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The Director of Public Safety may designate the property or the geographical area of the City within which an armed security guard commissioned by the City may exercise his or her authority.
Commissioned armed security guards shall not obtain search warrants or warrants for arrest or perform any other specific function which the Director of Safety may, by rules and regulations, reserve exclusively to the Division of Police or which are exclusively reserved by the ordinances of the City and the City Charter to the Division of Police.
Commissioned armed security guards shall exercise their authority consistent with all applicable federal, state, and local laws.
(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)
Note: Former Section 670.14 was repealed by Ord. No. 1235-03, passed 12-15-03, eff. 12-22-03.
In no event shall a commissioned armed security guard use or carry any type of firearm other than a thirty-eight (.38) caliber revolver or a nine (.9) mm semi-automatic pistol, provided that the guard shall not carry or use a nine (.9) mm semi-automatic pistol unless the guard has first completed at least thirty-two (32) hours of training in handgun use approved by the Ohio peace officer training commission and presents to the Director of Public Safety a certificate of satisfactory completion of the course of study.
If a commissioned armed security guard discharges his or her firearm in the City other than at a training range, then the guard shall report that fact to the Division of Police immediately after the incident and to the Director of Public Safety, in writing, the same or next business day.
Nothing in this chapter shall relieve a person from the provisions and prohibitions contained in RC 2923.12 relating to carrying a concealed weapon, or any other federal, state or local law with respect to the possession or discharge of firearms.
(Ord. No. 1744-08. Passed 4-13-09, eff. 4-20-09)
If a commissioned armed security guard is arrested or charged with any felony offense, or any offense of violence as defined in RC 2901.01, then the guard shall report that fact to the Director of Public Safety, in writing, within two (2) business days of the arrest or charge. If convicted of any such charge, then the commissioned guard shall also report that fact to the Director of Public Safety, in writing, within two (2) business days of the conviction.
(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)
Note: Former Section 670.16 was repealed by Ord. No. 1235-03, passed 12-15-03, eff. 12-22-03.
Any commission issued under this chapter is subject to suspension or revocation if the holder of the commission:
(a) Has violated any of the provisions of this chapter; or
(b) Has violated any rule or regulation issued by the Director of Public Safety under Section 670.19; or
(c) Was unqualified at the time of the issuance of the commission; or
(d) Has become unqualified and would be denied a commission if he or she was then submitting an application; or
(e) Has provided incomplete or untruthful information in connection with the application for a commission; or
(f) Has given a false statement to a law enforcement officer; or
(g) Has committed any criminal offense that would have been grounds for denial of the commission originally, and the same is found to be true by a preponderance of the evidence at a hearing conducted in accordance with Section 670.18, whether or not the person is ultimately convicted of the offense.
(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)
Note: Former Section 670.17 was repealed by Ord. No. 1235-03, passed 12-15-03, eff. 12-22-03.
The Director of Public Safety, upon the complaint of any person, or upon the Director’s own information or belief, shall investigate any allegation that a commissioned armed security guard has committed an act that constitutes grounds for suspension or revocation of a commission issued under this chapter.
If the Director finds that there is probable cause to believe there is grounds to suspend or revoke a commission, the Director shall give the holder of the commission notice and an opportunity to present evidence on his or her behalf, with or without assistance of an attorney. The strict rules of evidence applicable in courts of law shall not apply.
If the Director finds that the allegations are true by a preponderance of the evidence, then the Director shall suspend or revoke the commission in question.
A person whose commission is suspended or revoked may appeal the decision to the Board of Zoning Appeals within thirty (30) days of the date of the decision by filing a written notice of appeal with the Director and paying any fee charged by the Board to conduct the appeal.
(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)
Note: Former Section 670.18 was repealed by Ord. No. 1235-03, passed 12-15-03, eff. 12-22-03.
The Director of Public Safety is authorized to issue rules and regulations to carry out the purposes of this chapter. Any such rule or regulation shall take effect thirty (30) days after its publication in the City Record.
(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)
Note: Former Section 670.19 was repealed by Ord. No. 1235-03, passed 12-15-03, eff. 12-22-03.
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