Editor’s Note: In this Chapter the word "Sheriff" is changed to "Chief of Police" and the words "Sheriff’s Department" are changed to "Police Department" pursuant to the St. Charles County Charter Article IV, Sections 4.250 and 4.1300, as amended in 2012 and effective 1-1-2015, and St. Charles County Ord. No. 15-012, Section 2, adopted 1-26-2015.
[Ord. No. 95-145 Exhibit A §1, 9-27-1995]
As used in this Chapter, the following terms shall have these prescribed meanings:
- DESIGNATED AGENCY
- Any agency or County department designated by the St. Charles County Chief of Police to issue licenses as prescribed by this Chapter or perform other duties under this Chapter.
- DESIGNATED AREA
- The established property within the boundaries owned, leased or rented by the employer of such security officer or watchman.
- Any watchman or security officer who holds a license issued by the County of St. Charles.
- SECURITY OFFICER
- A person employed with certain powers to protect life and
property on/in a designated area and who must be in uniform, unless
otherwise approved by the Chief of Police, and may or may not carry
an exposed firearm, electronic control weapon, or protective device.[Ord. No. 17-075 § 1, 8-11-2017]
- A person employed without any firearm, weapon or protective device to perform the tasks of observation, protection and reporting on/in a designated area.
[Ord. No. 95-145 Exhibit A §2, 9-27-1995]
The County shall have the power to license all watchmen and security officers serving or acting in designated areas within the County and to regulate all watchmen and security officers serving or acting in designated areas within:
[Ord. No. 95-145 Exhibit A §3, 9-27-1995]
No person shall engage in the activities of a watchman or security officer without having first obtained a license to do so as provided by this Chapter, provided however:
A person may obtain a sixty (60) day temporary permit to perform such services pending issuance of the license provided by this Chapter; or
[Ord. No. 17-075 § 2, 8-11-2017]
A person who has been trained by and is licensed or registered by another public law enforcement agency, and has applied for a license hereunder may engage in the activity of a watchman or security officer for a period not to exceed thirty (30) days following filing of the application pending issuance of the license pursuant to this Chapter.
[Ord. No. 95-145 Exhibit A §4, 9-27-1995; Ord. No. 13-001 §4, 1-3-2013; Ord. No. 13-050 §4, 6-28-2013; Ord. No. 17-075 § 3, 8-11-2017]
Any person desiring to act as a watchman or security officer in the County shall make written application to the St. Charles County Chief of Police or to another agency or department, which has been designated by the Chief of Police, for licensing as a watchman or security officer upon a form or forms prescribed by the Chief of Police. Such application shall describe the premises or the locality upon or within which the applicant is to serve as a watchman or security officer; and shall be accompanied by a written statement of a responsible business enterprise, citizen or group of citizens indicating its or their intention to employ the applicant as a watchman or security officer. The applicant's fingerprints will be taken by the St. Charles County Police Department or the designated agency at the time of submission of the application or the applicant's fingerprints may be provided by the employing agency or another law enforcement agency by which the applicant is licensed or registered as a watchman or security officer.
[Ord. No. 95-145 Exhibit A §5, 9-27-1995]
Every watchman or security officer licensed under the provisions of this Chapter shall furnish bond to the County with an insurance company corporate surety in the sum of thirty thousand dollars ($30,000.00), conditioned upon the faithful performance of the work and the observation of all the provisions of this Chapter, all ordinances of the County and all laws of the State of Missouri and the United States. Such bond shall be for the use and benefit of the County and of any person who may have employed such licensee and been injured by the willful, negligent, malicious or wrongful act of such licensee. The bond requirement of this Section may be waived by the St. Charles County Chief of Police on satisfactory proof by the employer of liability insurance covering the applicant with insuring single limits of not less than three hundred thousand dollars ($300,000.00).
[Ord. No. 95-145 Exhibit A §6, 9-27-1995]
All applications for a license as a watchman or security officer shall be referred to the St. Charles County Chief of Police who shall investigate the moral character and fitness of the applicant or applicants, their experience in such business, the character of the services they expect to perform and the manner in which such business is to be carried on, and who shall obtain such other information concerning the applicant as he may deem necessary in order to determine the applicant's fitness and qualifications for the conduct of such activity. Current licensing or registration may, in the sole discretion of the Chief of Police, be accepted in lieu of the investigation by the Chief of Police. The Chief of Police may designate another agency or department to perform the investigation.
[Ord. No. 95-145 Exhibit A §7, 9-27-1995; Ord. No. 17-075 § 4, 8-11-2017]
All applicants who apply for a watchman or security officer license must successfully complete a prescribed course of training approved by the St. Charles County Chief of Police prior to the issuance of said license. This training shall be at least a four (4) hour training session within six (6) weeks prior to date of a request for renewal.
Firearms Training. All security officers who seek a license to carry firearms must successfully complete a firearms qualification course prior to license issuance each year. The Chief of Police shall not approve firearms training requirements which do not include the following:
Other Weapons And Protective Device Training. Any security officer seeking to carry a protective device must also complete a certified session conducted by a State Certified Police Academy on carrying that protective device, limited to CS (pepper) mace or impact weapons including straight baton, asp baton, or expandable baton. All security officers who are licensed to carry electronic control weapons must also successfully complete annual training and qualification at the agency designated by the Chief of Police prior to license renewal each year.
[Ord. No. 95-145 Exhibit A §8, 9-27-1995; Ord. No. 01-116 §2, 9-26-2001; Ord. No. 17-075 § 5, 8-11-2017]
If the St. Charles County Chief of Police or designated agency shall approve the application prescribed, the license shall be issued upon receipt of a bond or certificate of insurance complying with the provisions of Section 605.050 and the payment of the following license fee: sixty dollars ($60.00) plus the cost of training by the St. Charles County Law Enforcement Training Center. For renewal of a license after the first year, the annual fee shall be fifty dollars ($50.00) plus the cost of license renewal training and firearms training for an armed security officer and fifty dollars ($50.00) plus the cost of license renewal training for all others. Each applicant will also be responsible for the cost of the State and Federal criminal records check.
[Ord. No. 95-145 Exhibit A §9, 9-27-1995]
Each such person licensed as a watchman or security officer shall receive an identification card which shall prominently indicate the position that the person is licensed for and provide proof of identity, authority and possession of a valid license. The licensee will carry said card at all times while on duty. The loss of this card will be reported immediately to the St. Charles County Police Department or the designated agency and a duplicate card will be issued for a fee of fifteen dollars ($15.00). The uniform worn by licensees on duty shall be unlike the official uniform of the St. Charles County Police Department or other law enforcement agency within St. Charles County. The licensee's uniform shall be complete with a cap and wearing a breast-type badge clearly visible at all times while the licensee is on duty, unless specific written permission for some other type of attire or dress is granted by the Chief of Police. Each person must exhibit a name bar one-eighth (⅛) inch above the right pocket of the uniform shirt depicting the name as it appears on the identification card. Each person licensed under the provision hereof shall at all times maintain on file with the Chief of Police or the designated agency a photograph accurately depicting the uniform, emblems and badges worn. If such person is employed by a person, firm or corporation which employs more than one (1) watchman or security officer who wear identical uniforms, emblems and badges, it shall be sufficient under this Section for such person, firm or corporation to maintain on file one (1) photograph accurately depicting each separate type of uniform, emblem or badge worn by its employees during the performance of their duties.
[Ord. No. 95-145 Exhibit A §10, 9-27-1995]
Licensee must perform his function in a designated area.
Licensee must carry the licensee identification card whenever on duty and display same upon request.
Licensee must wear and exhibit any issued badge or emblem on the outermost uniform garment to include a visible name plate one-eighth (⅛) inch above the right shirt pocket.
Licensee is not authorized to possess or imply possession of any firearm, weapon or other implement of attack.
Licensee may not be a convicted felon.
[Ord. No. 95-145 Exhibit A §11, 9-27-1995]
Licensee must be in uniform at all times when on duty if carrying an exposed firearm.
Licensee must perform his or her functions in a designated area.
[Ord. No. 17-075 § 6, 8-11-2017]
Licensee must wear and exhibit on the outermost garment the issued badge or emblem when in uniform to include a visible name plate one-eighth (⅛) inch above the right shirt pocket.
Licensee must carry the license identification card whenever on duty and display same when requested to do so.
Licensee is authorized to carry a protective device, electronic control weapon, and/or an exposed firearm when he or she is qualified to do so and his or her license so states.
[Ord. No. 17-075 § 6, 8-11-2017]
Licensee may not be a convicted felon.
[Ord. No. 95-145 Exhibit A §12, 9-27-1995; Ord. No. 96-48 §1, 5-1-1996; Ord. No. 11-115 §1, 12-29-2011]
A licensed security officer certified after Eastern Missouri Police Academy firearms training to be armed or permitted to carry a weapon while on duty and in uniform at the location(s) specified in the license may have a firearm.
Firearms carried by licensed security personnel shall be revolvers capable of firing and loaded with thirty-eight hundredths (0.38) caliber (Special) ammunition or semi-automatic pistols up to and including forty hundredths (0.40) caliber. Only one (1) approved firearm may be carried on duty. Certified Police Officers may carry duty weapons. The carrying of automatics, derringers or any type shotgun or rifle is prohibited. The Chief of Police shall have the authority to review an application for and grant, where appropriate and for good cause shown, the carrying of additional weapons.
[Ord. No. 17-075 § 7, 8-11-2017]
A security officer upon firing his weapon for any reason within the unincorporated area of St. Charles County, or using other force to make an arrest, shall immediately make or cause to be made a report to the St. Charles County Police Department and to the law enforcement agency with jurisdiction where the incident occurred.
All State requirements for carrying a firearm must be followed.
[Ord. No. 95-145 Exhibit A §13, 9-27-1995]
Every watchman or security officer shall hold his license at the pleasure of the St. Charles County Chief of Police and any agency or department designated by the Chief of Police to issue licenses under this Chapter and such license shall be subject to revocation by the Chief of Police or the designated agency for good cause. Such license shall terminate automatically upon the termination of employment of such watchman or security officer by the business corporation, person or persons upon whose written request the license is issued. Such employing corporation, person or persons shall promptly notify the Chief of Police or designated agency that the watchman's or security officer's employment has terminated if, and when in fact, it does terminate. Upon the revocation, expiration or termination of such license, it shall be the duty of each such watchman or security officer to surrender to the Chief of Police or designated agency the license and identification card. From and after the revocation, expiration or termination of such license the person shall no longer have any authority to exercise the power of a watchman or security officer. All licenses shall be issued for the period of one (1) year.
[Ord. No. 95-145 Exhibit A §14, 9-27-1995]
Commissioned Police Officers of the State of Missouri may be licensed to perform the duties and carry out the responsibilities of watchmen or security officers provided they are employed during the term of their license as commissioned Police Officers in the State of Missouri. Each officer must have secondary employment approval by his employing department.
During the one (1) year term of the license, all licenses granted under this provision cease to be valid simultaneously with termination of the commissioned status.
No further training is required during employment as long as a Police Officer is qualified by State certification.
Responsibilities and obligations when performing in the licensed status shall be those applicable to the licensed function being performed, except that nothing in this provision shall diminish or enlarge upon the duties and responsibilities of the officers as provided for by Statute and his department regulations.
[Ord. No. 95-145 Exhibit A §15, 9-27-1995]
Additional regulations, forms and information may be required by the St. Charles County Chief of Police or designated agency of all applicants so long as such questions are not inconsistent with this Chapter or the laws and Constitutions of this State or the United States.
[Ord. No. 95-145 Exhibit A §16, 9-27-1995]
A current and up-to-date list of all licenses issued will be maintained at the St. Charles County Police Department or agency designated by the Chief of Police.
[Ord. No. 95-145 Exhibit A §17, 9-27-1995]
A violation of any provision of this Chapter is a misdemeanor punishable by a fine of not more than three hundred dollars ($300.00), or by imprisonment in the St. Charles County Jail for a term not to exceed thirty (30) days, or by both fine and imprisonment. A separate offense shall be deemed committed on each day a violation occurs or continues.
[Ord. No. 95-145 §2, 9-27-1995]
The enforcement of the regulations established by this Chapter shall be the responsibility of the County Counselor.