HomeMy WebLinkAboutOrdinance-1987-0713INTRODUCED BY COUNCILMEMBER West
Ordinance No. 713
Series of 1987
TITLE: AN ORDINANCE REPEALING AND REENACTING CHAPTER 9A GUARD
SERVICE AND SECURITY AGENCIES, OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Chapter 9A, Guard Service and Security Agencies,
of the Code of Laws of the City of Wheat Ridge is hereby repealed
and reenacted as follows:
Chapter 9A. Guard Service and Security Agencies.
Sec. 9A-1. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
Merchant guard or merchant
"merchant patrol" shall mean an
organization who conducts or is
providing protection to persons
the peace in the conduct of any
industrial guard.
patrol: "Merchant guard" or
y person, corporation, or
engaged in the business of
and/or property, or preserving
business, except a business or
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.
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 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.
Chief of police: The term "chief of police" shall refer
to and mean the chief of police of the city.
Sec. 9A-2. Identification cards, badges, uniforms and
equipment.
(a) Identification cards. Each business or industrial
guard, agent and employee, shall carry an identification card,
approximately two and one-half inches by four inches, which shall
include the following:
(1) Name, address, physical description, and picture
of the business or industrial guard, agent and employee.
(2) The name of the employer of the business or
industrial guard or the agent or employee of a merchant guard or
merchant patrol.
(3) The signature of the business or industrial guard,
agent and employee.
(4) A designation as to whether or not the person
identified is authorized to carry a firearm.
(b) The chief of police is hereby authorized to approve
the use of badges and insignia provided agents or employees by
the merchant guard or merchant patrol, or to business or
industrial guards by an employer, where such badge and insignia
are not a colorable imitation of, or cannot be confused with, the
badge worn by officers of the Wheat Ridge police department.
(c) Uniforms, if any, worn by business or industrial guards
and agents or employees of merchant guards or merchant patrols,
while employed within the city, shall be approved by the chief of
police. No accessory or part of such uniform shall be such that
the accessory or uniform part can be confused with the uniform of
the Wheat Ridge police department.
(d) The vehicles used in the conduct of the merchant guard
or merchant patrol business within the city by any licensee shall
not exhibit colorings, markings, or equipment so similar to
marked patrol vehicles of the city such as might be confused with
such police vehicles. In addition, such merchant guard or
merchant patrol vehicles shall not be equipped with any lights or
sirens in violation of the Traffic Code of the city or the laws
of the state, nor shall any insignias be painted on the sides
thereof which are similar to, or which could be confused with,
those painted on the sides of the vehicles of such police
department.
(e) The words "police" or "officer" shall not be used in
any advertising or upon the premises, within the limits of the
city, occupied by the merchant guard or merchant patrol, nor on
any of its vehicles, equipment, or wearing apparel.
Sec. 9A-3. Exhibition of identification cards.
Each business or industrial guard, and each agent and
employee is required to exhibit the identification card described
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in Section 9A-2 to any police officer of the city upon demand,
and refusal to do so shall constitute a violation of this
ordinance.
Sec. 9A-4. Change in personnel.
(a) Any merchant guard or merchant patrol changing place of
business, or any business or industrial guard, or agent and
employee changing place of abode shall immediately notify the
chief of police of such fact, together with the address of the
new place of business or abode.
(b) Whenever a new vehicle is acquired by a merchant guard
or merchant patrol for use in the conduct of his business, the
type and description of such vehicle shall be immediately
reported to the chief of police.
Sec. 9A-5. Unlawful acts.
In addition to the other acts prohibited by this ordinance,
it shall be unlawful:
(a) For any business or industrial guard, agent or employee
to fail to turn over any person arrested by such merchant guard
or merchant patrol pursuant to the laws of the state immediately
to the Wheat Ridge police department or other public law
enforcement agency. Nothing contained herein shall be construed
as authorizing any business or industrial guard, agent or
employee to make an arrest of any person in violation of the laws
of the state.
(b) For any business or industrial guard, agent or
employee who fires a firearm within the city to fail to promptly
report such to the Wheat Ridge police department.
(c) For any business or industrial guard, agent or
employee to knowingly hinder or interfere with any investigation
under the jurisdiction of the Wheat Ridge police department.
(d) For any business or industrial guard, agent or
employee 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 business or industrial guard, agent or
employee 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 business or industrial guard, agent or
employee under this ordinance, to represent himself to be an
officer of the Wheat Ridge police department.
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(g) For any business or industrial guard, agent or employee
to fail to conduct himself in a lawful manner at all times.
(h) For any business or industrial guard, agent or employee
to carry firearms without designation on his identification card
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 business or industrial guard, agent
or employee to surrender identification card and badge after
discharge.
Sec. 9A-6. 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 in relation to the merchant guard or merchant
patrol business. Such rules may pertain, by way of example, to
the duties of merchant guards or merchant patrols, business or
industrial guard, agent or employee, 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.
Sec. 9A-7. Penalty.
Any person who violates any provision of this chapter shall
be guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine not exceeding nine hundred ninety-nine dollars
($999.00), or by imprisonment for a period not exceeding ninety
(90) days; provided, however, that no person under the age of
eighteen (18) years shall be subjected to imprisonment for
violation of any provision of this Code of Laws. Every day of
such violation shall constitute a separate offense.
Section 2. 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 3. 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 4. This ordinance shall become effective 15
day(s) after final publication.
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INTRODUCED, READ, AND ADOPTED on first
7 to 0 on this 26th day of Januar
ordered published in full in a newspaper of
in the City of Wheat Ridge and Public Heari
on final passage set for F-eh ar 9
7:30 o'clock p.m., in the Council Chambers,
Avenue, Wheat Ridge, Colorado.
reading by a vote of
v , 1987,
general circulation
ng and consideration
1987, at
7500 West 29th
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 8 to 0 this 9th day of February
, 1987.
1987.
Frank Stites, Mayor
ATTEST:
i
Wanda Sang, City Clerk
1st Publication: 1/29/87
2nd Publication: 2/12/87
Wheat Ridge Sentinel:
Effective Date: 2/27/87
SIGNED by the Mayor on this 10th day of February ,
APPROVED AS TO FORM BY
OFFICE C Y ATTOR Y:
Jo Hayes
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