ORDINANCE O2023-XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, REPEALING tITLE 5 BUSINESS TAXES, LICENSES AND REGULATIONS, CHAPTER 5.36 PRIVATE PATROL OPERATORS AND PROTECTION DOG OPERATORS; AND ADDING CHAPTER 5.36 PRIVATE PATROL OPERATORS AND REGULATIONS TO THE MANTECA MUNICIPAL CODE WHEREAS, the growth of the City of Manteca (the “City”) warrants that City operations, infrastructure, regulation, and oversight keep up with and proactively stay ahead of the trends and circumstances that come with said growth; and WHEREAS, the proliferation of commercial, residential, economic growth and related changes have led to an increase of the need of private patrol (i.e., security) throughout the City; and WHEREAS, in order to ensure private patrol personnel are in line with the law and order established and maintained by the Manteca Police Department, it is critical to have private patrol personnel known to and reviewed by the Manteca Police Department, to the fullest extent permitted by law, including but not limited to Business and Professions Code section 7582.5; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meeting of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
THE CITY COUNCIL OF THE CITY OF MANTECA DOES ORDAIN AS FOLLOWS:
SECTION 1: Section 5.36, Private Patrol Operators and Protection Dog Operators, of the Manteca Municipal Code is hereby repealed.
SECTION 2: Section 5.36 is hereby added to the Manteca Municipal Code to read as follows:
5.36.010 DEFINITIONS.
A. A “private patrol operator,” or “operator of a private patrol service,” is a person who, for any consideration whatsoever:
Agrees to furnish, or furnishes, a watchman, guard, patrolman, or other person to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation, or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind; or performs the service of such watchman, guard, patrolman, or other person, for any of said purposes as defined in Section 7582.1 of the California Business and Professions Code.
B. A “proprietary private security officer” means an unarmed individual who is employed exclusively by any one employer whose primary duty is to provide security services for his or her employer, whose services are not contracted to any other entity or person, and who is not exempt pursuant to Section 7582.2 of the California Business and Professions Code, and who meets both of the following criteria: (1) is required to wear a distinctive uniform clearly identifying the individual as a security officer; and (2) is likely to interact with the public while performing his or her duties.
C. A “protection dog operator” is any person who, for any consideration whatsoever, engages in business to furnish, or agree to furnish or train a protection dog for others. A “protection dog” means any dog trained to guard, protect, patrol or defend any premises, area or yard, or any dog trained to protect, defend or guard any person or property, with or without the necessity of direct human supervision.
D. A “licensee” means a person licensed under the Private Security Services Act (Business and Professions Code 7580 et seq.) and includes, but is not limited to, private patrol operator and armored contract carrier.
5.36.020 REGISTRATION
A. It is unlawful for any person to operate a private patrol service, perform services for a private patrol operator as a security guard, security officer or street patrolperson, provide security services as a proprietary private security officer, or provide services as a protection dog operator in the City without first registering with the City’s Police Department.
B. Private patrol operators shall register with the City Police Department by providing the following:
1. Two color photographs, full-length, of the uniform to be used;
2. For those private patrol operators who utilize vehicles in the course of providing patrol services, two color photographs of the patrol vehicle depicting the vehicle as it will appear while in use. Such depiction shall include any names and/or logos to be used on the vehicle;
3. A copy of the registrant’s identification card issued by the State of California pursuant to Business and Professions Code section 7582.5;
4. For those private patrol operators who utilize firearms in the course of providing patrol services, a copy of a valid firearms qualification card issued by the state of California;
5. The registrant’s name, and for those with business names; the name of the business owner.
C. Security guards, security officers, and patrolpersons shall register with the City Police Department by providing the following:
1. A copy of the registrant’s identification card issued by the State of California pursuant to Business and Professions Code section 7582.5;
2. The registrant’s name and the name of the private patrol operator who employs the registrant;
3. For those security guards, security officers or street patrolpersons who utilize firearms in the course of providing patrol services, a copy of a valid firearms qualification card issued by the state of California.
D. Proprietary private security officers shall register with the City Police Department by providing the following:
1. A copy of the registrant’s identification card issued by the State of California pursuant to Business and Professions Code section 7574.22;
2. The registrant’s name and the name of the business, entity, and/or individual who employs the registrant.
E. Protection dog operators shall register with the City Police Department by providing the following:
1. The registrant’s name and the name of the business, entity, and/or individual who employs the registrant;
2. A copy of the registrant’s identification card issued by the State of California pursuant to Business and Professions Code section 7582.5.
5.36.030 SEPRATE BUSINESS LICENSE REQUIREMENT
Registration with the City Police Department, as described in MMC 5.036.020, does not exempt a private patrol operator or operator of a private patrol service from the requirement to pay the license fee and procure a business license from the City pursuant to MMC 5.04.020.
5.36.040 RESTRICTION ON UNIFORMS AND VEHICLES.
A. No person shall serve as a uniformed private patrol operator in the City unless and until the uniform or insignia to be worn shall first receive the written approval of the Chief of Police that it is clearly distinguishable from the uniforms worn by local regular law enforcement officers.
B. No vehicle shall be used by a private patrol service operator unless and until the operator first receives the written approval of the Chief of Police that the vehicle is clearly distinguishable from the vehicles used by local regular law enforcement officers.
5.36.050 EXEMPTIONS.
This Chapter does not apply as prescribed by California Business & Professions Code § 7582.2 (a).
5.36.060 VIOLATION FOR FAILING TO REGISTER WITH THE POLICE DEPARTMENT Violation of MMC sections 5.36.010 – 5.36.050 are punishable by the general penalty prescribed in MMC 1.16.010.
SECTION 2: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 3: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.
City of Manteca, a municipal corporation
MAYOR: __________________________
GARY SINGH
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN SS:
CITY OF MANTECA
I, Cassandra Candini-Tilton, City Clerk of the City of Manteca, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the 18th day of July, 2023, and had its second reading and was adopted and passed during the public meeting of the City Council on the 15th day of August, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
O2023-XX Page 5 of 5 August 15, 2023
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