1970-025AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCFS OF
THE CITY OF DENTON, TE~S BY ADDINC NFW ARTICLF III TO SAID
CHAPTER, PROVIDING A DEFINITION OF "STREFT PATROL SERVICE OPE-
RATOR" AND "STREET PATROL SPECIAL OFFICER", PROVIDINC FOR THE
REGISTRATION OF STREET PATROL SFRVICF OPERATORS AND STREFT PAT-
ROL SPFCIAL OFFICERq" PROVIDING A MEANS OF MAKING APPLICATION
FOR SUCH REGISTRATION, PROVIDING FOR AN INVESTIGATION PURSUANT
TO THE ISSUANCE OF SUCH A REGISTRATION, PROVIDING THE AUTHORITY
FOR THE CITY SECRETARY TO ISSUE SUCH RFGISTRATIONS, PROVIDING
FACT6RS TO BE TAKEN INTO CONSIDERATION BY THF CITY SFCRETARY IN
THE ~SSUANCE OF SUCH REGISTRATIONS, PROVIDING FOR A RFGISTRATION
FFE,!~PROvIDING FOR AN APPFAL TO THF CITY COUNCIL ON THOqF APPLI-
CATIONS REFUSED BY THE CITY SECRETARY, PROVIDINC THF DUTIES OF
THE POLICE DEPARTMENT IN THE PROCESSING AND GRANTING O~ SUCH REC-
ISTRATION, PROVIDING CERTAIN DUTIES FOR THOSE RFCISTERED UNDER
THIS ARTICLE, PROVIDING FOR THE REVOCATION OF STRFFT PATROL SPF-
CIAL OFFICERS' REGISTRATION BY THE CITY SECRETARY, PROVIDING FOR
A SAVINGS CLAUSE, PROVIDING FOR A FINF NOT TO EXCFED TWO HUNDRED
($200 00) DOLLARS, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
That Chapter 18 of the Code of Ordinances of the C~t¥ of
Denton, Texas, is hereby amended by adding new Artlcl¢ III to
said Chapter, being qect~ons 18-30 through Section 18-38 which
shall hereafter ~ead as follows
ARTICLE III - STREET PATROL SERVICE OPFRATOP AND STREET
PATROL SPECIAL OFFICER
Section 18-30 Street Patrol ~erv~ce Operator and Street
Patrol Speclal Officer Defined
The term "Street Patrol Service Operator", a~ used here~n
shall mean any person, f~rm or corporation who furn~she~ or
agrees to furnish a Street Patrol gpec~al Officer to protect per-
sons or property or to prevent theft, loss, embezzlement, mas-
appropriation, or concealment of any goods, wares, merchandise,
money, bonds, stocks, notes, document~, papers or property of
any k~nd
The term "Street Patrol Special Officer", as used here~n,
shall mean any person who performs the servlces of a watchman,
guard, patrolman or other person for a gtreet Patrol qerv~ce Oper-
ator, lnclud~ng a gtreet Patrol ~ervlce Operator who actually per-
forms these services but excluding off~ce personnel who do not
actively engage in such services
~ectlon 18-31 Registration Required
No person, firm or corporation shall engage in the business
of a Street Patrol Servlce Operator seeking to protect two or
more establishments, unless the property of the same person,
either residence or business, within the City without first
having been licensed by the State of Texas and having been
Registered with the Police Department of the City of Denton
No person shall perform the services of a Street Patrol
Special Officer as defined in this Code, w~thout first having
been registered therefor Such Peglstrat~on will be granted
for those services offered by a Street Patrol Service Oper-
ator and such Registration shall be renewed each time a Street
Patrol Special Officer changes his place of employment from one
Street Patrol Service Operator to another
Section 18-32 Same - Application and Investigation
Every person, firm or corporation that desires to engage
· n the business of a Street Patrol qervlce Operator and any per-
son who desires to engage in the services of a Street Patrol
Special Officer, as heretofore defined, shall make application
upon a form to be furnished by the Chief of Police of the City,
which shall lnclude, among other th~ngs, the following ~nfor-
matlon, and which shall be sworn to
The trade name of the Street Patrol Service Operator,
The address of the Street Patrol Service Operator or
Street Patrol gpeclal Officer,
The ownership of the business engaging in qtreet Patrol
Service,
The extent of the area in which the bus~ness is to be
operated,
Whether or not the applicant has ever been convicted of
a felony or has a Police record,
The age of the applicant,
If the application is by a corporation, ~t shall be sign-
ed by a duly authorized officer, and
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If the application ls bv a partnership, the application
shall be signed and verified by each ~ndlv~dual compos-
ins or ~ntend~nq to compose such f~rm or partnership
Upon the f~llng of an application for a RegIstration as a
Street Patrol Service Operator or for a Street Patrol Special
Officer, properly filled out, the Chief of Police of the City
of Denton shall make or cause to be made such investigation as
he may deem necessary The Chief of Police shall, w~th~n ten
(10) days, forward the application w~th h~s recommendation to
the C~ty Secretary
Section 18-33 Same - Actlon by Clty Secretary, Issuance
of Registration
The City Secretary shall have authority to grant the Regist-
ration of a Street Patrol ~erv~ce Operator and the Street Patrol
Special Officer w~thout further ~nvest~qatlon or shall have the
authority to cause further ~nvest~gat~on to be made before granting
same or to dlsapprove the application for such registration
Should the C~ty Secretary f~nd that applicant has been convicted
of a felony, has made a false application for such reglstrat~on
or has not reached the age of twenty-one (21) years, the regist-
ration wlll be d~sapproved Upon the granting of any registration
by the City Secretary, ~t shall be the duty of the applicant to
make immediate payment of the registration fee, to the C~ty Secre-
tary, after which the C~tv Secretary w~ll forthwith ~ssue the pro-
per registration
Section 18-34 Same Factors to be considered by City
Secretary
In approving or disapproving any application for Regist-
ratIon as a Street Patrol Service Operator as a Street Patrol
Special Officer, the Clty Secretary shall consider the follow-
lng factors
(a) Whether the applicant has been convicted of a felony
(b) Whether the applicant is of good moral character and
has a reputation for being a peaceful law-ab~d~ng
citizen
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(C) Whether the applicant was a former member of the
Police Department or formerly employed as a Street
Patrol Special Officer and was released for cause
(d) Upon application for the renewal of any Registration
whether the appllcant has violated any of the pro-
v~slons of this Article during the year next preced-
ing the f~l~ng of h~s application
(e) Such other lawful matters as he considers pertinent
and proper in arriving at a fair and lawful concluslon
w~th respect to such application
Section 18-35 Same - Fee
In order to defray a part of the expense necessary to pro-
v~de the surveillance, supervision and ~nspectlon of tho~e per-
sons Registered under the terms of this Artlcte, there is here-
by fixed a fee of F~fty ($50 00) Dollars for the ~suance of any
Street Patrol ~ervlce Operator Registration, and a fee of Ten
($10 00) Dollars for the issuance of any Registration as a Street
Patrol Special Officer
Section 18-36 Appeal to City Council
Upon the refusal of the C~ty Secretary to approve an appl~-
cat~on for Registration as a Street Patrol ~ervlce Operator or
for a Street Patrol Special Offlcer, the applicant may w~th~n
ten (10) days thereafter appeal to the Clty Councll, which shall,
w~thln thirty (30) days thereafter accord to such applicant a
hearing as to whether or not such registration should be granted
Section 18-37 Duties of persons Registered under th~s
article
It shall be the duty of all persons who are Reglstered under
the provisions of th~s Article to
(a) Street Patrol Service Operators w~ll f~le a written
report to the Chief of Police each day setting out
the arrests made by their employees
(b) Ail Street Patrol Special O~f~cers employed by a
Street Patrol Service Operator shall wear ~dent~cal
uniforms, %ncludln~ caps or hats, Provided, however,
that ~treet Patrol Special Officers whale on duty as
a watchman, guard, patrolman or security officer ~or
a particular p~ece of property or building, may wear
c~vll~an ~lothes while on such particular p~ece of
property or building
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(c) Un~forms, badges and cap pieces, when required, shall
be of a design approved by the Chief of Police and
each Street Patrol Special Officer shall wear his
badge over h~s left breast and wear his cap piece in
the front center of his cap or hat Before approval
by the Chief of Police, it w~ll be necessary for each
Street Patrol Service Operator to submit two (2) pass-
port size color photographs of the un~form, badge and
cap p~ece to be worn by the gtreet Patrol Special
Officers in h~s employ, one of such photographs to be
a front view and the other to be a left profile, show-
lng the shoulder patch
(d) When allowed to carry arms, to do so only when on duty
at the premises or district guarded, or when going
directly to and from such premises or d~str~ct
(e) Obey order~ of the Chief of Police ~n an emergency
(f) All Street Patrol Special Officers shall carry their
reglstratlon on their person at all tlmes when on duty
Section 18-38 Registrations
Ail Registrations issued to Street Patrol Special Officers,
as defined an thls Article, shall be ~ssued for the particular
perlod of t~me stated an such Registration and the same shall be
invalid after the explrat~on of such time, provided that the
C~ty Secretary may revoke any Registration ~sgued to any Street
Patrol Special Officer w~thout not~ce or hearing No person
shall exercise any Police Powers under such Registration after
such revocation
Nothing ~n thlg Art~cte shall be so construed as to render
any such "Street Patrol Service Operator" or "Street Patrol
Special Officer" as defined here~n, to be an employee of the
C~ty or so as to subject any such "Street Patrol Service Operator"
or "Street Patrol Special Officer" to the discipline of the C~ty
Police Department, or so as to create any r~ghts or liabilities
for any such "Street Patrol gervlce Operator" or "Street Patrol
Special Officer" under the Flremen's and Pol~cemen's Civil Ser-
vice Act, and no such Street patrol Service Operator" or "Street
Patrol Special Officer" shall be entitled to any compensatIon from
the C~ty, for any act performed, or any liability or ~nJur¥ ~n-
curred ~n the performance of his duties, it being the purpose and
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intent of this Article only to impose local regulations and imple-
ment registration procedures authorized the City by Section 14
(b) of Vernon's Annotated Civil Statutes, Article 4413-29bb
Section II
It is hereby declared to be the intention of the City Council
that if any of the sections, paragraphs, sentences, clauses, or
phrases of this ordinance shall be declared unconstitutional or
invalid by any judgment or decree of any court of competent juris-
diction, such unconstitutionality or invalidity shall not effect
any other remaining phrases, clauses, sentences, paragraphs or
sections of this ordlnance, since the same would have been enact-
ed by the Clty Council wlthmut the incorporation in this ordinance
of any unconstitutional or ~nvalld phrases, clauses, sentences,
paragraphs or sections
Section III
Any person who violates any provlslon of this Ordinance
shall be deemed guilty of a misdemeanor, and, upon conviction,
shall be punished by a f~ne not to exceed Two Hundred ($200 00)
Dollars Each day such v~olatlon shall contlrue or be permitted,
shall be treated as separate offen~e
Section IV
That th~s ordlnance shall take effect fourteen (14) days
from the date of ~ts passage, and the C~ty ~e(retary is herebv
directed to cause the caption of this ordlnan(~e to be publlshed
twice in the Denton Record-Chronicle within t~n (10) days of
the date of its passage // ~/~,
PASSED AND APPROVED this the .. day of .,
A D 1970
~ Fi [LAY, JR , MAYOR
CITY OF DENTON, TEXAS
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ATTEST
/'7
B~RDOKS HOLT, 'CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO~ LEGAL FORM
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