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The Chief of Police may refuse registration if it is found that the applicant or any person financially interested in the operation of the fixed patrol business or street patrol business is a person of bad moral character. For this purpose the Chief of Police may, in his discretion, consider any facts or evidence which he believes is relevant and will reflect on the moral fitness and reputation of those who will be in charge of such fixed patrol or street patrol business.
Should the Chief of Police refuse registration, the applicant for a street patrol business or private patrol business may appeal in the same manner as provided for revocation in Section 1750.12 of this Article.
Upon granting the registration application, the Chief of Police, or the Police Commission on appeal, shall designate the portion or portions of the City and County of San Francisco within which such street patrol business may be carried on, and shall specify therein such other reasonable additional requirements imposed upon applicant as are necessary to meet local needs and are not inconsistent with the provisions of the California Business and Professions Code; provided, however, that no person shall be allowed to register as a fixed patrol business or a street patrol business who is not licensed under the provisions of said Code. Such registration shall be disapproved where the territory sought has been allocated to a patrol special officer appointed pursuant to Section 3.536 of the Charter of the City and County of San Francisco; provided, however, such patrol special officer shall not be licensed as a fixed patrol operator.
(Added by Ord. 312-72, App. 11/2/72)
Upon granting the registration application, the registrant shall furnish the Chief of Police with the names of those who are or will be engaged in street patrol, on a form provided therefor. The form shall contain the following information:
(a) The true name and address of the employee.
(b) The date of birth and citizenship of such person.
(c) The past criminal record, if any, of such person as stated by the employee, including a signed statement of the employee that the information in (a), (b) and (c) is true and correct.
(d) The fingerprints of such person.
(e) The serial number and description of each firearm owned by such employee and carried in the course and scope of his duties.
(f) Such other information as may be deemed relevant by the Chief of Police or Police Commission.
(g) Recent photograph of such employee.
Upon receipt of the names of the employees who will be engaged in street patrol service, the Chief of Police shall conduct such investigation as he may deem necessary and proper as to the character and morals of the employee. Should the Chief of Police, after a noticed hearing, find that the character and morals of such employee are such as to constitute a danger to the public if said employee were to be utilized in street patrol services, the registrant shall not thereafter utilize such employee for street patrol service.
Any applicant for registration under this Section who is dissatisfied with the decision of the Chief of Police may file an appeal with the Secretary of the Police Commission within five days. The Police Commission shall thereupon fix a date for hearing the appeal which date shall not be more than 10 days from the date of filing said appeal. The Police Commission may affirm, modify or reverse the decision of the Chief of Police.
(Added by Ord. 312-72, App. 11/2/72)
Upon granting the registration application, the Chief of Police shall require the registrant to furnish the names of employees of the registrant who are or will be engaged in fixed patrol on a form provided therefor and shall contain the same information as required in Section 1750.6 of this Article.
Upon receipt of the names of the employees who will engage in fixed patrol services, the Chief of Police shall conduct such investigation as he may deem necessary and proper as to the character and morals of the employee. Should the Chief of Police, after a duly noticed hearing, find that the character and morals of such employee would constitute a danger to the public if said employee were to be utilized in fixed patrol services, the registrant shall not thereafter utilize such employee for fixed patrol service.
Any applicant for registration as a fixed patrol employee who is dissatisfied with the decision of the Chief of Police may appeal as provided in Section 1750.6 of this Article.
A fixed patrol business registered under this Article may utilize an employee without complying with Section 1750.7 of this Article for a period not exceeding two weeks where, because of any event described in Section 409.5 of the Penal Code of the State of California or because of an extensive public gathering, the services required of the fixed patrol business cannot be performed without an immediate increase of personnel. Such fixed patrol business shall, not later than completion of the employee's first tour of duty, notify the Chief of Police in writing of the names of the employees so utilized and justification of their use without complying with Section 1750.7 of this Article.
(Added by Ord. 312-72, App. 11/2/72)
Private Watchman as defined in Section 1750.3 of this Article shall register with the Chief of Police and shall furnish the Chief of Police, in writing, the name, address and telephone number of his employer and his hours of duty. Each private watchman shall immediately notify the Chief of Police, in writing, of the termination of his employment. No person, firm, corporation or partnership shall hire a private watchman unless such watchman is appointed by the Chief of Police under authority of Section 3.535 of the Charter.
(Added by Ord. 312-72, App. 11/2/72)
Should the Chief of Police or Police Commission have no objection to the employment of an employee of a street patrol business, a fixed patrol business, or as a private watchman, the Chief of Police shall furnish the employer within 15 calendar days of approval of the application, Sundays and holidays excluded, an employee's identification card, which shall contain a photograph of the employee, with the registration number in figures plainly discernible. The Chief of Police shall determine the manner and form of any other information that may be placed upon such identification card, which must be in the possession of the employee at all times during his hours of employment, and shall be produced for inspection upon request of the Chief of Police or his duly authorized representative.
(Added by Ord. 312-72, App. 11/2/72)
The registrant, within 10 days after the termination of any employee engaged in street patrol services or fixed patrol services, shall notify the Chief of Police in writing of such termination and the employee shall immediately deliver his identification card to the Chief of Police.
(Added by Ord. 312-72, App. 11/2/72)
No person shall, in connection with the operation of a fixed patrol business, street patrol business, or any private watchman, either as a registrant or employee:
(a) Titles. Knowingly use the title, "S.F. Police Officer," "Police Officer," "Special Police or Special Officer," "Sheriff," "Deputy Sheriff," or any other title or designation whatever, which is calculated to indicate an official connection with the Police Department or Sheriff's Office of the City and County of San Francisco, or with the police force of any other government or governmental agency.
(b) Operation. Knowingly represent himself, or falsely represent another, to be a member of the Police Department or the Sheriff's Office of the City and County of San Francisco or use any sign, word, language or device, which is calculated to induce a false or mistaken belief that he is acting or purporting to act on behalf of said department or office of the City and County within the scope or any real or purported duty thereof.
(c) Collections. Knowingly use any sign, badge, title or designation, or make any express or implied representation, which is calculated to induce the belief that he is a member of the Police Department or the Sheriff's Office of the City and County, or connected therewith in any way, in connection with any activity directed toward the collection of any money or debt, or the repossession, recovery or taking of anything of value, or for any purpose of private gain whatsoever.
(d) Uniforms. Knowingly wear any uniform designed to resemble so closely the uniform worn by the Police Department, Sheriff's Office or the California Highway Patrol as reasonably to induce the belief that he represents or is employed by the Police Department, the Sheriff's Office or the California Highway Patrol.
(e) Vehicles. Knowingly use any vehicle which is colored or has affixed thereon any sign, badge, title or device that would reasonably induce the belief said vehicle was being operated by the Police Department, Sheriff's Office, California Highway Patrol, or any agency or local, State or Federal government.
(Added by Ord. 312-72, App. 11/2/72)
The Chief of Police may revoke any registration issued hereunder after a notice of hearing when the applicant or registrant is in violation of any of the provisions of this Article, or of the Business and Professions Code of the State of California, or any rules promulgated by the Chief of Police regulating fixed patrol business, street patrol business or private watchmen.
In the event that any registration is revoked, or is refused by the Chief of Police, an appeal may be filed with the Police Commission within 30 days after date of said decision. Notice of said revocation or refusal shall be served upon the registrant or applicant by depositing a true copy thereof, with postage fully paid, in the United States mail addressed to the registrant at his last known address, within three days from the date of action of the Chief of Police. Any appeal must be in writing filed with the Secretary of the Police Commission and served personally or by mail upon the Chief of Police, or his duly authorized representative appointed for said purpose, by the registrant or applicant.
The Police Commission shall by resolution fix a date for hearing said appeal and designate the time and place where such hearing is to be held, which date shall be not more than 14 days from the date of the filing of the appeal. The Secretary of the Police Commission shall give notice of said hearing to the registrant or applicant in the same manner as required for notice of revocation or refusal of registration, but not less than 10 days prior to the date of said hearing.
The registrant so notified of the revocation hearing may continue to operate the fixed patrol or street patrol business pending the revocation hearing before the Police Commission, unless in the judgment of the Chief of Police such operation would adversely affect the public interest, in which event the order of the Chief of Police will be effective five days from the date of service of such order.
At any such hearing, the registrant or applicant shall be given the opportunity to defend himself, and may call witnesses, be represented by counsel and present evidence in his behalf. The Chief of Police or his representative shall attend the hearing.
It shall require a majority vote of the membership of the Police Commission to overrule the decision of the Chief of Police.
(Added by Ord. 312-72, App. 11/2/72)
The Chief of Police may disregard any conviction for which the applicant was required to register pursuant to Section 290 of the Penal Code of the State of California if he finds that the applicant has fully completed any sentence imposed because of such conviction and complied with any conditions imposed because of such conviction, that the completion of said sentence, probation, parole, or any conditions whatsoever as a result of such conviction, has occurred at least three years prior to the date of application and that the applicant has not subsequently been convicted of any of the crimes herein mentioned or suffered any subsequent felony convictions of any nature whatsoever.
(Added by Ord. 312-72, App. 11/2/72)
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