Ordinance No. 73-32 P_
CITY OF TIGARD, OREGON
ORDINANCE No.73- 3,4
AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE 5 OF THE TIGARD
MUNICIPAL CODE TO ADD THERETO Chapter 5.10 ENTITLED "REGULATING
DETECTIVES AND MERCHANT POLICE"; REQUIRING LICENSING OF PRIVATE
DETECTIVES AND MERCHANT POLICE; PRESCRIBING REGULATIONS APPLICABLE
TO INDIVIDUALS AND ORGANIZATIONS SO ENGAGED; REQUIRING COMPLIANCE
WITHIN 30 DAYS AFTER EFFECTIVE DATE, AND FIXING EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That Title 5 of the Tigard Municipal Code be, and the
same is, hereby amended and supplemented to add thereto
Chapter 5.10 and Sections 5.10.010 to 5.10.110 inclusive:
Chapter 5.10
REGULATING DETECTIVES AND MERCHANT POLICE
5.10.010 Definitions.
a 'Private detective" means a detective engaged
by an individual, firm arcorporation for private protection
or for the purpose of ascertaining facts of a civil or
criminal nature for the benefit of a private person, firm
or corporation and for which a fee or other compensation is
paid.
(b) "Merchant police" means any person, firm or
corporation engaged in the business of watching, guarding
or protecting any permises, property or persons, provided,
however, that the term does not include any individual who
is regularly employed by ore employer to watch, guard or
protect only the premises, property or person of that
employer.
5.10.020 License. It is unlawful for any person, firm or
co 0 ation to engage in or operate a private detective
business or engage in or operate a merchant police business
for the purpose of providing privatedetective services or
merchant policeman services except as provided and authorized
by this chapter without first having obtained a license from
the city; provided that no license shall be required for
casual, occasional or isolated instance of civil or criminal
investigative nature by a private detective whose employer,
or who personally, is licensed as a private detective by any
other state, county or municipality in Oregon or elsewhere.
5.10.030 Qualifications of a Plicant and em to ees and ter-
m nat on of employees.
With each application for such license, the following
`w shall be furnished in support thereof with respect to the
business applicant as well as for each employee who will
operate .under. or pursuant to authority. of the license:
(1) A statement in affidavit form signed and sworn
to before a Notary
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(a) The full name, age and residential
address of applicant and each employee.
(b) Present occupation, and past occupa-
tions for the immediate last 5 years of the
applicant and each employee.
(c) Statement of prior police work or exper-
ience in the private. detective or merchant police
field for theapplicant and each employee.
(d) Statement of all arrests and convictions
of a criminal nature, and major traffic offenses,
for applicant and each employee.
(e) Names, addresses and occupations of two
or moro reputable citizens who upon inquiry will
verify the applicant and each employee to be
honost, of good moral character, and competent to
act under authority of the license being sought.
(f) Any other information or facts which may
assist in evaluating the suitability of the appli-
cant and employees to operate under authority of
the license within the City of Tigard.
(2) Applicant shall currently furnish to the Chief
of Police a like affidavit as in this section required with
respect to each new employee. added to licensee's force during
continuance of the license.
(3) Licensee shall promptly in writing notify the
Chief of Police of the termination of employment of any Per-
sonnel member previously engaged as a private detective or
merchant policeman by the licensee under authority of the
license.
5.10.040 Invests ation of applicants. The chief of police
shall cause an nvestigation to a made of the applicant as to
moral character, reputation, integrity and general qualifica-
tions and shall cause to have a written report of such inves-
tigation supplied for the city files. Based on the results
of such investigaticn, the chief of police may authorize the
issuance of or denial of the issuance of the license as by
this chapter set forth.
5.10.050 Issuance of license. The City Recorder may issue the
license only upon written approval of the chief of Police for
the fees as set forth in Chapter 5.04 of the Tigard Municipal
Code
5.10.060 . Bond. The licensee shall, at the time of issuance
of the cense, file with the City Recorder a surety bond, in
form approved by. the city attorney, in the sum of One Thousand
collars ($1,00.0.) conditioned upon the faithful performance
and honest conduct of all persons who will be engaged in watch-
ing, guarding or protective undertakings of the person, firm
or corporation licensed hereunder. The bond shall be for the
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benefit of the City of Tigard and all affected persons,
business or corporation, and shall assure payment of any
judgment secured against the licensee for his negligence,
default or lack of fidelity, or that of his employees, in
the performance of duties authorized by the license, lim-
ited to the sum of One Thousand Dollars ($1,000.).
5.10.070 Revocation of license. If, at any time, the condlict
of the 1 censee, or employees, aiiall be in violation of law
or adverse .to public interest, or show lack of moral fitness,
upon the written recommendation of the Chief of Ptvlice setting
forth the facts and reasons- therefor, the City Council may
revoke the license granted hereunder.
It shall be the duty of the Chief of Police to investigate
the activities of any licensee hereunder and to. report all in-
formation to the council to enable a determination of whether
or not the license shall be continued in force and effect.
r, 10 080 Notice of termination by licensee. Termination of
L ie employment 'of an emr o5 vae engaged in the private detect-
ive business or in the merchant police business shall be re-
ported by the licensee in writing to the chief of police.
5.10.090 . Uniform. The licensees hereunder shall not wear a
un orm -whichrepresents them to be, nor shall they in person
represent themselves to be, a member of the police department
of the city. Patches, insignia, badges or uniforms shall
indicatethe licensees hereunder to be 'licensed merchant'
police"., "detective" or :"watchman", as the case may be.
5,10,.100: Cshall u y coopeoo enation with olice de artment. Licensees here-
un er rate w th the poi ce department of the
city, and shall 'fully disclose promptly to the chief of police 1
all information of a criminal nature and turn over to the s
police department immediately any evidence coming to their
knowledge or possession concerning any case with which the
police department .is concerned.
5.10,110 ` Compliance.: Any merchant policeman or private detec-
ve now opera ng or doing business within the corporate t
limits of the city shall have thirty (30) days from date of
passage hereof in which to comply herewith.
The provisions of Chapter 5.04 Tigard Municipal Code,
including fees and penalties, shall apply to this chapter to
hhe extent not inconsistent herewiths and upon conviction for
t
violation hereof the "penalties prescribed by Section 5.04.100
shall apply.
Section 2- This ordinance shall be. effective on aid afteappro he al of
app
day after its passage by the Council and
the Mayor.
PASSED Bunanimouselpresentouncil members ryFigre- threetimesbcnumber and title
oe-
,n72.
_
day of ,
eco der: - y o gar
dayof //irriFir, lav , 1913.
APPROVED: By the Mayor, thin '/ _
Mayor City. 'Asara
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