HomeMy WebLinkAboutOrdinance 1760ORDINANCE NO. 1760
AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE
CHAPTER 5.33 PERTAINING TO THE REGULATION OF
MERCHANT POLICE AND PRIVATE DETECTIVES
Recitals
1. The 1995 Oregon Legislature enacted Oregon Revised
Statutes 203.090, providing that state law hereafter preempts
local regulation of "private security officers, employers and
security services".
2. CPMC Chapter 5.33 regulates certain persons and
businesses that are now exclusively regulated by state law under
ORS 203.090.
3. Certain amendments are necessary to CPMC Chapter 5.33 in
order to comply with the new state law regulating private
security officers and security services.
Now, therefore;
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN
AS FOLLOWS:
Section 1. The following sections of Central Point
Municipal Code Chapter 5.33 are hereby amended to read as
follows:
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1 - ORDINANCE NO. 1760 (011797)
5.33.010 Definitions. For the purposes of Sections
5.33.010 to 5.33.170, the following terms, phrases, words, and
their derivations shall have the following meaning:
A.;; (~) "Private detective" is a person who accepts
employment for hire, fee, or reward to furnish or supply
information as to the personal character or actions or identity
of a person or as to the character or kind of business or
occupation of a person. The term shall not include within its
meaning a private investigator employed exclusively by one
employer in connection with a business. Nor shall it include a
detective or officer belonging to the law enforcement agencies of
the United States or of any state, county, or city. Nor shall it
include any insurance adjuster licensed by the state when the
adjuster is operating in the capacity of and for adjusting of
insurance for any company whatever.
B.'! (~) "Safe and lock companies" means any firm, person,
partnership, or corporation engaged in the sale, service, repair,
or maintenance of safes and locks; provided that for the purpose
of this definition the term "locks" includes only those locks
used in connection with safes.
Cj (~) "Shall" is always mandatory and not merely
directory.
5.33.020 License required. No person, firm, partnership,
corporation, or employee thereof shall operate as a private
detective(,-) or ( ,) safe
and lock company(,-) ( ) in the city
without first obtaining a license from the chief of police as
hereinafter provided.
5.33.080 Appeal procedure. Any person aggrieved shall have
the right to appeal the denial or revocation of a private
detective's license (~r ~''°~'- -.,-r,.',,,°n's li~~..~c) to the
city council.
5.33.110 Bond required. A. No license shall be issued
hereunder unless the applicant files with the city a surety bond
executed by such applicant with two or more sureties, or by a
surety company authorized to do business in the state in the sum
of two thousand dollars, or such other financial security as may
be approved by the city attorney, conditioned upon the careful,
faithful, and honest conduct of the services to be performed by
the applicant or his employees. Such bond shall be approved by
the city attorney as to form, execution and sufficiency of
sureties.
B. The bond or approved security required herein shall be
taken in the name of the people of the city, and every person
injured by the negligent, wilful, malicious or wrongful act of
the principal, his agent, servant, or employee, in the conduct of
business (~~ ,'~~ ~'~`~~`-~• ^''° at-patrol, ) may bring an
action on theMbond in his own^namemto recover damages for such
negligent, wilful, malicious, or wrongful act.
2 - ORDINANCE N0. 1760 (011797)
C. The chief of police shall suspend any license when the
bond or other approved financial security required herein shall
have lapsed or is reduced by reason of a judgment thereon, or for
any other reason is no longer in full force and effect.
5 33 120 Promulgation of regulations by chief of police.
The chief of police shall have the authority to enact and enforce
reasonable rules and regulations for the operation of private
detectives (-~'' ~-,rch~~ r~''"~_'-_~'-"") in the interest of the public
safety, morals, and welfare and to effectuate the general purpose
of Sections 5.33.010 to 5.33.170.
5.33.140 Notice of employee's status chancre. Within three
days of the termination of employment of any employee or other
person or any licensee, notice of such termination shall be given
by the licensee in writing to the chief of police. Failure to
comply with this section shall result in revocation of the
license.:: (s~r~va-te deteet~ve, ^'"^'- p ,
serviee safe and ' eele ee}nPan~., r '~.,rn, ° °' _rm ,, ^^~'~" )
Section 2. An emergency is hereby declared to exist, and
this ordinance shall take effect immediately upon passage.
Passed by the C uncil and
its passage this ~ .1'~~ day of
ATTEST:
signed by me in authentication of
~_(/~GJ`r,~COtir~~ , 1997.
~~ ~ _ --,
Mayor Rusty McGrath
CWT <% I~I~ ~~a~„~,~~-
City epresentative
Approved by me this ~ ~'~' ~2~~/ ~.~ , 1997.
~ `~
Mayor Rusty McGrath
3 - ORDINANCE N0. 1760 (011797)