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For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOY or HIRE. Assigned or employed directly or indirectly by such business whether part-time, temporary or on a permanent basis regardless of whether the guard is an employee of such business or is employed by a contractor engaged in offering armed security guard services as permitted in M.G.L. Chapter 147, Section 22-30.
(CBC 1985 17-17.4; Ord. 2010 c. 1)
(A) Pursuant to M.G.L. Chapter 40, Section 21 and in order to preserve the peace and good order in such public places so as to protect the public safety and maintain the discipline of the internal Police, the Police Commissioner is hereby authorized to require private armed security guards or watchmen employed or assigned in the city openly and in the presence of the general public as described in Subsection 17-17.6, to be licensed by the Police Commissioner as a special Police Officer. This requirement for licensure as a Special Police Officer by the Police Commissioner shall not apply to armed security guards who are employed in the capacity of a commonwealth-licensed Special Police Officers pursuant to M.G.L. Chapter 22C, Sections 51—68, or those otherwise exempted by Subsection 17-17.2.
(B) On the application of any individual that the Police Commissioner may deem suitable for licensure as a Special Police Officer, such individual shall serve without pay from the city, and the corporation or person employing such individual as a Special Police Officer under this Section shall be liable for the official misconduct of the Officer licensed on such application, as for the torts of any servant or Agent in the employ of such corporation or person.
(C) A Special Police Officer shall have the power of Police Officers to preserve order and to enforce the laws and ordinances of the city, in and about any public place as defined in Subsection 17-17.2, for which he or she is hired as an armed security guard or watchman to serve openly in the presence of the public as described in Subsection 17-17.7.
(CBC 1985 17-17.5; Ord. 2010 c. 1)
A Special Police Officer licensed under the provisions of this Section shall seek renewal of such license annually. The Police Commissioner may annually renew and may at any time for cause, after notice and a hearing, revoke any such license. An application for a renewal shall be on a form furnished by the Commissioner.
(CBC 1985 17-1.6; Ord. 2010 c. 1)
This Section shall apply only to private armed security guards or watchmen whose assignment is to guard persons or property openly in the presence of the general public in a public place and who are not otherwise exempt under this Section.
(CBC 1985 17-17.7; Ord. 2010 c. 1)
The Boston Police Department shall have the authority to promulgate rules and regulations necessary to implement and enforce this Section pursuant to M.G.L. Chapter 40, Section 21D. Pursuant to St. 1949, c. 222, the Police Commissioner may charge an appropriate fee for such services attendant to the registration and licensure process.
(CBC 1985 17-17.8; Ord. 2010 c. 1)
The provisions of this Section regarding registration of businesses and armed security guards shall become effective within 180 days after passage; however, the provisions of Subsection 17-17.5 regarding licensure as special Police Officers for armed security guards shall become effective 30 days after the Police Commissioner promulgates regulations consistent with this Section.
(CBC 1985 17-17.10; Ord. 2010 c. 1)
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