A. Required: It is unlawful for any person to act as a constable in the city unless he has a valid business license in full force and effect as required by chapter 1, article A of this title.
B. Exemptions: The provisions of this chapter shall not apply to any constable appointed by a political subdivision other than the city to provide constable services for that jurisdiction.
C. Application: An application for a constable license shall be made to the business license coordinator and shall state thereon the name of the applicant, the office location, and the names of all deputy constables deputized by the constable. The applicant shall provide proof of certification as a special function officer in the state for the licensee and all deputy constables deputized by the constable. The applicant shall provide proof of insurance to be approved by the city attorney as fulfilling the requirements of subsection D of this section. No license shall be issued to any person who has not been appointed as a constable by the city council pursuant to Utah Code Annotated section 17-25a-1.
D. Insurance Requirements: The license applicant shall agree to hold the city, its officers, employees and agents harmless and to indemnify and defend the city, its officers, employees and agents, against all claims, liability, loss, damage, or expense, including attorney fees, arising out of the performance of constable services by the licensee, the licensee's agents, employees or subcontractors, or any deputy constable deputized by the licensee. Applicant shall maintain a commercial general liability insurance policy with minimum limits of liability of one million dollars ($1,000,000.00) per occurrence for bodily injury, personal injury, and property damage. Any deductible or self-insured retention must be declared to and approved by the city. A current certificate of insurance must be kept on file with the business license coordinator verifying continuing coverage and naming Ogden City as an additional insured. The certificate shall provide thirty (30) days' written notice to the city upon cancellation, nonrenewal, or material change in the policy.
(Ord. 2001-21, 3-27-2001)
A. Reasons: A constable's license issued under the provisions of this chapter may be revoked or suspended for any of the following reasons:
1. Failure to maintain peace officer certification as required by state law for the constable or any deputy constable employed by the licensed constable;
2. Failure to maintain the required liability insurance; or
3. Withdrawal of the authority to act as a constable by the city council pursuant to Utah Code Annotated section 17-25a-1.
B. Procedure: The procedure for suspension or revocation shall be as provided in chapter 1, article C of this title.
(Ord. 2001-21, 3-27-2001)
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