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HomeMy WebLinkAbout6.3 Muni Code Private Patrols C~lY Cl!E~rt{ FD~e # D~~[Q]..~[Q] AGIE~DA SlATIEMIE~T ernr COU~C~l MlEIET~~G IDA TIE FebnJlary 5, 2008 SUBJEC1' A 1'1' ACHMENTS RECOMMENDATIO~ F][NANC][AL S1' A1'EMEN1' None ][)ESCRJ[P1'][ON PUBLIC HEARING Repeal of Dublm MunIcIpal Code Chapter 432 (Pnvate Patrols) Report Prepared by Elzzabeth H Szlver City Attorney and Stephen MUZIO AssoclGte Attorney 1 Ordmance Repeahng Chapter 432 of the Dublm MunIcIpal Code Relatmg to Pnvate Patrols Current Ordmance 2 1 2 3 4 5 ReceIve Staff presentatIOn, Open pubhc hearmg, ReceIve pubhc testImony, Close pubhc hearmg and dehberate, Waive readmg and INTRODUCE the Ordmance Repealmg Chapter 432 of the Dublm MunICIpal Code relatmg to Pnvate Patrols At Its March 22, 2006 Goals and ObjectIves meetmg, the CIty CounCIl revIewed and approved With hIgh pnonty the comprehensIve update to certam chapters of the Dubhn MunIcIpal Code (DMC) One chapter proposed for reVieW IS DMC Chapter 432, whIch reqUIres pnvate patrol operators to comply WIth CahfornIa Busmess and ProfessIons Code SectIOn 7582 et seq, and to adopt charactenstIc uruforms whICh all theIr employees engaged m street patrol actIVItIes must wear whIle engaged m the performance of theIr dutIes Staff and Dubhn Pohce ServIces have revIewed the chapter and recommend that It be repealed Pnvate patrol operators are regulated by the State, whIch, m addItIOn to ItS hcensmg program, regulates the uruforms and mSIgrna pnvate patrollers may wear ThIs chapter does not Impose any addItIonal or substantively dIfferent reqUIrements on pnvate patrols Moreover, Dubhn Pohce SefV1ces has mdIcated that, because of the State regulatIOn scheme, It has not actIvely enforced thIS chapter RECOMMEN][)A 1'][ON Staff recommends that the City CouncIl 1) receIve Staff presentatIOn, 2) open pubhc hearmg, 3) receIve pubhc testImony, 4) close pubhc hearmg and dehberate, 5) Waive readmg and INTRODUCE the Ordmance Repeahng Chapter 432 of the Dubhn MurncIpal Code relatmg to Pnvate Patrols COpy TO Page 1 of 1 ~:; liTEM NO ~ liJ- ORDINANCE NO -08 AN OlRDiNANCE OF THE CITY OF DUBL[N REPEALING CHAPTER 432 OF THE DUBLIN MUNICIPAL CODE RELA TING TO PIDV A TE PATROLS ************ The City Council of the City of Dublin does hereby ordam as follows WHEREAS, the Cahforma LegIslature has enacted Busmess and ProfessIOns Code SectIons 7580 et seq whIch IS a comprehensIve framework regulatmg operators ofpnvate patrols, and WHEREAS, the CIty of Dublm MUniCIpal Code Chapter 432 regulates Pnvate Patrols m a manner that IS largely duphcatIve of State law, and WHEREAS, the City CouncIl deSIres to repeal thIs Chapter to reduce redundancy between the Dublm MUniCIpal Code and State law NOW, THEREFORE, the CIty CouncIl of the CIty of Dub 1m does hereby ordam as follows Section 1 Chapter 432 of the Dublm MUniCIpal Code IS hereby repealed Section 2 Effective Date ThIs Ordmance shall take effect and be enforced thIrty (30) days followmg ItS adoptIOn SectIOn 3 Postmg The City Clerk of the City of Dub 1m shall cause thIS Ordmance to be posted m at least three (3) pubhc places m the CIty of Dub 1m m accordance WIth SectIon 36933 of the Government Code of the State ofCahfornIa PASSED, APPROVE][) AND ADOPTED thIS day of ,2008 AYES NOES ABSENT ABST AIN Janet Lockhart, Mayor ATTEST Carolyn Parkmson, Intenm CIty Clerk T~1t- ~ 3 ~/~/o~ ~ ATfACHMENT 1 Chapter 4 32 PRIVATE PATROLS ~~ I~ITJ ~ Chapter 4 32 PRIVATE PATROLS Sections 4 32 010 Statutory authority 4 32 020 Definitions 4 32 030 State registration required 4 32 040 Registration with Chief of Pollee reqUired! 4 32 050 Uniforms required! 4 32 010 Statutory authority ThiS chapter IS enacted pursuant to Section 7524 of the Business and Professions Code of the state of California (Ord 22-86 9 5) 4 32 020 Definitions For the purposes of thiS chapter the words set out In thiS section shall have the following meanings "Private patrol operator" IS as defined In Business and ProfeSSions Code Section 7521 "Private patrol operator" Includes an operator of a private patrol service (Ord 22-86 9 1) 4 32 030 State registration required It IS unlawful for any person to act as a private patrol operator unless such person IS licensed With the state of California pursuant to Business and Professions Code Section 9 7520 (Ord 22- 86 9 2) 4 32 040 Registration With Chief 01 Pollee requu"ed In addition to the requirements of Section 4 32 030, any such operator shall register With the Chief of Police and provide the Chief With the following Information A The names and addresses of all street patrol special officers employed and their state registration numbers, and B The license number and description of each vehicle used for street patrol services (Ord 22-86 9 3) 4 32 050 Unaforms required Every private patrol operator shall adopt a characteristic uniform, and all street patrol special officers employed by such operator shall wear such umform at all times while engaged In the performance of the duties of hiS employment The characteristic umform shall first be approved by the Chief of Police (Ord 22-8694) I~~[I]I ATTACHMENT 2 http //wwwcodepubhshmg com/CA/Dubhn/Dublm04/Dublm0432 html