[HISTORY: Adopted by the Town Council of the Town of Smithfield 3-15-2005. Amendments noted where applicable.]
Police Department — See Ch. 76.
Editor's Note: This chapter also repealed former Ch. 177, Private Detectives, adopted 8-2-1995, as amended.
For the purpose of this chapter, the following definitions shall apply:
- Any person to whom a license is granted in accordance with this chapter.
- LICENSING AUTHORITY
- The Town Council of the Town of Smithfield.
No person, without a license issued pursuant to G.L. 1956, § 5-5, shall engage in the general business of a private detective or hold himself or herself out as a private detective or pretend to be a detective police officer. Nothing in this section shall apply to a detective of another state coming into the state in the performance of his or her duties, for a temporary period on a specific matter. Any person who violates this section shall be punished as provided in G.L. 1956, § 5-5-21.
This chapter is enacted under the authority conferred by G.L. 1956, § 5-5.
The purpose of this chapter is to provide reasonable supervision and control of private detectives doing business in the Town and to ensure the honesty, good character and integrity of the licensee.
No person shall maintain his or her principal place of business as a private detective in the Town of Smithfield without first obtaining a license from the licensing authority.
[Amended 9-4-2012 by Ord. No. 2012-07]
Each person requesting a license under the provisions of this chapter must file an application with the Town Clerk on forms furnished by the Clerk. Statements of facts made on said application shall be made under oath of the applicant. Each application shall include the following:
A certification by each of three reputable citizens and residents of the Town that they have personally known the applicant for at least three years, that they have read the application and believe each of the statements made thereon to be true, that they are not related to the applicant by blood or marriage and that the applicant is honest and of good moral character;
The applicant's record of felony convictions and misdemeanor convictions involving moral turpitude;
A statement as to whether any prior or similar licenses have ever been issued to the applicant and, if so, whether such licenses were ever denied, revoked or suspended in any other municipality or state;
Two sets of the applicant's fingerprints taken at the Smithfield Police Department;
Two photographs of the applicant taken at the Smithfield Police Department; and
Satisfactory medical releases authorizing the Smithfield Police Department to determine if the applicant has any history of psychological disorder.
Every applicant for a license under this chapter shall meet the following qualifications before he or she may engage in the business of a private detective:
Be a citizen of the United States or a resident alien;
Not have been declared by any court of competent jurisdiction incompetent by reason of mental illness or incapacity and not have been restored;
Not have been discharged from the Armed Services of the United States under other than honorable conditions;
Be of good moral character;
Not have been convicted in any jurisdiction of a felony;
Not have had any previous private investigator license or application revoked or denied;
Not suffer from habitual drunkenness or from narcotics addiction or dependence;
Have experience that has been gained through:
At least five years experience as an investigator or as a police officer with a state, county or municipal police department or with an investigative agency of the United States of America or of any state, county or municipality; or
Receipt of a degree in criminal justice from an accredited college or university; or
Employment by a private detective as an investigator for at least five years; or
Substantively equivalent training or experience.
After receipt of an application for a license, the licensing authority shall conduct or cause to be conducted an investigation to determine whether the facts set forth in the application are true.
Editor's Note: Former § 177-9, Psychological evaluation, was repealed 9-4-2012 by Ord. No. 2012-07.
[Amended 9-4-2012 by Ord. No. 2012-07]
The licensing authority may deny the application for a license under this chapter if it finds that the applicant:
Violated any of the provisions of this chapter or any rules and regulations promulgated hereunder;
Knowingly made a material misstatement in the application for or renewal of a license; or
Practiced fraud, deceit or misrepresentation;
Demonstrated incompetence or untrustworthiness in actions affecting the conduct of the licensed business.
Has a documented history of psychological disorder of such a nature that the public health, safety, and welfare may be jeopardized if a license is issued to the applicant hereunder.
Each license under this chapter, new or renewed, shall expire one year after the date of issuance. Applications for renewal of a license shall be received by the Town Clerk on forms provided by the Clerk not less than 30 days prior to the expiration date of the license. The licensing authority may refuse to renew a license for any of the grounds set forth in §§ 177-6 through 177-10.
The fee for a license application or renewal under this chapter shall be $150.
Initial license fees shall not be refundable.
If a previously issued license has expired and has not been renewed within a period of 15 days after expiration, such application shall be considered the original application and all requirements of an original application shall apply.
Each person so licensed shall give to the Town Clerk and his or her successors in the office a bond, with a surety company authorized to do business in Rhode Island, in the sum of $5,000, conditioned for the benefit of any person injured by the willful, malicious, or wrongful acts of the licensee.