[Ord. No. 400-2009 §1, 6-2-2009]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning: private investigator
and private detective.
A person who extends himself to the public for hire, reward
or compensation, either directly or indirectly, to furnish or supply
information as to:
Evidence or testimony for an administrative, judicial or legislative
proceeding;
Crimes, both public or private;
Personal character, actions or identity of any person;
Causes origins and responsibilities for occurrences or happenings;
Protection of persons; and
Location of property or persons.
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Nothing contained in this definition shall be construed so as
to exempt from the terms of this Section law enforcement officials
engaged in off-duty private investigating activities.
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The term "private investigator" shall not include within its
meaning any of the following persons who are regularly employed and
while such persons are engaged in their normal duties:
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1.
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Collection agencies;
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2.
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Insurance companies licensed to do business within the State;
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3.
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Insurance adjusting or claims agencies;
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4.
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Attorneys at law licensed to engage in the practice of their
profession within the State or their agents;
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5.
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Law Enforcement Officers or any person employed by a Federal,
State, County or Municipal Government whose duty is to investigate;
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6.
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Persons who are employed solely by one (1) establishment or
business;
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7.
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Agencies whose exclusive business is the furnishing of information
as to the business, financial and credit standing of persons with
respect to insurance, indemnity bonds or commercial credit; and
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8.
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Armored car services.
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[Ord. No. 400-2009 §1, 6-2-2009]
In addition to revocation of the license issued under this Chapter, any person violating any of the provisions of this Chapter shall be subject to the penalties set forth in Section 100.130 of this Code of ordinances.
[Ord. No. 400-2009 §1, 6-2-2009]
A.
Display And Possession Of License Certificate. Licensees
under this Chapter 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 under this Chapter.
B.
Impersonation of Peace Officer. No person licensed under
this Chapter shall impersonate or hold himself out as a Peace Officer
of this State; nor shall any person operate or permit to be operated
a motor vehicle with a siren or blinker light or with any insignia
thereon bearing likeness to the insignia used by Peace Officers of
this State. Nothing in this Section shall prohibit a licensee from
having an amber light, flashing or rotating, utilized for the purpose
of location identification.
C.
Carrying Firearms. No provision of this Chapter is to infer
the right or privilege to carry or use firearms.
D.
Carrying of Identification Card. Private investigators or
security guards shall carry on their person at all times when performing
services as a private investigator or security guard an identification
card issued by the Director of Finance.
[Ord. No. 400-2009 §1, 6-2-2009]
Any badge, uniform, insignia or other equipment to be worn or
used by any private detective, private investigator or security guard,
as provided for in this Chapter shall be first approved by the Chief
of Police.
[Ord. No. 400-2009 §1, 6-2-2009]
A.
Private Investigators. No individual shall engage in, maintain
or conduct any activity as a private investigator in the City without
first obtaining a license from the Director of Finance.
B.
Security Guards. All persons engaged in providing services
as security guards shall first secure a license from the Director
of Finance.
[Ord. No. 400-2009 §1, 6-2-2009]
Applications for licenses under this Chapter shall be made available
by the Police Department Records Division and shall include all information
the Chief of Police deems necessary. Applications shall be submitted
to the Chief of Police who upon request may grant a temporary permit
to the applicant pending final review of the application. The applicant's
employer shall execute an agreement of responsibility for the applicant's
actions pending issuance of the license and that the applicant is
of good moral character. Such permit shall terminate automatically
upon issuance of the license and may also be revoked by the Chief
of Police without hearing if the Chief of Police finds any statements
therein to be incomplete or untrue or if the applicant would not otherwise
qualify for a license under this Chapter.
[Ord. No. 400-2009 §1, 6-2-2009]
Within fifteen (15) days after receipt of an application for
a license under this Chapter, the Chief of Police shall cause an investigation
to be made of the applicant. The Chief of Police is authorized to
require the applicant to make available any information or material
the Chief of Police considers necessary for the investigation concerning
the applicant. The Chief of Police, at any time after the issuance
of the license, may initiate an investigation concerning the license
and may require him to make available any information or material
deemed necessary. Failure of the licensee to provide such information
shall be grounds for denial, suspension or revocation of a license.
Upon completion of the investigation, the Chief of Police shall send
the application, with his recommendations, to the Director of Finance.
[Ord. No. 400-2009 §1, 6-2-2009]
A.
The
Director of Finance shall issue a license under this Chapter only
when he finds each of the following:
[Ord. No. 400-2009 §1, 6-2-2009]
All employees of any person having or applying for a license under this Chapter shall meet the standards of Section 617.080.
[Ord. No. 400-2009 §1, 6-2-2009]
The Director of Finance shall act upon the application for a
license under this Chapter within thirty (30) days after the filing
thereof. If the Director of Finance disapproves the application, he
shall notify the applicant in writing within ten (10) days thereafter,
giving specific reasons for the denial.
[Ord. No. 400-2009 §1, 6-2-2009]
After denial of an application or denial of a renewal of an
application or suspension or revocation of any license, the applicant
or licensee may seek prompt judicial review of such administrative
action in any court of competent jurisdiction. The administrative
action shall be promptly reviewed by the court.
[Ord. No. 400-2009 §1, 6-2-2009]
The license fee shall be set forth by resolution of the City
Council.
[Ord. No. 400-2009 §1, 6-2-2009]
Licenses issued under this Chapter shall not be transferable.
[Ord. No. 400-2009 §1, 6-2-2009]
Licenses issued under this Chapter shall be subject to revocation
or suspension by the Director of Finance for violation of any of the
provisions of this Chapter or misconduct by the licensee or his employees
or activity amounting to dishonesty or fraud or failure to obey the
laws of the United States or the State and the ordinances or regulations
of the City governing the conduct of his investigative work, after
reasonable notice and an opportunity to be heard has been given to
the licensee.
[Ord. No. 400-2009 §1, 6-2-2009]
The Director of Finance shall issue renewal licenses to all
licensees under this Chapter, whose licenses have not been suspended
at the time the licenses have expired, upon payment of the license
fee.
[Ord. No. 400-2009 §1, 6-2-2009]
All licenses issued under this Chapter shall be for a term of
one (1) year.
[Ord. No. 400-2009 §1, 6-2-2009]
The Director of Finance shall issue an identification card to
each individual licensed under this Chapter showing all descriptive
data as may be required by the Chief of Police. Identification cards
shall not be transferable or assignable. If the identification card
is lost, the Director of Finance shall be notified. Such identification
card shall also indicate whether the holder of such identification
card is licensed as a private investigator or whether such individual
is licensed only as a security guard.
[Ord. No. 400-2009 §1, 6-2-2009]
No license shall be issued under this Chapter unless the applicant
files with the Director of Finance an approved policy of public liability
insurance in the amount of three hundred thousand dollars ($300,000.00).
Such policy of insurance shall be maintained in full force and full
coverage at all times the license is in effect and shall cover all
employees who engage in investigative or security work. The licensee
shall provide proof of such liability insurance coverage at any time
upon request of the Director of Finance or his assigns.
