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HomeMy WebLinkAbout441 04-10-1973ORDINANCE NO. 441 AN ORDINANCE AMENDING ORDINANCE NO. 296 AND SUPER - CEDING ORDINANCE NO. 296 PROVIDING FOR THE REGISTRA- TION OF PRIVATE DETECTIVES PND LICENSING AND REGULA- TION OF PRIVATE PATROL SECURITY OFFICERS IN THE CITY OF EULESS, TEXAS; DEFINING CERTAIN TERMS; PROVIDING FOR INVESTIGATION OF PRIVATE DETECTIVES AND PRIVATE PATROL SECURITY OFFICERS BY THE CHIEF OF POLICE OF THE CITY OF EULESS; DESCRIBING DUTIES AND OBLIGATIONS OF PRIVATE DETECTIVES AND PRIVATE PATROL SECURITY OFFICERS; DESCRIBING A PENALTY; PROVIDING A SAVINGS CLAUSE; 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 singular number 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 Patrol Security Officers or Operator of a private patrol service" means any person who furnishes or agrees to furnish a watchman, guard, patrolman, security systems service, courier service, armored car service, guard dog service, or other person to protect persons, or property or to prevent theft, loss, embezzlement, misappropriation, or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers, or property of any kind or who performs the service of a watchman, guard, patrolman, or other person for these purposes. (4) "Private Detective or Private Investigator" means any person who engages in the business or accepts employment to furnish, agrees to make, or makes any investigation for the purposes of obtaining information with reference to (a) crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America. (b) the identity, habits, conduct, business, occupation, honesty, integrity, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person; (c) the location, disposition, or recovery of lost or stolen property; (d) the cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to property; or (e) securing evidence to be used before any court, board, officer, or investigating committee. (5) Employee's of registrant shall mean all persons employed as a private detective or private patrol security officer. SECTION II. No person shall operate as a Private Detective or as a Private Patrol Security Officer in the City without first registering as hereinafter provided with the Chief of Police. SECTION III. No person shall operate as a Private Patrol Security Officer in the City without first obtaining a license as hereinafter provided from the Chief of Police. SECTION IV. Registration required 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 occupations of the registrant; (2) Whether the person registering is a citizen of the United States; (3) A specific description of the location of the principal place of business of the registrant; (4) The number of years experience the registrant has had as a Private Detective or in the related fields; (S) The length of time registrant has been a bona fide resident of the State of Texas immediately preceding the registration; (6) Full name, age, residence and any alias of all employees of such registrant who are engaged in the work as a Private Detective or as a Private Patrol Security Officer within the City; (7) 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 registration required hereunder shall be accompanied by a full set of fingerprints and a recent photograph of registrant and all employees engaged in the work as a Private Detective or Private Patrol Security Officer. It shall be sufficient for registrant to provide a copy of the application of registrant's employee sent to the Texas Board of Private Investigators and Private Security Agencies as required by Art. 4413 (29bb) VTCS. SECTION V. Within ten (10) days after registration as provided for herein, the Chief of Police shall cause an investigation to be made of the registrant and his employees. SECTION VI. The Chief of Police of the City shall notify the Texas Board of Private Investigators, and Private Security Agencies if he determines that the registrant or any of the employees of the registrant: (1) is a convicted felon; (2) has been convicted of a misdemeanor involving moral turpitude; (3) is of bad moral character; (4) is not a citizen of the United States. Any persons required to register under this Ordinance who shall hire an employee who will be engaged in Private Detective work or as a Private Patrol Security Officer after he has registered under this Ordinance shall within fourteen (14) days register the said employee with the Chief of Police of the City, as provided herein. SECTION VII. The Chief of Police shall issue a license to a registrant as a Private Patrol Security Officer 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 Government of the United States, or the State of Texas, by force or violence. SECTION VIII. The Chief of Police shall act upon the application for a Private Patrol Security Officer license within fifteen (15) days after 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 notice of his action stating the reasons for his denial of the permit. SECTION IX. Any person aggrieved shall have the right to appeal the denial of a Private Patrol Security Officer license to the City Council. The appeal shall be taken within ten (10) days after notice of such denial as hereinabove provided, the City Council shall act upon the appeal within twenty (20) days after receipt. SECTION X. A license shall be issued to a successful applicant upon payment of a license fee of $50.00 per Company and $10.00 per commission. hereunder: SECTION XI. The following conditions shall apply to all licensees issued (1) Licenses issued hereunder shall not be transferable. (2) Licenses issued hereunder shall be subject to the revocation or suspension by the Chief of Police 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) year. SECTION XII. The Chief of Police shall have the authority to enact and enforce reasonable rules and regulations for the operation of Private Patrol Security Officer in the interest of public safety, morals and welfare and to effectuate the general purpose of this Ordinance. SECTION XIII. No Private Patrol Security Officer licensed herein shall impersonate or hold himself out as a peace 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 the City. All persons registered hereunder who may, pursuant to the activity for which they are registered, 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 Ordinance of this City, shall .'g'iVe notice of such information and relate same to the Police Department of the City as soon as practicable. SECTION X I V . 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 continuous nature, and each and every day that violation occurs shall constitute a separate and distinct offense. SECTION XV. Should any section, provision, word, phrase, or clause of this Ordinance or the application thereof to any person or circumstances 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 XVI. This Ordinance shall be in full force and effect from and after its passage as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 27th day of March, 1973; GIVEN SECOND READING, PASSED AND APPROVED at a regular meeting of the Euless City Council on the 10th day of April, 1973, by a vote of 4 ayes and 0 nays. ATTEST: City Secretary APPROVED AS TO FO City Attorney APPROVED: C l ..0 Mayor