Loading...
HomeMy WebLinkAboutOrdinance-1977-0237 - Repeal WR Ord 227 - Business Guards or PatrolsINTRODUCED BY COUNCILPERSON DONALDSON ORDINANCE NO. 237 SERIES OF 1977 TITLE: AN ORDINANCE REPEALING ORDINANCE NO. 227, SERIES OF 1977 BY AN ORDINANCE REGULATING MERCHANT, BUSINESS OR INDUSTRIAL GUARDS, OR PATROLS OPERATING WITHIN THE CITY OF WHEAT RIDGE, COLORADO, PROVIDING A PENALTY FOR VIOLATIONS THEREOF. Be it ordained by the City Council of the City of Wheat Ridge, Colorado that: SECTION 1. DEFINITIONS. The following words and phrases when used in this ordinance shall have the meanings, unless the context clearly indicates a different meaning, respectively ascribed to them as follows: (a) MERCHANT GUARD OR MERCHANT PATROL. "Merchant guard" or "Merchant patrol" shall mean any person, corporation, or organization who conducts or is engaged in the business of providing protection to persons and/or property, or preserving the peace in the conduct of any business, except a business or industrial guard. (b) BUSINESS OR INDUSTRIAL GUARD. "Business or industrial guard" shall mean an individual who accepts employment from a single employer for the purpose of watching, guarding, or otherwise protecting the persons and/or property of the employer only, or to preserve the peace in the conduct of that employer's business, except any individual so employed by any common carrier engaged in interstate commerce, but shall exclude maintenance men and installers, janitors, repairmen, or persons engaged in similar occupations. (c) AGENTS AND EMPLOYEES. "Agents and employees" shall mean all persons employed by a merchant guard or merchant patrol, in the conduct of his business, except stenographic and clerical employees whose duties are confined entirely to to stenographic and clerical duties in the business office of the merchant guard or merchant patrol or other employees not directly engaged in providing protection and preserving the peace. (d) CHIEF OF POLICE. The term "Chief of Police" shall refer to and mean Chief of Police of the City of Wheat Ridge. SECTION 2. LICENSE REQUIRED. (a) It shall be unlawful for any person, corporation, or organization to engage in or conduct a merchant guard or merchant patrol business within the City of Wheat Ridge or to act as a business or industrial guard without obtaining a license as hereinafter provided. (b) It shall be unlawful for any merchant guard or merchant patrol to employ any agent or employee to work within the City of Wheat Ridge unless the person to be employed has obtained a license as hercinafter provided. -1- ORDINANCE NO. 37 (c) It shall be unlawful for any person to perform duties as a business or industrial guard or merchant patrol operating within the City of Wheat Ridge without obtaining a license as hereinafter provided. (d) Commissioned Police Officers of the City of Wheat Ridge are exempt from the licensing requirements while working under authority of an off duty job permit authorized by the Chief of Police or his subordinate. SECTION 3. LICENSE APPLICATION. (a) 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 City Clerk on forms to be provided him for that purpose and shall contain the following: (b) In addition to the requirements of (d) - (h) 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. (c) In addition to the requirements of (d) - (h) 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 City Clerk 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. (d) A statement as to whether or not the applicant has been convicted of any felony, misdemeanor, or ordinance violation (other than traffic violations), the nature of the offense, the penalty or punishment imposed, and the date and place where such offense occurred; or if a corporation or partnership, then if any officer, director, or partner has been convicted of any felony, misdemeanor, or ordinance violation, other than traffic violations. (e) A statement as to whether or not the applicant has ever had a judgement or conviction of fraud, deceit, or misrepresentation entered against him, and if so, the details thereof; or if a corporation or partnership, then if any officer director, or partner has ever had a judgement or conviction of fraud, deceit or misrepresentation entered against him. -2- ORDINANCE NO. 237 (f) A statement as to the business or employment record of the applicant for the then years immediately preceding the date of application. (g) Three letters certifying to the good character and business responsibility of the applicant. (h) A certificate of a licensed physician reciting that the applicant has been examined by him within sixty (60) days preceding the application date, and was found to be free of any defects which would affect his ability to satisfact- orily perform the duties required by the employer. This sub-section shall apply only to business and industrial guards and agents and employees as defined in this ordinance. SECTION 4. INVESTIGATION OF APPLICANT. (a) Upon receipt of each application, it shall be referred to the Chief of Police, who 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 (5) working days after it has been filed by the applicant with the City Clerk. (b) If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, as provided in Section 7, the Chief of Police shall endorse on such application his disapproval and his reasons for the same, and return the said application to the City Clerk, who 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 respon- sibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval and return the application to the City Clerk. SECTION 5. APPLICATION FEE. All applications for licenses shall be accompanied by an application fee of $10.00. SECTION 6. LICENSE FEES. The annual license fee for persons, corporations, or organizations engaged in the merchant guard or merchant patrol business, business or industrial guards, and agents and employees of merchant guard or merchant patrols shall be as follows: (a) Business or industrial guards and agents and employees of merchant guards or merchant patrols working within the City . . . . . . . . . . . . . . . . . $10.00 per year. -3- ORDINANCE NO. 237 (b) Merchant guards or merchant patrols employing fewer than six (6) agents or employees working within the City . . . . . . . . . . . . . . . . . . . . $25.00 per year. (c) Merchant guards or merchant patrols which employ six (6) to nine (9) agents or employees working within the City . . . . . . . . . . . . . . . . .$50.00 per year. (d) Merchant guards or merchant patrols which employ ten (10) to nineteen (19) agents or employees working within the City . . . . . . . . . . . . . . $75.00 per year. (e) Merchant guards or merchant patrols which employ twenty (20) or more agents or employees working within the City . . . . . . . . . . . . . . . . $100.00 per year. (f) No application fee shall be required on application for renewal of an existing license. Any change of ownership of a merchant guard or merchant patrol shall require a new application and license, with payment of fee therefor. (g) In addition to the annual license provided hereinbefore, the City Clerk 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 3 and sub-sections thereof, upon approval of the Chief of Police. (h) All annual licenses issued under the provisions of this ordinance shall expire at midnight, 12 months from the date of issuance, and such expiration date shall be designated on the license by the City Clerk. SECTION 7. WHEN A LICENSE SHALL BE ISSUED. A license shall be issued to applicants satisfying all of the following requirements: (a) Applicant is twenty-one (21) years of age or older and is a citizen of the United States of America, or is a corporation or partnership organized or authorized to conduct business in the State of Colorado. (b) Applicant has not been convicted of a felony, misdemeanor, or violation of a municipal ordinance pertaining to moral turpitude within ten (10) years immediately preceding the date of application. (c) Applicant, or if a corporation or partnership, then any officer, director, or partner, has not been convicted for fraud, deceit, or misrepresentation within the ten (10) years immediately preceding the date of application, or is presently under any legal proceedings at the time of application. (d) Applicant, or if a corporation or partnership, then any officer, director, or partner, does not have a record of conviction of drug addiction or a record of -4- ORDINANCE NO. -7 conviction of the commission of violent acts against persons or property. (e) Applicant, other than merchant guard or merchant patrol, has presented sufficient evidence to the City Clerk 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. (f) Applicant has presented sufficient medical evidence that his mental and physical condition are such so as to warrant confidence that the service rendered will not jeopardize the health, safety, or welfare of any person. (g) Persons licensed as merchant guards or merchant patrols shall furnish good and sufficient bonds in the sum of five thousand dollars ($5,000.00) conditioned on the faithful observance of this ordinance and conditioned on the faithful performance and honest conduct of the merchant guard or merchant patrol business. Such bond shall be payable to the City of Wheat Ridge and to the person, firm or corporation who may have employed such licensee and been injured by any willful, wanton or dishonest act of said licensee or any agent or any of its employees. Such bond shall be further conditioned upon the payment of all wages and salaries due to all agents or employees of the merchant guard or merchant patrol and shall be directly payable to the said employees in the event of default of payment. SECTION 8. IDENTIFICATION CARDS, BADGES, UNIFORMS, AND EQUIPMENT. (a) Identification Cards. In addition to the license, the Chief of Police shall issue to each licensee an identification card, approximately two and one-half inches by four inches, which shall include the following: (b) The type of license and expiration date thereof. (c) Name, address, physical description, and picture of the licensee. (d) The name of the employer if the licensee is a business or industrial guard or the agent or employee of a merchant guard or merchant patrol. (e) The signature of the licensee, the City Clerk and the Chief of Police. (f) A designation as to whether or not the licensee is authorized to carry a firearm. (g) The Chief of Police, in addition to the identification card hereinabove provided, may issue a uniform type badge to be Police is hereby authorized to approve the use or employees by the merchant guard or merchant guards by an employer, where such badge and in of, or cannot be confused with, the badge worn Department. designed by him, but the Chief of of badges and insignia provided agents patrol, or to business or industrial 3ignia are not a colorable imitation by officers of the Wheat Ridge Police -5- ORDINANCE NO. n7 (h) Uniforms, if any, worn by business or industrial guards and agents or employees of merchant guards or merchant patrols, while employed within the City of Wheat Ridge, shall be approved by the Chief of Police. No accessory or part of said uniform shall be such that said accessory or uniform part can be con- fused with the uniform of the Wheat Ridge Police Department. (i) The vehicles used in the conduct of the merchant guard or merchant patrol business within the City of Wheat Ridge by any licensee shall not exhibit colorings, markings, or equipment so similar to marked patrol vehicles of the City of Wheat Ridge such as might be confused with said police vehicles. In addition, said merchant guard or merchant patrol vehicles shall not be equipped with any lights or sirens in violation of the Traffic Code of the City of Wheat Ridge or the Laws of the State of Colorado, nor shall any insignias be painted on the sides thereof which are similar to, or which could be confused with, that painted on the sides of the vehicles of such Police Department. (j) The words "police" or 11officer" shall not be used in any advertising or upon the premises, within the limits of the City of Wheat Ridge, occupied by the merchant guard or merchant patrol, nor on any of its vehicles, equipment, or wearing apparel. SECTION 9. EXHIBITION OF LICENSE AND IDENTIFICATION CARDS. Licensees are required to exhibit their certificates of license and identification card to any police officer of the City of Wheat Ridge upon demand, and refusal to do so shall constitute a violation of this ordinance. SECTION 10. FIREARMS. Licensees who desire to carry firearms in the performance of their duties within the City of Wheat Ridge shall present sufficient evidence of the necessity to utilize firearms and proficiency in the care, maintenance, and use of firearms to the City Clerk. Such evidence shall be submitted to the Chief of Police for investigation, who shall recommend that the licensee be authorized 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 recommend that the licensee be authorized 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) Upon the affirmative recommendation of the Chief of Police, the City Clerk 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 in letters at least 1/4 inch in height. (b) Upon the negative recommendation of the Chief of Police, the City Clerk -6- ORDINANCE NO. 737 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. (c) All licensees who are authorized to carry a firearm shall submit the make, model, calibre and type of weapon, and the serial number of the weapon carried to the Chief of Police without delay. (d) The authority to carry firearms will be extended only while the licensee is performing the required duties of his employment and while enroute to and from his place of business. (e) Nothing in this section is to be so interpreted as to allow the carrying of a concealed weapon in violation of Ordinance #209, Series of 1976 of the City of Wheat Ridge or in violation of any law of the State of Colorado. SECTION 11. CHANGE IN PERSONNEL. (a) Whenever a business or industrial guard or agent or employee of a merchant guard or merchant patrol is discharged for any reason, his employer shall immediately notify the Chief of Police of such fact, together with the reasons for the dismissal. (b) When a business or industrial guard or agent or employee of a merchant guard or merchant patrol is dismissed, he shall forthwith surrender the identification card and any badge issued him to the Chief of Police. In the event the person surrendering a set of identification card and badge is reemployed during the remainder of the year, the identification card and badge may be reissued to him without charge. (c) Any licensee changing place of business or abode shall immediately notify the Chief of Police of such fact, together with the address of the new place of business or abode; provided, however, that in the event the licensee changes his place of business or abode, this shall not be deemed a transfer of license, or require the payment of any additional fees. (d) Whenever a new vehicle is acquired by a licensee for use in the conduct of his business, the type and description of said vehicle shall be immediately reported to the Chief of Police. SECTION 12. UNLAWFUL ACTS. In addition to the other acts prohibited by this ordinance, it shall be unlawful: (a) For any licensee to fail to turn over any person arrested by such licensee pursuant to the laws of the State of Colorado immediately to the Wheat Ridge Police Department or other public law enforcement agency. Nothing contained herein shall be construed as authorizing any licensee to make an arrest of any person in violation of the laws of the State of Colorado. -7- ORDINANCE NO. 237 (b) For any licensee, under Section 7 of this ordinance, who fires a firearm within the City of Wheat Ridge to fail to promptly report such incident to the Wheat Ridge Police Department. (c) For any licensee, under Section 7 of this ordinance, to knowingly hinder or interfere with any investigation under the jurisdiction of the Wheat Ridge Police Department. (d) For any licensee to fail to report immediately to the Wheat Ridge Police Department or other public law enforcement agency all violations of state or federal laws which constitute felonies, or breach of the peace, coming to his attention. (e) For any licensee to wear a uniform, badge, or insignia other than that authorized by this ordinance or by the Chief of Police while engaged in his course of employment. (f) For any licensee under this ordinance, to represent himself to be an officer of the Wheat Ridge Police Department. (g) For any licensee to fail to conduct himself in a lawful manner at all times. (h) For any applicant, under Section 7 of this ordinance, to knowingly misrepresent any fact in connection with obtaining a license under Sections 3 and 16 of this ordinance. (i) For any licensee to carry firearms without designation on license while in the performance of duties as a business or industrial guard or agent or employee as defined in this ordinance. (j) For failure of any licensee to surrender identification card and badge after discharge. SECTION 13. REVOCATION OF LICENSE. The Chief of Police shall have the power to suspend or revoke any license granted under this ordinance for violation of any federal or state statute, City Ordinance (except traffic violations), or any of the provisions of this ordinance, or for any act committed by a licensee which is detrimental to the health, welfare, and safety of the public. SECTION 14. RULES AND REGULATIONS. The Chief of Police may issue and promulgate from time to time rules and regulations to provide for the health, safety, and welfare of the City of Wheat Ridge in relation to the merchant guard or merchant patrol business. Such rules may pertain by way of example to the duties of licensees, manner of conduct of merchant guard or merchant patrol businesses, merchant guards or merchant patrols and business or industrial guards, and reports to be furnished to the Chief of Police. -8- ORDINANCE NO. 237 SECTION 15. PENALTY. Any person who violates any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding Three Hundred Dollars ($300.00), or by imprisonment for a period not exceeding ninety (90) days. Every day of such violation shall constitute a separate offense. SECTION 16. APPEAL PROCEDURE. Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial or revocation of a permit or license, as provided in this ordinance, 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 gounds 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. SECTION 17. REAPPLICATION FOR LICENSE. No further application of any person whose license has been revoked shall be accepted by the City Clerk until at least one (1) year has elapsed since the last previous revocation. SECTION 18. SEVERABILITY. In the event that any portion of this ordinance may be found to be illegal by any court of competent jurisdiction, such determination shall not affect the remaining portions which are adopted as if each portion thereof were a separate ordinance. SECTION 19. SAFETY CLAUSE. This ordinance is hereby ordained as being necessary to the health, welfare and safety of the citizens of the City of Wheat Ridge. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED ON FIRST READING by a vote of 4 to 2 this 13th day of June 1977 READ, ADOPTED AND ORDERED PUBLISHED ON SECOND AND FINAL READING by a vote of 4 to 2 , this 27th day of June 1977. Frank Stites, Mayor ATTEST: i Carol Hampf, City Cle - 9-