[CC 1977 §28-1; Ord. No. 2378 §1, 6-9-1997]
For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them:
- PRIVATE INVESTIGATION AGENCY
- Any person, firm or corporation which furnishes or agrees to furnish for hire a private investigator to conduct investigations or carries on an investigation agency or investigation business and is located in the City or performs work within the City limits more than five (5) days per year.
- PRIVATE INVESTIGATOR
- Any person who does investigative work for hire who is not an employee of an investigation agency.
- PRIVATE SECURITY AGENCY
- A person, firm or corporation which furnishes or agrees to furnish for hire a private security officer to protect persons or property of another and is located in the City or performs work within the City limits more than five (5) days per year.
- PRIVATE SECURITY OFFICER
- An individual who performs the services of a watchman, guard, security officer or other services for the purpose of protecting persons or property of another.
[CC 1977 §28-21; Ord. No. 2378 §1, 6-9-1997]
No person shall engage in the business of being a private investigator, private security officer or establish, conduct, maintain or operate an investigation agency or private security agency in the City without first having obtained a license to do so as hereinafter provided.
[CC 1977 §28-22; Ord. No. 2378 §1, 6-9-1997]
Applications for licenses required by the provisions of this Article shall be made upon blank forms prepared and made available by the Police Department and shall state:
The full name, age, residence, present and previous occupations of the applicant; if applicant is an agency, information shall be provided in regard to agency owners, managers, officers, directors, partners and employees;
Whether the person signing the application is a citizen of the United States;
A specific description of the location of the principal place of business and a detailed description of the intended operation within this City;
The number of year's experience the applicant has had in the area for which the applicant has applied or in the related fields;
The length of time applicant has been a bona fide resident of the State immediately preceding the filing of the application;
Such other information as the Chief of Police shall find reasonably necessary to effectuate the general purpose of this Chapter and to make a fair determination of whether the terms of this Chapter have been complied with.
[CC 1977 §28-23; Ord. No. 2378 §1, 6-9-1997]
The application required under this Article shall be accompanied by a full set of fingerprints which shall be made by the Police Department and two (2) recent passport size photographs.
[CC 1977 §28-24; Ord. No. 2378 §1, 6-9-1997]
Within thirty (30) days after receipt of an application as provided for herein, the Chief of Police shall cause an investigation to be made of the applicant and the applicant's proposed operation. In determining whether or not to approve an application, the Chief of Police shall use the following standards:
The applicant is at least twenty-one (21) years of age except for licensees not authorized to be armed who shall be at least eighteen (18) years of age;
The applicant is of good moral character;
The applicant is free of any type of chemical dependency;
Whether applicant has been arrested for an offense and whether the applicant has been convicted of a felony or an offense involving violence, theft, fraud, deception, intoxication, disorderly conduct, sexual misconduct or unlawfully carrying a weapon;
The applicant is a natural-born or a fully naturalized citizen of the United States; and
The applicant does not believe in or advocate the overthrow of the Government of the United States or of the State by force or violence and 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 of the State by force or violence.
[CC 1977 §28-25; Ord. No. 2378 §1, 6-9-1997]
Acceptance or denial of an application for a license required by this Article shall be communicated to the applicant and the City Clerk. If application is disapproved, the Chief of Police shall state the reasons for denial.
[CC 1977 §28-26; Ord. No. 2378 §1, 6-9-1997]
Any person aggrieved by the decision of the Chief of Police may file an appeal to the Board of Aldermen. The appeal shall be filed within fifteen (15) days of the date of mailing of the notice by the Chief of Police. The Board of Aldermen shall act upon the matter within thirty (30) days.
[CC 1977 §28-27; Ord. No. 2378 §1, 6-9-1997]
If the Chief of Police shall approve the application or the Board of Aldermen overrules the Chief of Police, the City Clerk shall issue a license therefor upon the receipt of the payment of the following license fee:
Private security agency or private investigation agency, per year: $20.00.
Private investigator, per year: $10.00.
Private security officer, not an employee of the firm, business, partnership, corporation or person whose premises he/she guards, per year: $10.00.
Private security officer who is an employee of the firm, business, partnership, corporation or person whose premises he/she guards, initial investigation fee only: $5.00.
[CC 1977 §28-28; Ord. No. 2378 §1, 6-9-1997]
All licensees whose duties include the carrying of weapons and firearms shall have:
[CC 1977 §28-29; Ord. No. 2378 §1, 6-9-1997]
The Chief of Police shall, prior to the issuance of any licenses hereunder, affix a photograph of said licensee to an identification card.
[CC 1977 §28-30; Ord. No. 2378 §1, 6-9-1997]
All licenses issued under the provisions of this Article may be renewed annually upon application and payment of the fee therefore as required by this Article.
[CC 1977 §25-31; Ord. No. 2378 §1, 6-9-1997]
A licensee under the provisions of this Article shall carry said license and exhibit the same to any duly authorized Law Enforcement Officer or citizen upon request.
[CC 1977 §28-32; Ord. No. 2378 §1, 6-9-1997]
No license issued under the provisions of this Article may be assigned or transferred to any other party.
[CC 1977 §28-33; Ord. No. 2378 §1, 6-9-1997]
The Chief of Police shall have the authority, at such time as may be deemed necessary, to inquire into the nature, character and scope of the operation of any private security agency, private security officer, private investigation agency or private investigator licensed under the provisions of this Article and it shall be the duty of such licensee to furnish the Chief of Police any information with reference to the business as may be reasonably required. If it shall appear that the licensee is guilty of any violations of the ordinances of the City or laws of the State or of the United States or that such licensee is guilty of any wrongful or fraudulent act in the conduct of licensee's business, the City Administrator shall revoke such license after giving a reasonable notice to the licensee and affording him/her an opportunity to be heard. The licensee may appeal to the Board of Aldermen from the decision of the City Administrator in the case of the revocation of his/her licensee by written request therefor filed with the City Administrator within ten (10) days after being notified of the revocation. The City Administrator shall set a time and place for the hearing before the Board. The determination of the Board shall be final and conclusive.
[CC 1977 §28-34; Ord. No. 2378 §1, 6-9-1997; Ord. No. 2847 §5, 10-20-2003]
Restricted. In the event that a private security officer or private investigator is expected to carry or possess any type of firearm or any other weapon during the routine discharge of their duty, the individual must first have been properly approved through the application process and have satisfactorily completed an appropriate training course as approved by the Chief of Police.
Penalty For Violation. Violation of this Section shall be punishable by the immediate revocation of any license issued under this Section and by not more than five hundred dollars ($500.00) in fines and ninety (90) days incarceration in the City or County Jail for each such violation.
[CC 1977 §28-35; Ord. No. 2378 §1, 6-9-1997]
Security Officers. All applications for a private security officer's license shall have completed a pre-approved course of training which must include instruction in the following subjects:
Armed Security Officers. All applicants for a private security officer's license whose duties may include the carrying of a firearm shall have successfully completed the training requirements as prescribed by the Chief of Police. The types of weapons which a licensee may carry may be restricted.
[CC 1977 §28-36; Ord. No. 2378 §1, 6-9-1997]
A private security officer while discharging his/her duties under this Chapter shall not wear a uniform which resembles a uniform of the City Police Department. All private security officer uniforms must have prior approval by the Chief of Police.