HomeMy WebLinkAbout05029 AS AMENDED--FEBRUARY 14, 1983
ORDINANCE NO. 5029
AN ORDINANCE AMENDING CHAPTER 12 OF TITLE IX
OF THE 1971 CODE OF ORDINANCES RELATING TO
MERCHANT PATROLMAN AND SECURITY GUARD SERVICES
AND PROVIDING PENALTIES FOR VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
(Brackets indicate material being deleted; underscoring
indicates material being added. )
SECTION 1.
Chapter 12 of Title IX of the 1971 Code of Ordinances of
the City of Pueblo is hereby amended to read as follows :
"9-12-1 : DEFINITIONS
As used in [sections 9-12-1 thru 9-12-13 inclusive]
this Chapter, the following words shall have the meanings
[given in this section] as provided herein:
(a) Merchant Patrol [Operator] or Security Guard
Service shall mean any person, partnership or corporation
which [who] conducts or is engaged in the business of
guarding or keeping a surveillance upon business, industrial
or similar premises [during the time that said premises are
not open for business or are not occupied] or providing
protection to persons and property, by maintaining or
providing on or near any premises one or more security
guards. [ , for the purpose of ascertaining that said
premises are safe and secure, that lights are turned out,
doors are locked, windows are intact and, generally, to
determine whether any suspicious circumstances exist which
would indicate unlawful trespassing or other illegal
interference with said premises. The term shall not
include any person duly licensed by the State of Colorado
as a detective agency. ]
(b) [Individual Merchant Patrolman (IMP) ] Security
Guard shall mean any natural [individual] person employed
by a licensed [MPO] merchant patrol or security guard
service for the purpose of watching, guarding or otherwise
protecting the persons or property on any premises not his
own. [except stenographic and clerical employees] The term
shall include but is not limited to uniformed guards and
"bouncers" performing services as an employee of a licensed
merchant patrol or security guard service in premises
licensed under Articles 46 and 47 of Title 12 , C .R.S. 1973,
but shall not include individuals employed by any common
carrier engaged in interstate commerce, industrial or
commercial guards employed directly by the owner of an
industrial or commercial premises , or peace officers
acting within the scope of their employment.
(c) License Officer shall mean the Director of Finance.
9-12-2 : LICENSES REQUIRED
It shall be unlawful and a Class 1 Municipal Offense
for any person to engage in business within the City as a
Merchant Patrol [Operator] or Security Guard Service or to
serve or be employed as a security guard without first having
obtained a license [so] to do so.
9-12-3 : APPLICATION FOR LICENSE
Application for either a merchant patrol [operator] or
security guard service license or security guard license
shall be submitted on forms provided by the City and shall
contain the following information:
(a) for merchant patrol or security guard service
license:
[ (a) ] (1) The full name , age, residence, present
occupation and occupations for the preceding five years
of each individual applicant, of each partner if a
partnership and of the managing officer and each
stockholder of 10% or more stock if a corporation.
Such application shall show available facts relating
to the character, competency and integrity of the
applicant and shall list any [previous police record. ]
felony, misdemeanor or ordinance violations (other than
minor traffic violations) , the nature of the offense,
-2-
the penalty imposed and the date and place where such
offense occurred.
[ (b) ] (2) Each application shall be accompanied
by written statements from at least [five] two reputable
citizens of the City of Pueblo, each of whom shall certify
that he has personally known the applicant for a period
of at least two years immediately prior to the filing
of the application and that he believes the applicant
or the managing officer thereof, if a corporation, is
competent, honest and of good character and that he
would recommend that the applicant is suitable to
engage in the business [of MPO] .
(b) for security guard license:
(1) the full name, date of birth, residence,
present occupation and occupations for the preceding
five years of the applicant, the name and address of
the merchant patrol or security guard service by whom
he is to be employed.
(2) a list of all felony, misdemeanor or ordinance
violations (other than minor traffic violations) , the
nature of the offense, the penalty imposed and the date
and place where such offense occurred.
(3) a written statement from at least two residents
of the City who have personally known the applicant for
at least 2 years and attesting to the applicant' s good
character, integrity and suitability as a security guard.
(4) two recent wallet-sized color photographs of
himself.
(5) a full set of fingerprints.
9-12-4 : ISSUANCE OR DENIAL OF LICENSES [Prohibition of
Transfer; Expiration]
[If the Chief of Police shall find after investigation
that the requirements set forth in Sections 9-12-1 thru
9-12-6 have been met and that the character, competency and
-3-
integrity of the applicant are such as to command the con-
fidence of the public and to warrant belief that the business
will be operated lawfully and honestly, the License Officer
shall thereupon issue and deliver to the applicant an MPO
license. Such license shall not be transferable, and
shall expire on December 31 of the year in which issued. ]
(a) Upon submission of a completed application to
the License Officer, the License Officer shall cause same
to be transmitted to the Chief of Police or his designee
for investigation of the accuracy of the application and
the character, integrity and competency of the applicant.
Thereafter, the Chief of Police shall report his findings
and recommendations to the License Officer, who shall either
grant or deny the application.
(b) The License Officer may deny an application for
any of the following reasons :
(1) the applicant is under the age of 18 years
or not a citizen of the United States;
(2) the character and reputation and past conduct
of the applicant is unsatisfactory;
(3) the applicant has been convicted of a felony,
or a misdemeanor or ordinance violation involving moral
turpitude, within 10 years immediately preceding the
date of application;
(4) the applicant has had a civil judgment entered
against him for fraud, deceit or misrepresentation
within ten years immediately preceding the date of
application.
(5) the applicant is addicted to drugs or is
habitually intoxicated.
(6) an applicant for a security guard license has
not satisfactorily indicated he will be employed by a
licensed merchant patrol or security guard service.
(c) Upon approval of an application, payment of license
fees as provided in this Chapter, and posting of a sufficient
-4-
and proper bond as provided in this Chapter, the License
Officer shall issue the license.
9-12-5 : SCHEDULE OF FEES
License fees shall be charged according to the following
schedule :
Merchant Patrol [Operator] or Security Guard Service -
annual fee - [$50. 00] $100. 00.
[Individual Merchant Patrolman] Security Guard - annual
fee - $5. 00.
9-12-6 : BOND; REQUIRED; AMOUNT; LIABILITY INSURANCE
(a) Before a license shall be issued for engaging in
business as [MPO] Merchant Patrol or Security Guard Service
the applicant shall file with the License Officer a bond
running to the City, in the sum of [One] Five Thousand
Dollars, with good and sufficient sureties, conditioned
that the applicant shall comply fully with all of the
provisions of the ordinances of the City regulating and
concerning such business [of Merchant Patrol and Merchant
Patrol Operator] , and further conditioned on the faithful
performance and honest conduct of all [watching, guarding
or protecting undertaken by] security guards employed by
the licensee and will pay all judgments rendered against
such applicant for any violation of such ordinances or
conditions, and hold the City harmless on account of the
issuance of such license. Such bond shall remain in force
and be binding for the period of the license, and may be
continued from year to year thereafter upon giving to the
License Officer a continuation certificate signed by the
sureties thereon.
[ (b) Before any license as herein provided shall be
issued for engaging in business as MPO such applicant
shall file with the License Officer an instrument appointing
the License Officer his true and lawful agent with full power
and authority to acknowledge service of notice of process
for and on behalf of such applicant in respect to any matters
-5-
connected with or arising out of the business transacted
under such license and the bond given as required by this
article, or for the performance of the conditions of such
bond or for any breach thereof, which instrument shall also
contain recitals to the effect that such applicant for such
license consents and agrees that service of any notice or
process may be made upon such agent, and when so made shall
be taken and held to be as valid as if personally served
upon the person applying for the license under this article,
according to the law of this or any other state, and waiving
all claim or right of error by reason of such acknowledgement
of service or manner of service. Immediately upon service
of process upon the License Officer, as herein provided,
the License Officer shall send to the licensee at his last
known address as shown upon the current license, by registered
mail, a copy of such process. ]
(b) Before any license shall be issued to engage in
business as a Merchant Patrol or Security Guard Service,
the applicant therefore shall file with the license officer
a certificate of insurance for comprehensive general liability
insurance in amounts not less than $400,000 for each occurrence
and aggregate for bodily injury and personal injury including
assault and battery and $50,000 for each occurrence and
aggregate for property damage, and in addition thereto such
Workmen' s Compensation Insurance as shall be required by the
Statutes of the State of Colorado.
9-12-7 : [INDIVIDUAL PATROLMAN' S LICENSE--QUALIFICATIONS ;
APPLICATION
[ (a) It shall be unlawful for any person to accept
employment or to conduct a surveillance as an Individual
Merchant Patrolman without first having obtained a license
so to do.
(b) Each applicant shall make application for an IMP
license upon a form to be provided by the City, giving the
following information:
-6-
(1) Name.
(2) Date and place of birth.
(3) Residence and employment for the five-year
period previous to date of application.
(4) Time and place of all convictions of felonies,
misdemeanors, or other local laws or ordinances.
(5) Each application shall be accompanied by
written statement from at least two citizens of the
City who have personally known the applicant for at
least two years immediately prior and attesting that
he believes the applicant to be of good character and
of such honesty and integrity as to be suitable as an
IMP.
(c) Such application shall be filed with the License
Officer, who shall refer the same to the Police Department
for verification. Upon verification of the truthfulness of
all statements in the application qualifying the applicant
for an IMP license, the Chief of Police shall endorse the
face of verification thereof and shall return the same to
the License Officer for issuance of the license.
(d) The following shall be grounds for the denial of
application for an IMP license:
(1) Any false statement on the application.
(2) Applicant under the age of 21 years.
(3) Addiction to the use of intoxicating liquor
or narcotics.
(4) Any conviction of a felony within 15 years
next preceding the date of application. ]
9-12-7 : PROHIBITED PRACTICES
(a) Security guards shall not carry firearms while
in the course of their employment for any merchant patrol
or security guard service unless the merchant patrol or
security guard service certifies in writing to the Chief
of Police that such security guard is proficient in the
use, care and maintenance of same, and that he has a good
-7-
knowledge of firearm safety. Nothing herein shall be
construed to permit a security guard to carry an illegal
weapon nor to carry any concealed weapon.
(b) Security guards shall not arrest any person except
as permitted by law for any citizen.
(c) Security guards shall not represent themselves in
any manner to be a peace officer or as having any police
authority.
(d) Security guards shall not wear any uniforms unless
same are first approved by the Chief of Police. No uniform
shall be deceptively similar to any uniform worn by any law
enforcement agency in the County of Pueblo, nor shall same
bear the words "police" or "officer" anywhere thereon.
9-12-8 : [SAME--PHOTOGRAPHS, FILING, ATTACHING] Reserved
[Each applicant for an IMP license must file with his
application two recent photographs of himself, of a size
which may be easily attached to his license , one of which
shall be attached to the license when issued, the other
shall be filed with the application. The photographs shall
be so attached to the license that it cannot be removed and
another photograph substituted without detection. Each
licensed IMP shall, upon demand of any peace officer, exhibit
his license and photograph for inspection. Where the appli-
cation for a license is denied, the photograph shall be
returned to the applicant by the License Officer. ]
9-12-9 : [SAME--FORM; TERM] Reserved
[Upon satisfactory fulfillment of the foregoing
requirements there shall be issued to the IMP applicant a
license, which shall be in such form as to contain the
photograph and signature of the licensee. All such licenses
shall expire on the thirty-first day of December next suc-
ceeding the date of issue. ]
9-12-10 : SUSPENSION OR REVOCATION OF LICENSE
(a) After notice and hearing, [an MPO] a merchant
patrol or security guard service license issued under this
-8-
Chapter may be suspended or revoked by the License Officer
for any of the following reasons :
(1) That the licensee or any employee of the
licensee has been convicted of a felony or any offense
involving moral turpitude under the laws of the United
States or under the laws of any state or territory of
the United States or the Ordinances of this City.
(2) That the licensee or any employee of the
licensee has failed to report a crime to the Police
Department or has failed to report circumstances to
the Police Department which should have put a reasonable
prudent security guard [him] on notice that a crime has
been committed.
(b) After notice and hearing , the License Officer may
suspend or revoke the license of any [IMP] security guard
for any of the following reasons:
(1) Failure to report to the Police Department a
crime of which the [IMP] security guard has knowledge.
(2) Failure to report to the Police Department
any circumstances which would lead a reasonable prudent
security guard [person] in his circumstances to believe
that a crime has been committed.
(c) The License Officer shall summarily suspend and
demand surrender of the license of any [MPT or IMP] licensee
charged in any court of competent jurisdiction with the
commission of a felony or of an offense involving moral
turpitude [ , ] . Thereafter, he shall forthwith give notice
of hearing and provide a hearing to determine by a pre-
ponderance of evidence whether such offense was committed.
In the event he so determines, the suspension of such license
shall continue pending final disposition of such charges.
(d) Notice of hearing shall be served at least three
days before hearing is held.
(e) At any such hearing, conviction of any offense
may be but is not required to be proven by a transcript of
-9-
the judgment or order of conviction certified by the Judge
or Clerk of the Court in which said conviction occurred.
(f) No suspension shall be for a period longer than
six months except as provided in subsection (c) hereof.
(g) Whenever any license is revoked, no part of the
fee paid shall be returned to the licensee.
(h) Any person whose license shall be revoked hereunder
shall not be eligible for a new license for a period of two
(2) calendar years from the date of revocation.
9-12-11: COMPLIANCE WITH THE CITY CODE
Nothing herein shall be construed as permitting or
allowing any licensee hereunder to violate or to disobey
any provision of this Code or any Ordinances of the City
of Pueblo or exercise any authority of a peace officer.
9-12-12 : BADGES, UNIFORMS AND EQUIPMENT
The Chief of Police shall regulate the style of all
badges, uniforms and equipment used by persons engaged in
the merchant patrol business to the end that the same shall
be sufficiently distinctive to avoid confusion in the mind of
the public with badges, uniforms and equipment of local law
enforcement agencies.
9-12-13 : DUTY TO REPORT BREAK-IN AND OTHER SUSPICIOUS
CIRCUMSTANCES
It shall be unlawful for any person engaged in merchant
patrol or security guard work whether or not licensed under
this Code, to fail or refuse to report any break-in or
suspicious circumstances to the Police Department as soon
as possible. All persons licensed hereunder shall cooperate
with the Police Department in the investigation of such
circumstances when requested to do so, but shall not attempt
to investigate such break-in or suspicious circumstances
himself.
SECTION 2.
This Ordinance shall be effective upon final passage and
approval, except that with respect to persons engaged in the
-10-
merchant patrol or security guard service or employed as security
guards at the time of final passage, this Ordinance shall not take
effect until six (6) months after final passage and approval.
INTRODUCED : December 13 , 1982
By DAVID SCRIBNER
Councilman
APPROVED:
ATTEST: 7ae..e....w
President of the ity Council
City Cl
v'
-11-