equipment used in the maintenance of the office, other than vehicles to be used in the conduct of the business. (b) In addition to the requirements of (c) to (g) herein, if an applicant for a license as an agent or an employee of a merchant guard or merchant patrol, or as a business or industrial guard: The name of the person by whom the applicant is to be employed; the address where the applicant is to be employed; the nature of the services to be rendered, and the purpose of the employment. In addition, the Chief of Police shall require evidence that the applicant will be employed by a merchant guard or merchant patrol, or other employer in the event the application is approved. Section 2. The City of Wheat Ridge is hereby amended by repealing and reenacting Section 9A-4 as follows: Sec. 9A-4. Investigation of applicant. (a) Upon receipt of each application, the Chief of Police shall immediately institute such investigation of the applicant's business and moral character as he deems necessary for the protection of the public good and shall endorse or deny the application within five working days after it has been filed by the applicant with the Chief of Police. (b) If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, as provided in section 9A-7, the Chief of Police shall disapprove such application and state his reasons for the same and shall notify the applicant that his application is disapproved and that no license shall be issued. (c) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall issue a license to the applicant. Section 3. The Code of Laws of the City of Wheat Ridge is hereby amended by repealing and reenacting Section 9A-6(g) as follows: Sec. 9A-6. License fees. (g) In addition to the annual license provided hereinabove, the Chief of Police may issue a temporary license for a period not to exceed thirty (30) days to any business or industrial guards, agents, and employees of merchant guards or merchant patrols, upon the submission of a satisfactory application, as provided in Section 9A-3, and subsections thereof. Section 4. The Code of Laws of the City of Wheat Ridge is hereby amended by repealing and reenacting Section 9A-7(e) thereof as follows: Sec. 9A-7. Qualifications of applicant for license. (e) Applicant, other than merchant guard or merchant patrol, has presented sufficient evidence to the Chief of Police that the applicant is, or will be, employed as a business or industrial guard within the city or as an agent or employee of a merchant guard or merchant patrol operating within the city upon issuance of the license. 2 3 Section 5. The Code of Laws of the City of Wheat Ridge is hereby amended by repealing and reenacting Section 9A-10(a) as follows: Sec. 9A-10. Firearms. Licensees who desire to carry firearms in the performance of their duties within the city shall present sufficient evidence of the necessity to utilize firearms and proficiency in the care, maintenance, and use of firearms to the Chief of Police, who shall authorize the licensee to carry a firearm if such evidence sufficiently exhibits a clear and present danger to the licensee, and the licensee has exhibited proficiency in the care, maintenance, and use of such firearm. The Chief of Police shall not authorize the licensee to carry a firearm if the evidence presented indicates a failure on the part of the licensee to meet either of the above requirements. (a) When a person is authorized to carry a firearm, the Chief of Police shall designate on the license and the face of the identification card that the licensee is authorized to carry a firearm. Such designation shall be in red ink and letters at least one-quarter (1) inch in height. Section 6. The Code of Laws of the City of Wheat Ridge is hereby amended by repealing and reenacting Section 9A-10(b) as follows: (b) If the Chief of Police determines that authorization to carry a firearm shall not be granted, the Chief of Police shall notify the licensee that he is not authorized to carry a firearm and shall so designate on the license and the face of the identification card. Section 7. The Code of Laws of the City of Wheat Ridge is hereby amended by repealing and reenacting Section 9A-16 thereof as follows: Sec. 9A-16. Appeal procedure. Any person aggrieved by the action of the Chief of Police in the denial or revocation of a permit or license, as provided in this chapter, may appeal to the city council. Such appeal shall be taken by filing with the city council, within fourteen (14) days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant. 3 Section 8. The Code of Laws of the City of Wheat Ridge is hereby amended by repealing and reenacting Section 9A-17 thereof as follows: Sec. 9A-17. Reapplication for license. No further application of any person whose license has been revoked shall be accepted by the Chief of Police until at least one (1) year has elapsed since the last previous revocation. (Ord. No. 237, §17) Section 9. Except as specifically amended herein, the provisions of Chapter 9A of the Code of Laws shall remain in full force and effect. In the event of any inconsistency between the provisions of the amendments and reenactments set forth herein and the remaining sections which are not so amended, the amended or reenacted provisions specified herein shall prevail. Section 10. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 11. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 12. This ordinance shall become effective 1 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of November , 1986, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for December 8 , 1986, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this Rf-h day of nec;iQmhe_ 1986. 1986. SIGNED by the Mayor on this 9th day of December 4 Frank Stites, Mayor ATTEST: i Wanda Sang, City Cl, lst Publication: 11/27/86 2nd Publication: 12/11/86 Wheat Ridge Sentinel: Effective Date: 12/12/86 APPROVED TO ORM BY OFFICE 1- O EY: Jo7 E. Hayes 5