City of Oxnard Private Security Code

I was reading over the final draft of this proposed ordinance, and while it is less troubling than previous drafts, there is still the fact that municipal governments have no business regulating private security. Oversight rests with the State. However, here we are.

There is little in this draft that I have not seen elsewhere; the police chief is obviously obsessed with private security uniforms; "Unless authorized by the Chief of Police security officers and proprietary security officers shall only wear authorized uniforms".The chief has also reserved the authority to authorize "Special Uniforms" for proprietary security forces.  It appears the proprietary guys share the docket equally with the contract services. So there is a sense of fairness.

Finally, there is a requirement that all security officers and proprietary security officers shall report to the police all felonies reported by third parties. (Huh?) It goes on to say that one may do this by either making a report by telephone, or "by personal visit to the watch commander or by other person charged with receiving reports of violation".

I am curious to know if any of our brothers or sisters, who do business in Oxnard, have had the experience of walking into Oxnard PD on a Saturday night to personally visit the watch commander?

Comments

[Scott]

Darin, I couldn't find any info specific to this in the websites of Oxnard's PD or city council. But think it may be better to have some restriction in an ordinance as to what a PS uniform can't look like, such as "No all dark blue" or "No all khaki and no khaki over green", rather than rather than putting each case in the hands of the chief of police (doesn't he have more important things to worry about anyway?).

As for forwarding reports of crime, that's just plain common sense and being a good neighbor. Someone in trouble sees a guy wearing a badge and a radio, it's natural that the SG would be asked for help. Most SG want to help the community and add to the good in the world. Odd that this would be a concern at all.

[keoni]

Here it is Scott.

 





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DRAFT: CITY OF OXNARD PRIVATE SECURITY CODE · PAGE 2
CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
OXNARD ADDING SECTIONS ___ TO CHAPTER __ OF THE
OXNARD CITY CODE RELATING TO THE REGULATION
OF PRIVATE PATROL OPERATORS, SECURITY OFFICERS
AND PROPRIETARY PRIVATE SECURITY OFFICERS.
WHEREAS, California Business and Professions Code section 7583.38i authorizes the
City to regulate the uniforms used by uniformed employees of private patrol operators; and
WHEREAS, the City desires to regulate the uniforms used by uniformed employees of
private patrol operators, security officers and proprietary private security officers so as to clearly
distinguish said uniforms from those used by peace officers.
NOW, THEREFORE, the City Council of the City of Oxnard does ordain as follows:
Part 1. Chapter __, Sections ____, inclusive, of the Oxnard City Code are hereby added
to read as follows:
“ARTICLE . REGULATION OF PRIVATE PATROL OPERATORS,
SECURITY OFFICERS AND PROPRIETARY PRIVATE SECURITY OFFICERS.
Sec. . Definitions.
For purposes of this chapter, unless otherwise apparent from the context, certain words
and phrases used in this chapter are defined as follows:
(a) “Authorized uniform” is uniform apparel worn by security officers or proprietary
private security officers that is dissimilar in appearance, color or combination of colors to
the peace officer uniform worn by Ventura County law enforcement agencies. Authorized
uniform apparel does not include badges or patches as both are regulated by the
Department of Consumer Affairs, Bureau of Security and Investigative Services, pursuant
to the Business and Professions Code.
(b) “Peace officer” as defined by California Penal Code section 830 et seq.
(c) “Private patrol operator” as defined in California Business and Professions Code
section 7582.1(a).ii
(d) “Proprietary private security officer” as defined in California Business and
Professions Code section 7574.1.iii
(e) “Security guard” or “security officer” as defined in California Business and
Professions Code section 7582.1(e).iv
DRAFT: CITY OF OXNARD PRIVATE SECURITY CODE · PAGE 3
(f) “Security services” refers to the duties of an individual or organization paid to protect
persons or property or to prevent the theft on or about the premises owned or controlled
by a customer or business.
(g) “Special uniform” is uniform apparel worn by proprietary private security officers and
approved by the Chief of Police on a case-by-case basis. While the apparel may be
unique in design, it must be distinctive and clearly identifies the individual as a security
officer.
Sec. . Uniforms.
(a) Unless otherwise authorized by the Chief of Police, security officers and proprietary
private security officers shall only wear authorized uniforms.
(b) The Chief of Police may authorize special uniform apparel for proprietary private
security officers.
Sec. . Determination of security services.
(a) The Chief of Police may determine that certain job functions require public
interaction and constitute security services.
(b) The Chief of Police may further determine that certain job functions are tantamount to
security services and require the wearing of uniform apparel while interacting with the
public.
(c) If the wearing of uniform apparel is required by the Chief of Police while providing
security services, compliance with the provisions of the California Proprietary Security
Services Act (Division 3, California Business and Professions Code, Chapter 11.4) is
mandated.v
Sec. . Reports of violations of laws.
Security officers or proprietary private security officers shall make a report to the Police
Department of any felony crimes observed or reported by a third party. Such report may
be made by telephone or personal visit to the watch commander or other person charged
with receiving reports of law violations.
Sec. . Implementation.
Unless otherwise noted, all sections of this ordinance become effective and enforceable
90 days after adoption,
Part 2. Within fifteen days after passage, the City Clerk shall cause this ordinance to be
published one time in a newspaper of general circulation within the City. Ordinance No.
__ was first read on ___, 2008, and finally adopted on ___, 2008, to become effective
thirty days thereafter.
DRAFT: CITY OF OXNARD PRIVATE SECURITY CODE · PAGE 4
i
A city, county, or city and county may regulate the uniforms and insignias worn by uniformed employees of a
private patrol operator and vehicles used by a private patrol operator to make the uniforms and vehicles clearly
distinguishable from the uniforms worn by, and the vehicles used by, local regular law enforcement officers.
i
i A private patrol operator, or operator of a private patrol service, within the meaning of this chapter is a person,
other than an armored contract carrier, who, for any consideration whatsoever:
Agrees to furnish, or furnishes, a watchman, guard, security officer, 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 a
watchman, guard, security officer, or other person, for any of these purposes.
i
ii A proprietary private security officer, as used in this chapter, is 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, and who
meets both of the following criteria:
(a) Is required to wear a distinctive uniform clearly identifying the individual as a security officer.
(b) Is likely to interact with the public while performing his or her duties.
i
v A security guard or security officer, within the meaning of this chapter, is an employee of a private patrol operator,
or an employee of a lawful business or public agency who is not exempted pursuant to Section 7582.2, who
performs the functions as described in subdivision (a) on or about the premises owned or controlled by the customer
of the private patrol operator or by the guard's employer or in the company of persons being protected.
v
7574. This chapter may be cited as the Proprietary Security Services Act.
7574.1. A proprietary private security officer, as used in this chapter, is 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, and who
meets both of the following criteria:
(a) Is required to wear a distinctive uniform clearly identifying the individual as a security officer.
(b) Is likely to interact with the public while performing his or her duties.
7574.2. A person who meets the definition of a proprietary private security officer shall register with the Department
of Consumer Affairs, subject to the adoption of reasonable rules by the director. Those rules shall include, but are
not limited to, the following criteria:
(a) Background checks as described in Section 7583.9.
(b) Payment of an application fee.
7574.3. Section 7574.2 shall apply on and after July 1, 2006, to any person hired as a proprietary private security
officer on and after January 1, 2006. For a person hired as a proprietary private security officer before January 1,
2006, the section shall apply on and after January 1, 2007.