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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)
The applicant, prior to registering as a fixed patrol business, or a street patrol business, or any firm, person, partnership or corporation hiring more than two private watchmen as defined in Section 1750.3 of this Article, must present evidence of insurance in the following amounts:
(1) Workmen's Compensation and Employers' Liability Insurance to cover the applicant's employees, as required by the Labor Code of the State of California.
(2) Comprehensive bodily injury and property damage liability insurance, including automobile liability and including liability for assault and battery, false arrest, false imprisonment, malicious prosecution, libel and slander, and invasion of privacy. This insurance shall provide limits of liability of not less than $200,000 for injury to each person and $300,000 for each occurrence and $50,000 for property damage. Any comprehensive bodily injury and property damage liability insurance policy or policies shall include the City and County of San Francisco, its officers and employees as an additional named insured, in the event any person shall charge or allege that the City and County of San Francisco, its officers or employees are liable or responsible for any act or conduct of the fixed or street patrol business whether by respondent superior or any other legal theory, and shall contain the following endorsement:
"Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of San Francisco shall be primary as to any other insurance or reinsurance covering or available to the City of San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the appropriate limit of liability afforded hereunder is exhausted."
Each of said policies of insurance shall contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled, nor the amount of the coverage reduced, until ten days after receipt by the City Attorney of the City and County of San Francisco of a written notice of such cancellation or reduction of coverage, as evidenced by receipt of a registered letter."
All certificates of insurance must be approved as to form by the City Attorney of the City of San Francisco.
(Added by Ord. 312-72, App. 11/2/72)
Every person, firm, or corporation registering as a fixed patrol business or as a street patrol business shall pay to the Tax Collector a registration fee of $100 annually, payable in advance.
The registration fee prescribed in this Article is due and payable on a yearly basis, starting January 1, 1973. Fees for new registrations issued after the first day of January, 1973, or in any subsequent calendar year, shall be prorated with regard to the calendar year on a monthly basis.
(Added by Ord. 312-72, App. 11/2/72)
This Article does not apply to private investigators as defined in Section 7521(a) of the Business and Professions Code of the State of California, to insurance adjusters as defined in Section 7521(d) of the Business and Professions Code of the State of California, or to repossessors as defined in Section 7521(e) of the Business and Professions Code of the State of California.
(Added by Ord. 31-272, App. 11/2/72)
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional or invalid or ineffective.
(Added by Ord. 312-72, App. 11/2/72)
The provisions of Section 1750 of this Article shall not be effective for 60 days from the effective date of this Article as it relates to registration of a fixed patrol business or street patrol business.
(Added by Ord. 312-72, App. 11/2/72)
It shall be unlawful for any armed guard, while in any place in the City and County of San Francisco, to draw or exhibit other than in a holster any firearm except in lawful response to an actual and specific threat to a person or persons.
(Added by Ord. 312-72, App. 11/2/72; amended by Ord. 218-23, File No. 230708, App. 11/3/2023, Eff. 12/4/2023)
It shall be unlawful for any person, corporation, partnership, or association which employs or utilizes armed guards to require, allow or permit any such guard, while in any place in the City and County of San Francisco, to draw or exhibit other than in a holster any firearm except in lawful response to an actual and specific threat to a person or persons. In any prosecution for violation of this Section 1750.20, proof that such person, corporation, partnership, or association did not, at the time a guard unlawfully drew or exhibited a firearm, have a written rule prohibiting such acts, shall be prima facie evidence that such person, corporation, partnership or association required, allowed or permitted such conduct.
(Added by Ord. 312-72, App. 11/2/72; amended by Ord. 218-23, File No. 230708, App. 11/3/2023, Eff. 12/4/2023)
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