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HomeMy WebLinkAbout296 01-24-1967ORDINANCE NO. 20 AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF PRIVATE DETECTIVES AND SPECIAL OFFICERS IN THE CITY OF EULESS, TEXAS; DEFINING CERTAIN TERMS; PROVIDING FOR INVESTIGATION AND SUPERVISION OF PRIVATE DETECTIVES AND SPECIAL OFFICERS BY THE CHIEF OF POLICE OF THE CITY OF EULESS; REQUIRING A BOND FOR THE PROTECTION OF THE CITIZENS OF EULESS AND THE GENERAL PUBLIC; PRESCRIBING DUTIES AND OBLIGATIONS OF LICENSEES; PRESCRIBING A PENALTY; PROVIDING A SAVINGS CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION I . For the purposes of this Ordinance, the following terms, phrases, words, and the derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words In the singiOnr niimbEr Include the plural number. (1) "City" is the City of Euless, Texas. (2) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (3) "Private Detective" is any person who accepts employment for hire, fee, or reward to furnish or supply information as to the personal character or actions or identity of any person as to the character or kind of business or occupation of any person. The term shall not include within its meaning a private investigator employed exclusively for one employer in connection with a business of a collection agency. Nor shall it include a detective or officer belonging to the law enforcement agencies of the United States or of any state, county, or city. (4) "Special Officer" shall mean any person who accepts employ- ment for hire, fee or reward to patrol, guard or protect persons or property, public or private, and shall specially apply to watchmen, private patrolmen cnd persons engaged in main- taining peace and order in a public place or private house, but shall not include an officer belonging to the law enforce- ment agencies of the United States or of any state, county or city. SECTION 11. No person shall operate as a private detective in the City without first obtaining a license as hereinafter provided from the Chief of Police. SECTION III. Applications for licenses issued hereunder shall be made upon blank forms prepared and made available by the Chief of Police and shall state: (1) The full name, age., residence, present and previous occupa- tions of the applicant; (2) Whother the person signing the application is a citizen of the United States; (3) A specific description of the location of the principal place of business of the applicant; (4) The number of years experience the applicant has had as a private detective or in the related fields; (5) The length of time applicant has been a bona fide resident of the State of Texas immediately preceding the filing of the application; (6) Such other information as the Chief of Police shall find reasonably necessary to effectuate the general purpose of this Ordinance and to make a fair determination of whether the terms of this Ordinance have been complied with. The application required hereunder shall be accompanied by a full set of fingerprints end a recent photograph. SECTION IV. Within ten (10) days after receipt of an application as provided for herein, the Chief of Pclice shall cause an investigation to be made of the npp l i rant an-,: h i s proposerl operation. SECTION V. The Chief of Police shall issue a license hereunder when he finds: (1) That the applicant is of good moral character, and in all other ways competent to engage in the activities covered by such license; (2) That the applicant has never been convicted of any felony or offense against the decency and morals of the community; (3) That the applicant is a natural born or fully naturalized citizen of the United States; (4) That the applicant does not believe in or advocate the overthrow of the Government of the United States, or the State of Texas, by force or violence and that the applicant is not a member of any organization or party which believes in or teaches directly or indirectly the overthrow of the Govern- ment of the United States, or the State of Texas, by force or violence. SECTION Vi. All employees of any person having or applying for a license hereunder shall meet the standard set forth above and shall be subject to all regulations of this Ordinance. SECTION VII. The Chief of Police shall act upon the application for a private detective's license within fifteen (15) days after the filing thereof. If the Chief of Police disapproves the application, he shall mail to the applicant within fifteen (15) days after the date upon which the application was filed, a ,i(Aice of his action stating the reosons for his denial of the permit. SECTION VIII. Any person aggrieved shall have the right to appeal the denial of a private detective's license to the City Council. The appeal shall be taken within ten (10) days after notice of such denial ns hercinabov� provided, the City Council shall act iipon the appeal within twenty (20) days after its receipt. SECTION IX,. A license shall be issued to a successful applicant upon payment of a license fee of $50.00. SECTION X. The following conditions shall apply to all licenses issued here- under; (1) Licenses issued hereunder shall not be transferable. (2) Licenses issued hereunder shall be subject to the revocation or suspension by the Chief of Pclicc for violation of any of the provisions of this Ordinance or misconduct by the licensee or his employees, after reasonable notice and an opportunity to be heard has been given the licensee. The Chief of Police shall immediately notify any licensee, by personal service, of such suspension or revocation. (3) The Chief of Police shall issue renewal license to all licensees whose licenses have not been suspended at the time said licenses have expired, upon payment of the license fee. (4) All licenses issued hereunder shall be for a term of one (1) yea r. SECTION XI. No license shall be issued hereunder unless the applicant files with the City a surety bond executed by such applicant with two (2) or more sureties, or by a surety company authorized to do business in the State of Texas, in the sum of $10,000.00, or such other financial security as may be approved by the City Attorney of the City, conditioned upon the careful, faithful and honest conduct of the services to be performed by the applicant, or his or its employees. Such bond shall be approved by the City Attorney of the City of Euless as to form, execution and sufficiency of sureties. The bond or approved security required herein shall be taken in the name of the people of the State of Texas; and every person injured by the negligent, wilful, malicious or wrongful act of the principal, his agent, servant, or employee, in the conduct of business of private detective, may bring an action on the bond in his own name to recover damages for such negligent, wilful, malicious or wrongful act. The Chief of Police shall suspend any license when the bond or other approved financial security required herein shall have lapsed or is reduced by reason of a judgment thereon, or for any other reason is no longer in full force and effect. This provision shall not apply to a Texas Corporation duly incorporated under the terms of Article 1302, Section 96, Revised Civil Statutes, 1925, or to a foreign corporation having a permit to do business in Texas, which requires a bond similar to that required by such statute, except th. ^_t applicant shall furnish City with a certificate evidencing that such bond is and shall remain for the license period in force and effect. SECTION X l I . The Chief of Police shall have the authority to enact and enforce reasonable rules and regulations for the operation of private detectives in the interest of public safety, morals and welfare and to effectuate the general purpose of this Ordinance. SECTION XIII. The licensees hereunder shall cause a certificate of such license to be displayed at all times in a conspicuous place in or on his place of business described in such license. The licensee shall carry on his person at all times when performing services as a ;private detective a certificate of the license issued hereunder. No private detective licensee, hereunder shall impersonate or hold himself out as a pence officer of this State; nor shall a private detective operate or permit to be operated a motor vehicle with a siren, blinker light, or with any insignia thereon bearing likeness to the insignia used by the peace officers of this State or this City, except with written permission of the Chief of Police of City. All persons licensed hereunder who may, pursuant to the activity for which they are licensed, gain or come into possession of knowledge that a crime or offense has been committed or is about to be committed under the laws of this State or the Ordinances of this City, shall give notice of such information and relate same to the Police Department of the City as soon as practicable. SECTION XIV. All of the above and foregoing provisions shall apply likewise to persons engaged in any operation as a special officer, except that the license fee of a special officer shall be $10.00 annually and there shall be no bond required of special officers. SECTION XV. Any person violating any of the terms of this Ordinance shall be subject to a fine of not more than $200.00, if such violation be of a con- tinuous nature, and each and every day that violation occurs shall constitute a separate and distinct offense. SECTION XVI. Should any section, provision, word, phrase, or clause of this Ordinance or the application thereof to any person or circumstance be held invalid, unconstitutional or ineffective, the remainder of the Ordinance, and the application of such provisions to other persons or circumstances shall not be effected thereby. SECTION XVII. Since the City of Euless has no ordinance, regulating, supervising and controlling persons in the business of private detectives, or conducting private detective agencies, there has been created and exists an urgency and an emergency for the immediate preservation of the public peace, health and safety, requiring that this Ordinance shall become effective immediately from and after its passage and publication and it is accordingly so ordained. PASSED fiND APPROVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS. this the th day 0f January 1967. APPROVED; /S/ W. G. Fuller Mayor ATTEST; /S/ Vada Ferris City Secretary APPROVED AS TO FORM; /S/ James Cribbs City '.ttorney