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.
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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.
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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
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Frank Stites, Mayor
ATTEST:
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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
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