Ordinance No. 96-29 StX � 1
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ORDINANCE NO. 96-
AN ORDINANCE AMENDING CHAPTER 5.10 DETECTIVES AND MERCHANT POLICE
WHEREAS, The City Council finds that Chapter 5.10 of the Tigard
Municipal Code should be updated; now, therefore:
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
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SEC1'luiv 1. Chapter 5.10 Detectives and Merchant Police is amended } S4 :
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as inciicaL� the attached EXHIBIT A" Deleted
wording is st -ue3e tfttuugh, and added wording is
underlined.
SECTION 2. This ordinance shall be effective 30 days after its -"�
passage by the Council, signature by the Mayor, and
posting by the City Recorder. ,
Ys OF �'. .;..
PASSED: By Un(n� Uus vote of all Council membep present E f � ,
�.!4fte'r being read by number and title only, this � ,day of
, 1996. -
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the-rine Wheatley, Cit Recor }
APPROVED: By Tigard City Council this 1�_ day of � �t
1996. '
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Approved as to form:
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Chapter 5.10. DETECTIVES AND MERCHANT POLICE
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5.10.010 Definitions. .
5.10.020 License. ' s
5.10.030 Qualifications of applicant and employees and termination r ��
f of employees. z
# 5.10.040 Investigation of applicants.
5.10.050 Issuance of license. ' , w
5.10.060 Bond.
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5.10.070 Revocation of license.
5.10.080 Notice of termination by licensee.
5.10.090 Uniform.
5.10.100 Cooperation with police department.
5.10.110 .
Com liance � `
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5.10.010 Definitions.
(a) "Private detective" means a detective engaged by ani.
individual, firm or corporation for private protection or for the
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purpose of ascertaining facts of a civil or criminal nature for the ( e� '
benefit of a private person, firm or corporation and for which a `x �
fee or other compensation is paid. Yg
(b) 'Merchant police means any person, firm or corporation
engaged in the business of watching, guarding or protecting any
premises, property or persons; provided, however, that the term 1t s3a k
does not include any individual who is regularly employed by one
employer to watch guard or protect only the premises, property or 4a ¢
person of that employer. (Ord. 73-32 §1(part), 1973). `
5.10.020 License.
T t is unlawful f r n v
0_ a.., person, firm or corporation to engage
in or operate a private detective business or engage in or operate ,4
a merchant police business for the purpose of providing private ;.; ,
} detective 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 ; �a 3
11 employer, or who personally, is licensed as a private detective by
any other state, county or municipality in Oregon or elsewhere.
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(Ord. 73-32 1§(Part), 1973). `i � � ��`
` 5.10.030 Qualifications of applicant and employees and termination
of employees.
f With each application for such license, the followingshall be �g'$f � _ '•
furnished in support thereof with respect to the business applicant
as well as for each employee whn will operate under or pursuant to
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E� authority of the license:
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(1) A statement in affidavit form signed and sworn to before
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i r a notary public stating:
(A) The full name, age and residential address of MW
applicant and each employee,
(B) Present occupation and past occupations for the
immediate last five years of the applicant and each employee,
(C) Statement of prior police work or experience in the
private detective or merchant police field for the applicant and �!
each employee,
(D) Statement of all arrests and convictions of a �
criminal nature, and major traffic offenses, for applicant and eachp z
employee, `
!cl v�moo a.i.iroa cn� an`7 ^^„nit;nnc -f hwn nr
reputable citizens who upon inquiry will verify the applicant and
each employee to be honest, of good moral character and competent r
to act under authority of the license being sought, ` '
(F) Any other information or facts which may assist in
evaluating the suitability of the applicant and employees to
operate under authority of the license within the City of Tigard; i
(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 k i
license;
Of
y (3) Licensee shall promptly in writing notify the chief of �
police of the termination of employment of any personnel member
previously engaged as a private detective or merchant policeman by x �
the licensee under authority of the license. (Ord. 73-32 §1(part), �'' .�
1973). `
5.10.040 Investigation of applicants.
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The Chief of Police shall cause an investigation to be made of
the applicant as to moral character, reputation, integrity
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1 general qualifications and shall cause to have a written report of
such investigation supplied for the city files. Based on the
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results of such investigation, the Chief of Police may authorize *
1 the issuance of or denial of the issuance of the License as by this
chapter set forth. (Ord. 73-32 §1(part), 1973).
5.10.050 Issuance of license.
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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 this Code. (Ord. 73-32 §I(part), 1973).
`j 5.10.060 Bond. 5
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The licensee shall, at the time of issuance of the license,
{ file with the City Recorder a surety bond, in form approved by the t. `
city attorney, in the sum of one thousand dollars, conditioned upon
3j the faithful performance and honest conduct of all persons who will "
{ be engaged in watching, guarding or protective undertakings of the
person, firm or corporation .Licensed hereunder. The bond shall be
for the benefit of the City of Tigard and all affected persons,
businesses or corporations, and shall assure payment of any y
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, limited to the sum of one e
thousand dollars. (Ord. 73-32 (Part) 1973) t_;' Valu
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5.10.070 Revocation of license. -
If, at any Lime, Lhe conducL of Lhe licensee, or employees, is
.. in violation of law or advarsa in nnhlin in♦-arach, nr chnau lar4_ nP
moral fitness, upon the written recommendation of the Chief of x�
Police setting forth the facts and reasons therefor, the City , sY _
Council may revoke the license granted under this chapter. a - s
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It shall be the duty of the Chief of Police to investigate the �L )
activities of any licensee or employee hereunder and to report all s
information to the Council to enable a determination of whether or
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not the license shall be continued in force and effect. (Ord. 73-32 �'
§1(part), 1973). i # �
J 5.10.080 Notice of termination by licensee. ,
Termination of the employment of an employee engaged in the
private detective business or in the merchant police business shall = �rs
be reported by the licensee in writing to the Chief of Police, r1¢
(Ord. 73-32 §1(part), 1973).
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5.10.090 Uniform.
The licensees under this Chapter shall not wear a uniform
which represents them to be, nor shall they in person represent Pte _
themselves to be, a member of the Police Department of the City. ?
Patches, insignia, badges or uniforms shall indicate the licenseesa.k
hereunder to be "licensed merchant police," "detective" or
"watchman," as the case may be. (Ord. 73-32 §1 (part), 1973).
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5.10.100 Cooperation with police department.
Licensees under this Chapter shall fully cooperate with the
Tigard Police Department and shall fully disclose promptly to the r -
Chief of Police all information of a criminal nature and turn over
to the police department immediately any evidence coming to their
knowledge or possession concerning any case with which the Police
Department is concerned. (Ord. 73-32 §1(part), 1973). '
J 5.10.110 Compliance.
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Any merchant policeman or private detective now operating or s
tAis£ VJ doing business within the city limits shall have thirty days fromMyu�
x3 date of passage hereof in which tM, Jo comply with this chapter,
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" The provisions of Chapter 5 04 of this code, including fees
� r a and penalties, shall apply to this Chapter to the extent not » �
inconsistent herewith, and upon conviction for violation hereof the � � °t
*s penalties prescribed by Section 8.04-1-g8 5.04.190 shall fi apply.
(Ord. 73-32 §1 (part), 1973).
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