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HomeMy WebLinkAbout64 - Regulating Patrol Systems and Patrol ServiceORDINANCE NO.i � AN ORDINANCE OF THE CITY OF COSTA MESA RECtTLATING PATROL SYSTEMS AND PATROL SERVICE The City Council of the City of Costa Mesa does ordain as follows: SECTION 1. Definition. "Patrol Systeme and "Patrol Service" include any service or system which furnishes to members, subscribers, or private individuals or residents, for a consideration, any patrolman, guard, or watchman, either uniformed or otherwise, to patrol or guard any district, or to act to salvage, guard, or protect any property from theft, damage, :fire, or other hazard. SECTION 2. Application for Permit. Before any person shall er_gage in the business of operating any patrol service or patrol system, or patrol any area in tho City, he shall make an application, in writing, to the City Council for permission to engage in such business and. describe therein the district in which he desires to operate; provided that an individual watchman nr caretaker working for a single employer in a line of business other than that defined in the preceding Section, shall not be subject to the terms of this Ordinance. SECTION 3. Contents of Application. Said application shall be signed and verified by the applicant, and shall specify his name, business address, residence address, the numbers of any telephones maintained by him, the length of his residence in the City, the location of his last place of business and the name and character of said business, the length of time he was engaged therein and the names and addresses of three persons residing within the City to be used as references. SECTION 4. Bond. Said application must be accompanied by a surety bond in favor of the City, the form of which shall be approved by the City Attorney, and the penal sum of which must be One Thousand Dollars. SECTION 5. Condition of Bond. The condition of such bond must be substantially such that the principal therein named will faithfully conform to each and all ordinances of the City and to each and all laws of the stnte, whether then in force or which may thereafter be adopted, relating; to the business of applicant. SECTION 6. Liability Under Bond. The principal and sureties named in said bond, and their successors and assigns, shall be jointly and severally bound -1- unto the City and unto any and every person aggrieved or damaged by the breach of the conditions of said bond; and said bond shall not be void upon the said recovery but may be sued and recovered upon, from time to time, by any person aggrieved or damaged, until the whole penalty is exhausted. 3310TION Z. Insurance. Business Vehicle. If the applicant intends to or does operate any motor vehicles in the conduct of his business, he shall file with the City Clerk hn insurance policy covering such motor vehicle, which said insurance shall include public liability to the extent of Twenty Five Thousand Dollars for the death or injury of one person, Pifty Thousand Dollars for the death or injury of two or more persons and property damage in the sum of Five Thousand Dollars. $TION B. Investigation. The Council shall cause such an investiga- tion to be made concerning applicant and his application as it shall deem desir- able. The investigation shall include an inquiry into the conditions prevailing within the district designated in any such application and whether such district is already supplied with sufficient patrol service, patrol system, guards or watchmen. SFOTION 9. Permit. If satisfied that the statements and references contained in said application are true and that applicant is a fit and proper person to carry on such business, and if his application has been approved as provided in this Ordinance, and upon applicant's compliance with all the require- ments of this Ordinance, the Council shall cause a Permit to be issued to applicant. SNCTION 10. License, No permit shall be construed to obviate the necessity for obtaining a license to conduct such business from the State, but any person holding a permit and license from the State to conduct such business shall not be required to furnish such bond upon furnishing satisfactory proof to the Council that he is the holder of such a State permit and license, during the time he is the holder of such permit and license, from the State. SNCTION 11. Record of to ee. Said permit holder shall file with the Chief of Police prior to the employment of any person, the description, photograph and fingerprints of such proposed employee accompanied by at least two letters of recommendation. SRCTION 12. Ap=oval IZ� hC ief of Police. Any person employed by a license holder shall be approved by the Chief of Police before being regularly -2- employed, said employee to be removed for any reasonable cause offered by the Chief of Police. SECTION 13. Stvle of Unniform. The Chief of Police shall prescribe the style of uniforms, if any, to be used by said patrol system, patrol service, guards, or watchmen. SECTION 14. Avvroyal of Permit, All permits shall be issued only after being approved and countersigned by the Chief of Police. SECTION 15. Sime. The Chief of Police shall approve such permit only after he has determined that the applicant therefor has complied with the City ordinances and State laws, subject to enforcement by him and applicable to the business of applicant. SECTION 16. Permit Lee* Every person conducting or operating any patrol service or patrol system or patrolling any district in the City shall pay a permit fee to the City of Twenty Five ($25.00) Dollars, pegable in advance. Such permit shall be in effect as long as permitee pays his City license fee and the amount required by the Ordinance setting forth the schedule of license fees or until revoked by the Council or until the permitee fails to comply with the terms of this Ordinance. UOTION 17. Permit Reguired. No person, either as principal, owner or agent, shall engage in the business of operating any patrol service or patrol system, or patrol any district in the City without first obtaining a permit from the City. The Council may issue permits hereunder and limit the same to guard or watchman service as distinguished from roving patrolmen, may delimit the area in which any guard, or watchman service or any patrol service may operate and may prescribe any other limitations, conditions, or regulations which it deems necessary and for the best interests of the City in the issuance or at the time of reconsider- ation of any permit granted. SECTION 18. R610ki Permit. In the event that any person holding a permit under this Ordinance shall, in the judgment of the Council, violate any of the provisions of this Ordinance or fail to comply with any Ordinance or State law applicable to his business, the Council may suspend or revoke his permit. SACTION 19. Notre. No permit under this Ordinance shall be suspended until twenty-four hours after written notice to the holder thereof, which notice may be left at his place of business, or at his residence. Such notice shall state the grounds of the suspension. SECTION 20. HEARING. No permit shall be revoked until a hearing thereon shall. have been had by the Council, notice of which hearing shall be given in writing and served, at least five days prior to the date of the hearing, upon the holder of such permit, his manager or agent, which notice shall state theground of complaint against the holder of such permit, and the time and placevhere such hearing will be had. Such notice shall be served upon the holder of such permit or agent, by deliver- ing the same to such person or to his manager or agent, or by leaving such notice at the place of business or residence of such holder with some adult person. If the holder of such permit cannot be found and service of such notice cnnnot be made upon him in the manner herein provided, then a copy of such notice shall be mailed, postage fully prepaid, addressed to the holder of such permit at such place of business, at least five days prior to the date of such hearing. The time of such notice may be shortened by the Council with the written consent of the holder of the permit. SECTION 21. 'ENACTMENT. This Ordinance, together with the names of the members of the City Council voting for and against the same shall be published once in the Costa Mesa Globe Herald, a newspaper printed and published in the County of Orange, and shall take effect thirty (30) days after final adoption. a t y of Costa Mesa ATTEST: Gam •'• �Jww.✓ City Clerk of the City of Costa Mesa Dated: March 7, 1955 STATE OF CALIFORNIA ) )SS COUNTY OF ORANGE ) I, A. C. SWARTZ, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the 7th day of March , 1955, the foregoing Ordinance was considered. section by section, and that said Ordinance was then passed and adopted as a whole by the following vote: AYES: Councilmen Martin, Nelson, Smith, TeWinkle and Pinkley. NOES: Councilmen - None ABSENT: Councilmen - none IN WITNESS *IEREOF I have hereunto set my hand and affixed the official seal of the City of Costa Mesa this 10th day of March, 1955. A. C. Swartz, City Clerk apfd ex -o icio Clerk of the City Council of the City of Costa Mesa ORDINANCE NO. 146 AN ORDINANCE OF THE CITY OF COS- TA MESA AMENDING ORDINANCE NO. 64 TO READ AS FOLLOWS: "AN ORDINANCE OF THE CITY OF COSTA MESA REGULATING POLICE BADGES AND UNIFORMS AND PATROL SYS- TEMS AND PATROL SERVICES, AND PRESCRIBING THE PENALTIES FOR VIOLATIONS THEREOF." The City Council of the City of Costa Mesa does ordain as follows: SECTION 1. Ordinance No. 64 of the City of Costa Mesa is hereby amended to read as follows: ARTICLE I. REGULATION OF PATROL SYSTEMS AND PATROL SERVICES. SECTION 1. Definition. "Patrol System" and "Patrol Service" include any service or system which furnishes to members, subscribers, or private individuals or resi- dents, for a consideration, any patrolman, guard, or watchman, either uniformed or otherwise, to patrol or guard any district, or to act to salvage, guard, or protect any property from theft, damage, fire or other hazard. SECTION 2. Permit Required. No person shall manage, conduct or carry on the business of a private patrol or patrol system or service unless under and by authority of a written permit from the Citv Council. SECTION 3. Application for Permit. Per- mits required by the foregoine Section may be issued by the City Council upon the writter- application of any person for himself or on behalf of any other person, provided that the City Council must first satisfy itself that the management, con- duct and carrying on of any such patrol system or patrol service will be conducive to the public welfare and safety, and for this purpose, the City Council may cause any acts or evidence bearing on the moral fitness or reputations of those who will be in charge of said patrol system or patrol service, and any other facts or evidence tending to enlighten said City Council in this respect. a. Exception. Nothing in this Ordinance shall be construed to require an individual watchman or caretaker working for a single employer in a line of business other than that defined herein to have a permit. SECTION 4. Contents of Application. Said application shall be signed and veri- fied by the applicant, and shall specify his name, business address, residence address, the numbers of any telephones maintained by him, the length of his residence in the City, the location of his last place of busi- ness and the name and character of said business, the length of time he was en- gaged therein and the names and addresses of three persons residing within the City to be used as references. SECTION 5. Processing fee. In addition to any other fee required by other Ordin- ances of the City of Costa Mesa, the ap- plicant shall pay to the Director of Fi- nance a processing fee of Ten Dollarsi ($10.00) for each person to be employed in the City. SECTION 6. Insurance. Business Vehicle. If the applicant intends to or does operate any motor vehicles in the conduct of his business, he shall file with the City Clerk an insurance policy covering such motor ve- hicle. which said insurance shall include public liability to the extent of Twenty- five Thousand Dollars ($25,000.00) for the death or injury of one person, Fifty Thou- sand Dollars ($50,000.00) for the death or Injury of two or more persons and property damage in the sum of Five Thousand Dol- lars ($5,000.00). SECTION 7. Investigation. The Council shall cause such an investigation to be made concerning applicant and his applica- tion as it shall deem desirable. The in- vestigation shall include an inquiry into the conditions prevailing within the district designated in any such application and whether such district is already supplied with sufficient patrol service, patrol sys- tem, guards or watchmen. SECTION 8. Granting of Permit. If satis. fied that the statements and references contained in said application are true, and that applicant is a fit and proper per- son to carry on such business, and that the requirements set forth in Section 3, above, have been fulfilled, the Council shall cause a permit to be issued to ap- plicant. a. State License. No permit granted by the City Council under this Ordinance shall be construed to obviate the necessity for obtaining a license to conduct such busi- ness from the State of California. SECTION 9. Employee Requirements. NQ person obtaining a permit under this ordin- ance shall employ any person until the per- mit holder has filed with the Chief of Po- lice a description, photograph and finger- prints of such proposed employee, accom- panied by at least two letters of recom- mendation, together with the payment of the processing fee as set forth in Section 5 above, and the obtaining of the approval by the Chief of Police, as hereinafter pro- vided. SECTION 10. Employee Requirements— Approval by Chief of Police. Any person employed by a license holder shall be ap- proved by the Chief of Police before being regularly employed, said employee to be removed for any reasonable cause offered by the Chief of Police. SECTION 11. Suspension of Permits. Any permit to manage, conduct or carry on a patrol system or patrol service may be temporarily suspended by a written order filed by the Chief of Police, provided a copy of such order shall be immediately transmitted by the Chief of Police to the City Council, and such order shall be passed on by the City Council at its next regular meeting after such issuance, and shall cease to be of any effect thereafter. The City Council may, at such meeting, adopt a Resolution continuing such tempo- rary suspension in effect pending a regular hearing. SECTION 12. Revocation of Permits. When the City Council shall have issued any permit under the term of this Ordin- ance, the same may be revoked at any time thereafter by the City Council if said City Council becomes satisfied that the management, conducting or carrying on such patrol system or patrol service, does not or will not be conducive to the public welfare or safety for any reason, or that said patrol system or patrol service has been conducted in an illegal or improper manner. SECTION 13. Revocation of Permits— Hearing. No permit shall be revoked until a hearing thereon shall have been had by the Council, notice of which hearing shall be given in writing and served, at least five days prior to the date of the hear- ing, upon the holder of such permit, his manager or agent, which notice shall state the ground of complaint against the hold- er of such permit, or agent, by delivering the same to such person or to his man- ager or agent, or by leaving such notice at the place of business or residence of such holder with some adult person. If the holder of such permit cannot be found and service of such notice cannot be made upon him in the manner herein provided, then a cony of such notice shall be mailed, postage fully prepaid, addressed to the holder of such permit at such place of business, at least five days prior to the date of such hearing. The time of such notice may be shortened by the Council with the written consent of the holder of the permit. ARTICLE II REGULATION OF UNIFORMS AND PO- LICE BADGES. SECTION 1. Definitions. Official Police Officer's Badge a. "Official Police Officer's Badge" shall mean a badge of the size, type and design last approved by Resolution of the City Council for the use of regular police of- ficers. Such badge shall bear on the face thereof the title or rank of the person to whom it was issued. All badges of each title or rank shall be consecutively num- bered, and the numbers shall appear on the face of each badge. b. "Special Police Officer's Badge" shall mean a badge of the size, type and design last approved by Resolution of the City Council for the use of persons commis- sioned by the Chief of Police to act as Special Police Officers. Such badges shall be enameled on the face thereof "SPE- CIAL", in addition to any other words or device, and shall so differ in shape and design from the Official Police Officer's Badge as to be, when displayed or worn, readily distinguishable therefrom. All such badges shall be consecutively numbered. and the numbers shall appear on the face of such badge. c. "Regular Police Officers" and mem- bers of the Costa Mesa Police Reserves, shall mean all regular police officer mem- bers of the Police Department of this City appointed and duly commissioned a in d sworn in, as provided by law, to perform the duties of police officers or reserve police officers and not retired from active duty, suspended or discharged. SECTION 2. Issuance of Badges. No of- ficer or employee of the City of Costa Mesa shall: a. Issue any Special Police Officer's Badge, or any Official Police Officer's Badge, except to persons lawfully entitled thereto under the provisions of this Ordin- ance. b. Issue to any person whatsoever any Honorary Police Badge or any other badge calculated to indicate that the holder there- of is a member of or connected with the Police Department of the City of Costa Mesa, except that Special Police Officers' Badges and Official Police Officers' Badges may be issued to persons lawfully en- titled thereto as elsewhere provided in this Ordinance. c. Assign, sell, give away or authorize the transfer or use of any badge, the is- suance of which is prohibited by this Ordin- ance. Section 3. Special Police Officers' Badges —Issuance. Special Police Officers' Badges shall be issued by the Chief of Police and only to persons who have secured per- mits or commissions from the City Council as Special Police Officers, and who have paid all fees required therefor by this Ordinance. SECTION 4. Special Pollee—Application— Contents. Application for the issuance of a special police officer's badge shall be made to the Chief of Police on regulation form obtained from the Police Department, which application must contain the follow- ing data: a. The name and address of the person to whom the badge is to be issued; b. The duties of the person who requires the issuance of said badge; c. A description, signature and finger- print of the person to whom the badge is to be issued; d. The name and address and signed re- quest of the employer of the applicant showing the necessity for the issuance of said badge; e. The Chief of Police may, with the ex- ercise of reasonable discretion, revoke any such badge issued to any person if he deems such person not to be a fit and proper special police officer. SECTION 5. Special Police—Address to be filed. It shall be the duty of every person to whom a special police officer's badge has been issued to furnish and keep on file with the Chief of Police the true home address of such person. SECTION 6. Special Police — fees. The Chief of Police shall make a charge of Two Dollars for the issuance of every spe- cial police officer's badge and for every badge issued to replace a lost badge, which sum shall be considered as rental for the use of said badge, which shall at all times be and remain the property of this City. SECTION 7. Special Police — Record of Badges. The Chief of Police shall at all times keep a record of all special police officers' badges issued by the Chief of Police, which record shall, among other things, show the name and present ad. dress of the person to whom the same was issued, the serial number of the badge, which shall be stamped on the back of each badge, and the rank or number on the face of said badge. SECTION 8. Special Police — Badges must be on Person. It shall be the duty of every person having a special police offeer's commission, or any person per- forming special police work, to have on his person a special police officer's bad=e while performing the duties of a special po��Ce officer. SECTION 9. Special Police — Badges must be worn. Any private patrol, bank guard, night watchman or other person who wears a uniform while performing any of the duties of his position shall wear a special police officer's badge on the out- side of the front of his uniform so that the same is available at all times while per- forming such work. SECTION 10. Special Police Badges— Must be properly issued. No person shall wear or have in his possession any special police officer's badge unless said badge has been regularly issued to such person In accordance with the provisions of this Ordinance. SECTION 11. Special Police — other badges. No person shall wear or have in his possession while performing the duties of a special officer any badge other than a special officer's badge. SECTION 12. Funeral Escort Officers. a. No person shall act as a funeral es- cort officer except a person commissioned as a special police officer by the Chief of Police. b. Notwithstanding any other provisions of this Ordinance, a funeral escort officer may wear a deputy sheriff's badge pro- vided such badge has been issued to him by the sheriff of this county. c. No funeral escort officer shall wear, while acting as such, any uniform other than one prescribed by the Chief of Police for such use, or a uniform prescribed for such use by the sheriff; provided, however, that such uniform must not resemble that prescribed for sworn police officers of this City. d. Funeral escort officers shall not wear sidearms while escorting funerals. e. This section does not apply to regular police officers. SECTION 13. Special Police — Must have Badge. No person shall perform any duties of a special police officer unless such person shall first secure a special police officer's badge as provided in this Ordin- ance. SECTION 14. Unauthorized Wearing of Official Police Officer's Badge Prohibited. No person who is not a Regular Police Officer or Reserve Police Officer shall wear, display or carry an official Police Officer's Badge. SECTION 15. Special Police — return of badges. It shall be the duty of any person after he has severed his employment with any private patrol or bank, or who has ceased to perform the duties which re- quire the issuance of a special police of- ficer's badge, to return the special police officer's badge to the Chief of Police. SECTION 16. Police Badges — Proper Issuance. Official police officers' badges shall be issued only by the Chief of Police, and the same shall be issued only after official action is taken by the City Council authorizing the issuance of the same. SECTION 17. Official Police Officer's Badge — to Whom Issued. The Chief of Police may issue one Official Police Of- ficer's Badge to each Regular and Re- serve Police Officer. Neither the Chief of Police nor any other officer or employee of the City shall issue any Official Police Officer's Badge to any person not a Regu- lar or Reserve Police Officer. SECTION 18. Police Badges — Use by City Departments. No department of the City government shall use a design or in- signia for an official badge for said depart- ment, except with the approval of the Chief of Police. SECTION 19. Police Badge Revolving Fund. The Police Badge Revolving Fund heretofore established shall be at all times administered by the Chief of Police. The payment for any and all police officer's badges shall be returned into this fund. Said fund shall be used for the manu- facture, replating and repairing of badges of any and all types, sizes and designs heretofore or hereafter approved and is- sued by the Chief of Police, irrespective or whether the same are special police officers' badges or official police officers' badges. SECTION 20. Police Badges — Return of. All Official Police Officers' Badges shall be the property of the City of Costa Mesa, and shall at no time become the personal property of any individual. When any per- son shall sever his connection with the Police Department, or shall retire on pen- sion, it shall be his duty to return his Official Police Officer's Badge to the Chief of Police. SECTION 21. Custodian of Badges. The Chief of Police shall appoint an officer of the Police Department to be the custod- ian of all badges and no Official Police Officer's Badge shall be distributed to any Regular Police Officer nor shall any Spe- cial Police Officer's Badge be distributed to any Special Police Officer except by the Custodian, who shall make a complete rec- ord of all badges so distributed, and shall distribute the same only in the manner prescribed to the persons mentioned in this Ordinance. The said custodian shall be responsible for the delivery of said badges, and it shall be his duty to recall any and all badges of persons who have severed their connections with the Police Department or who have retired on pension. It shall be his further duty to recall any and all Special Police Officers' Badges from any persons who have ceased to perform the duties of Special Police Officers. SECTION 22. Badges — Unauthorized Possession of. (A) No person shall have in his possession any Official Police Officer's Badge or Special Police Officer's Badge which has not been lawfully issued to him according to the provisions of this Ordin- ance. No person shall possess any such badge after his right to use such badge has been terminated. (B) No person shall have in his pos. session any other badge, star, shield, miniature, ring, charm or insignia, re- gardless of the size, shape or design there- of, which has on it the words "Police" or "Detective" whether used separately, together or in combination with any other words indicating a connection with the Police Department, or which is identical in design with or which so resembles an Offi- cial Police Officer's Badge or Special Po- lice Officer's Badge that it may be readily mistaken for either of such badges. (C) No person who is not a Regular or Reserve Police Officer or a Special Police Officer shall wear or display any badge, star or insignia calculated to indicate that he is a member of or connected with the Department of Police of the City of Costa Mesa. SECTION 23. Retired Officers — Author- ized Badges. (a) Notwithstanding any other, provi- sions of this Ordinance, the City Council may authorize any person who has been, during his lifetime, a duly and regularly appointed, commissioned and sworn police officer, or any employee or officer of this City and who has honorably left the service of the City, to retain and carry any badge lawfully issued to him or other- wise lawfully acquired by him during his service or incident to his retirement, pro- vided the word "Retired" is plainly shown on such badge, by being engraved or em- bossed thereon or otherwise permanently affixed thereto. (b) The badge shall be especially adopt- ed or approved for such specific purpose by the Chief of Police. (c) Upon the return of the retired of. ficer to active duty, or upon his death, thel "Retired Officer's Badge" shall be returned' to the Chief of Police. (d) Any honorary badge or other badge lawfully acquired indicating that the bear- er occupied public office in this City, upon which appears the bearer's name or ini- tials and which plainly shows the word "Retired" may be retained. (e) Nothing in this section shall be deemed to authorize the use of any badge herein mentioned for any unlawful purpose and any such badge so used may be con. fiscated by the City Council. (f) Any badge mentioned in this Section shall be subject to confiscation by the City Council if worn or displayed by any per- son other than the true owner, and shall be returned to the true owner only upon a showing that such use was without his con. sent, express or implied. SECTION 24. Police Uniforms — Imita- tion of. No person other than a sworn po- lice officer, shall wear any uniform of a pattern, or design, or in the semblance of the uniform adopted, or hereafter adopted, by the City Council for the use of the regular members of the Police Depart- ment, or wear upon any uniform any star, badge or insignia of a pattern or design that may be mistaken for, or confounded with the official police officer's badge. SECTION 25. Special Police Uniforms. The City Council shall have the power and authority to adopt and prescribe by resolution the uniform to be worn by all special officers, bank guards, and funeral escorts, if any uniform is worn, while performing the duties of a special police officer. The uniform so prescribed for any such class of special officer may, but nead not be the same as the uniform so Prescribed for the other such class, or classes of special officers. SECTION 26. Police Identification Cards —Issuance. The Chief of Police is hereby authorized and directed to issue to each and every person entitled to wear a badge, a numbered identification card which shall bear the printed name, serial num- ber, signature, photograph and right index fingerprint of each such Regular Police Officer. Each such card shall bear the signature of the Chief of Police, or his duly appointed deputy, in office at the time of issuance of such identification card. Each identification card shall state thereon the position of the holder in the City. SECTION 27. Police Identification Cards —Possession of. No person other than a duly authorized person shall have in his possession any Identification Card issued to, or intended to be issued to, or purport- ing to have been issued to a Regular Po- lice Officer of this City; provided, however, that an honorably retired police officer may retain the Police Identification Card after the word "Retired" has been printed across the face of the Police Identification Card. SECTION 28. Police Identification Cards —Imitation of. No person shall print or Issue or have in his possession any identi. fication card similar to the identification card mentioned in the foregoing Section of this Ordinance, or any identification card stating that the person whose name appears thereon is a police officer or em. ployee of this City. SECTION 29. Retired Officers and Em- ployees. No person other than a City Of- ficer or employee shall wear, carry, or use any badge or other insignia of office or employment in the government of this City, or any badge, identification card or insignia which is calculated to indicate that the holder is an employee or officer of this City; provided, however, that this Provision shall not apply if the possession and use of such badge, card or insignia is expressly permitted by Ordinance. SECTION 30. Use of Official Police Titles by Private Agencies—Similar Subterfuges —Prohibited. (a) "Chief Detectives", "Chief of Detec- tive Bureau". No person shall use the title "Chief of Detectives" alone or in connec- tion with any other term, phrase, symbol, initial or language, in carrying on any pri. vate business, employment or activity. (b) Other Police Titles. No person shall, in connection with any private business, employment or activity, use the title "Chief of Police", "Police Chief," "Detective" or any other title or designation whatever cal- culated to indicate an official connection with the Police Department of this City or with the police force of any other govern. ment or governmental agency, unless ac. companied by additional language clearly displaying, without the use of initials or symbols, the identity of the private agency or employer on whose behalf the user of the title or designation is acting or pur- porting to act. (c) Police Operations. No person, other than a regular police officer of the City of Costa Mesa shall. for any purpose whatso- ever, represent himself or falsely repre- sent another, to be a member of the Po. lice Department of this City, or use any sign, word, language or device calculated to induce a false or mistaken belief that he is not acting or purporting to act on behalf of the Police Department of this City within the scope of any real or pur- ported duty thereof. (d) Collections, etc. No person other than a regular police officer of this City, acting within the scope and course of his official duties, shall use any sign, badge, title or designation, or make any express or implied representation, calculated to in- duce the belief that he is a member of the police force of this City, or connected with it in any way, in connection with any ac- tivity directed toward the collection of any money or debt, or the repossession, re- covering or taking of anything of value, or for any purpose of private gain whatso- ever. (e) Civil Immunities. No special police officer shall, by virtue of any commis. sion as such heretofore or hereafter issued under this Ordinance or pursuant to any other law or Ordinance, be deemed to be an officer, agent, employee or representa- tive of the City of Costa Mesa while en- gaging in any activity of any character whatsoever undertaken for private hire, profit or regard, or while performing any act done in the course Of his own business or affairs, or while performing any act done or undertaken in connection with or in furtherance of, any private employment, business or undertaking for which such spe- cial officer is hired or engaged, nor shall any such commission be construed to confer upon the holders any privilege or immunity not expressly granted by this Ordinance, other than the authority to arrest for crime under Sec. 836 of the Penal Code, and the right to be armed as a peace of- ficer, subject, in both respects, to such rules and regulations of the Chief of Po- lice as may relate to special police of. ficers. ARTICLE III SECTION 1. PENALTIES. any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and punished by a fine of not more than $500.00 or by imprison- ment in the City or County jail for not more than six (6) months, or by both such fine and imprisonment. SECTION 2. SEVERABILITY. If any sec- tion, subsection, sentence, clause, phrase, or portion of this ordinance is for any rea- son held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council of this City hereby declares that it would have adopt- ed this Ordinance and each section, sub- ection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 3. Ordinance No. 64, except for the provisions herein set forth, is here- by repealed. SECTION 4. ENACTMENT. This Ordin- ance shall take effect and be in full force and effect thirty (30) days after its pass- age, and prior to the expiration of fifteen (15) days from its passage shall be pub- lished once in the Costa Mesa Globe -Her- ald, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the mem- bers of the City Council voting for and against the same. PASSED AND ADOPTED this 18th day of February, 1957. C. M. NELSON Mayor Of the City of Costa Mesa ATTEST: A. C. SWARTZ City Clerk of the City of Costa Mesa STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE) I, A. C. SWARTZ, City Clerk and ex - officio Clerk of the City Council of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the 18th day of February, 1957, the foregoing Ordin- ance No. 148 was considered section by section, and that said Ordinance was then passed and adopted as a whole by the following roll call vote, to -wit: AYES: COUNCILMEN Martin, Pinkley, Smith, Meyers, Nelson NOES: COUNCILMEN None ABSENT: COUNCILMEN None IN WITNESS WHEREOF, I have here- unto set my hand and affixed the official seal of the City of Costa Mesa, this 19th day of February, 1957. A. C. SWARTZ City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa Pub. Costa Mesa Globe Herald, Feb. 20, 1957, Costa Mesa, Calif. B-6