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HomeMy WebLinkAbout2006-005 - Adding Chapter 227 Regarding Private Security and Amending Section 605.030 Regarding the Schedule of License Fees to the Municipal Code BILL N0.2006- D,~ ORDINANCE N0.2006-~5~ AN ORDINANCE AMENDING TITLE II AND TITLE VI OF THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, MISSOURI, BY CREATING AND ADDING A CHAPTER 227 REGARDING PRIVATE SECURITY OFFICERS AND BY REVISING SECTION 605.030, REGARDING THE SCHEDULE OF LICENSE FEES WHEREAS, the City of Riverside, Missouri (the "City") does not currently have in effect regulations addressing the licensing, monitoring, and basic requirements for private security officers within the City; and WHEREAS, the City and its staff have investigated and reviewed the need for regulations concerning private security officers, and proposed regulations necessary to safeguard the public, and have determined that certain provisions must be enacted and made a part of the City's Municipal Code (the "Code"); and WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and deemed adoption of the Code provisions regarding private security officers to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City; and NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. Chapter 227: Private Security Officers is hereby created and added to Title II of the Municipal Code of the City of Riverside, Missouri, and shall read as follows: CHAPTER 227: PRIVATE SECURITY OFFICERS SECTION 222.010: PURPOSE The provisions of this Chapter shall apply to all persons who seek employment or status as either an Armed or Unarmed Private Security Officer within the City limits and companies that provide such services through company employees. SECTION 227.020: DEFINITIONS A. PRIVATE SECURITY OFFICER: Any individual providing private .security services within the City whether for a licensed private security company or otherwise. A licensed Private Security Officer has police powers limited to the property which they have been lawfully assigned to protect. Those licensed under the provisions of this chapter have no authority to enforce ordinances, statutes or rules on the public streets of the City or any location other than the property they have been assigned to protect. .~, r R. ~ B. PRIVATE SECURITY COMPANY: Any sole proprietorship, firm, company, partnership or corporation that employs personnel to provide private security service. C. ARMED PRIVATE SECURITY OFFICER: A private security officer who, in the same year the license is applied for, has completed an eight (8) hour firearms training course taught by a certified firearms instructor. The course must include achieving a passing score after completion of a firearms qualification course, at an approved firing range, with the same approved firearm that will be carried while performing security duties. D. CERTIFIED FIREARMS INSTRUCTOR: A firearms safety instructor that is certified by the National Rifle Association as a Certified Personal Protection Instructor or a Certified Pistol Instructor. Proof of certification will be a copy of the NRA issued certificate and identification card. E. APPROVED FIREARM: Any solid frame revolver of .38 or .357 caliber, or semi- automatic in .380, .40, .45, 9mm, or lOmm calibers. SECTION 227.030: REGISTRATION REQUIRED A. No person shall act as an Armed or Unarmed Private Security Officer within the City, whether for a registered private security business or otherwise, unless such person is registered pursuant to this Chapter. B. No firm, company, partnership or corporation shall provide private security services within the City unless it is registered pursuant to this Chapter. SECTION 227.040: ENFORCEMENT AUTHORITY The Director of Public Safety or his designee shall be responsible for the registration of any organization or person desiring to provide private security services within the City. SECTION 227.050: INDIVIDUAL LICENSE A. Individual registrants shall be required to complete and submit a registration form provided by the Department of Public Safety. The annual fee for an individual license as a Private Security Officer or an Armed Private Security Officer shall be fifty dollars ($50.00). B. All registrants shall submit the necessary information for a background check, to include fingerprinting by the Department of Public Safety and any additional information requested by the Department. ~. i .. , r ~, j'. C. If the registrant is requesting licensure as an Armed Private Security Officer, proof of firearms training and qualification by a Certified Firearms Instructor is also required. SECTION 227.060: COMPANY LICENSE A. Any sole proprietorship, firm, company, partnership, or corporation desiring to engage in the business of providing private security services in the City shall be required to complete a registration form provided by the Department of Public Safety and such registration shall be in addition to any individual registration required pursuant to this Chapter. The annual fee for a company license as a provider of private security services shall be eighty-four dollars ($84.00). B. A Company Registration shall set forth all information required consistent with the provisions of this Chapter which shall include, but not be limited to the following: company identification information, a copy of organizational documents, the names(s) and addresses of the principal owners of the company, any criminal history for the owner(s). SECTION 227.070: DISQUALIFICATIONS A. No person shall be licensed pursuant to this Chapter unless such registrant is proficient in English. B. No person shall be eligible for licensure that has a felony conviction, a conviction for domestic violence or any crime involving assault, or who is subject to an order or protection issues by any court. C. No person who is on probation as a result of a violation of any federal, state, or municipal law or code except for minor traffic offenses shall be issued a license. SECTION 227.080: DISCI3ARGE OF FIREARM Armed Private Security Officers are required to notify the Department of Public Safety immediately upon the discharge of a firearm within the City limits. SECTION 227.090: LIABILITY INSURANCE No individual or company shall be licensed pursuant to this Chapter unless the applicant files with the Director of Public Safety a certificate of liability insurance showing proof of general liability coverage of not less than Two Million Dollars ($2,000,000) in the aggregate. . . SECTION 227.100: SECURITY OFFICER UNIFORMS Security Officer uniforms, if used, shall not bear any resemblance to any uniform worn by members of the Department of Public Safety, nor shall any uniforms, badges, or vehicles using the word "police" be used. SECTION 227.110: COMPLAINTS AND WITHDRAWAL OR SUSPENSION OF LICENSE The Director of Public Safety, or his designee, may investigate any complaint made against a private security officer. The Director, or his designee, shall have the authority to suspend or withdraw any Individual or Company License when the investigation shows that the provisions of this Chapter have been violated. SECTION 227.120: EXEMPTIONS A. The following individuals shall not be required to obtain a license pursuant to the provisions of this Chapter: 1. Sworn law enforcement officers who have police power within the City. 2. Individuals who have been issued either a Level 1 or Level 2 license by the Missouri Gaming Commission. B. Riverboat gambling casinos that have been licensed by the Missouri Gaming Commission are not required to obtain a Company License. Section 2. Section 605.030 of the Municipal Code of the City of Riverside, Missouri is hereby revised to read as follows: SECTION 605.030: SCHEDULE OF LICENSE FEES The following shall be the schedule of annual license fees for occupations and businesses in the City: [categories from "Animal Hospitals" to "Grocery or General Store--occupying a floor area of more than thirty thousand (30,000) square feet" are unchanged] [the category for "Guards and Watchman's Service" is deleted] [categories from "Haberdasheries" to "Printers" are unchanged] '. .. . Private Security Officer, Individual $50.00 Private Security Company $84.00 [categories from "Produce Stands" to "Other Businesses" are unchanged] Section 3. The provisions of the Municipal Code of the City of Riverside, Missouri revised herein shall not be construed to revive any former ordinance, clause or provision of the Municipal Code of the City of Riverside, Missouri. Section 4. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all provisions of the Ordinance not specifically declared to be unlawful shall remain in full force and effect. Section 5. This Ordinance overrides any conflicting provision or regulation within the Municipal Code of the City of Riverside, Missouri. Section 6. This ordinance shall take effect immediately. r~~ , Passed this ~~1~ `''fiay of , 2006. F Mayo Pro Tem ATTEST`.. l ity Jerk ~, r ~. i ..