Ord 1839COUNCIL BILL N0. 750
ORDINANCE N0. 1839
AN ORDINANCE PROVIDING FOR THE REGULATION OF MERCHAPJT POLICE~~EN, PRIVATE
DETECTIVES AND INVESTIGATORS; PROVIDING PENALTIES; REPEALING ORDIrdANCES
N0. 1267 AND 1668; AND DECLARING AN EP~ERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions.
(a) The term "merchant police" means any person, firm or corporation
engaged in the business of watching, guarding or protecting any premises, property
or persons; provided however, that the term shall not include any individual who
has only one employer, and who is employed to watch, guard or protect only the
premises, property or person of that employer; nor sha11 the term include any
common carrier engaged in interstate corr~erce, or any individual employed by
any such carrier or carriers to watch, guard or protect the premises, property
or persons of such carriers.
(b) The term "private detective" or "investigator" means any person,
firm or corporation who for hire, fee or reward engages in the business of dis-
covering, furnishing or supplying information concerning persons, their identity,
actions, character, business or occupation, background or related matters The
term shat l not include within its meani ng a private investigator employed excl u-
sively by one employer in connection with a business, nor shall it include a
detective or officer belonging to any governmental law enforcement agency, nor
any insurance adjuster licensed by the state of Oregon.
Section 2. Li cen~e Required. It shall be unlawful for any person, firm
or corporation to own or operate a merchant police or private detective or investi-
gator business, or to be so engaged in business, except as provided in and author-
ized by this ordinance, and without having first obtained a license from the City
of Woodburn as herein required.
Section 3. Application for License.
(a) Application for licenses issued hereunder s,ha11 be made upon forms
prepared and made available by the City Recorder abd shall contain the following,
information:
(1) The full name, age and residence of the app]icant.
(2) Birthplace and citizenship.
(3} Personal, work and education summary.
(4) Criminal and military history.
(5) Address of principal,, place of business.
(6) Whether a corporation, partnership, limited partnership,
point-venture or sole proprietorship.
(7) Pdames and addresses of all officers and directors if a
corporation; or of all partners or joint venturers.
(8} Names of at least three character references who are
reputable citizens of the county.
(9} Such other information as the City Council shall find reason-
ably necessary to effectuate the general purposes of this
ordinance.
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ORDINANCE N0. 1839
fib} Every applicant shall be required to be fingerprinted and photo-
graphed by the police department of the City of Woodburn.
$50.00.
~c) Every application shall be accompanied by an application fee of
Section 4. Investigation and Report. Upon receipt of an application
in the form and manner prescribed by Section 3 hereof, the City Recorder shall
forward the same to the Chief of Police for investigation. The Chief of Police
shall cause to be made an investigation of such applicant and shall make a report
thereof to the City Council within 30 days.
Section 5. Persons Ineligible. No person, or firm, corporation,
company or other legal entity employing such person, shall be granted a license
hereunder if he has been convicted of a felony or a misdemeanor involving moral
turpitude, or is not a natural born or fully naturalized citizen of the United
States.
Section 6. Provisions Applicab]e to Emplo~res. A11 employes of any
person having or applying fora license hereunder shall meet the standards and
shall be subject to all regulations provided for herein.
Section 7. Issuance of License. The City Recorder shall only issue
licenses hereunder upon motion duly made and passed by the City Council, and
upon payment of the annual license fee and furnishing of a surety bond as pro-
vided for hereinafter.
Section 8. Annual License Fee. The annual fee for each business shall
be the sum of $300.00 payab a on or efore January 1 of each year.
Section 9. Conditions of Licensing,
_.. . _._
(a) Nontransferability. Licenses issued hereunder shall not be
transferable.
fib) Revocation or suspension. Licenses issued hereunder shall be
subject to temporary revocation or suspension by the City Recorder for any vio-
lation of the requirements or provisions of this ordinance or for any misconduct
on the part of the licensee or his employes. The City Council may order such
revocation or suspension to be permanent after reasonable notice and an oppor-
tunity to be heard has been given the licensee, his agent or employe.
~c) Renewal. The City Recorder shall issue renewal licenses to all
licensees whose licenses have not been revoked or suspended at the time of their
expiration, upon paymeet of the annual license fee.
~d) Term of license. All licenses issued hereunder shall be for a
term of one year; from January 1 to December 31 of each year.
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ORDINANCE N0. 1839
Section 10. Surety Bond Requirements.
(a~ No license shall be issued hereunder unless the applicant files
with the City Recorder a surety bond executed by a surety company authorized to
do business in the state of Oregon, in the sum of $10,000.00, or such other
financial security as may be approved by the City Attorney, conditioned upon
the careful, faithful and honest conduct of the services to be performed by the
applicant, or his employes. Such bond shall be approved by the City Attorney
of the City as to form, execution and sufficiency of sureties.
(b~ The bond or other approved security required herein shall contain
provisions that it inures to the benefit of the City of Woodburn and/or any and
all persons who may be damaged by reason of any negligent, wilful, malicious,
intentional or wrongful act of the licensee, his agents, servants or employes, and
that person so damaged may obtain action thereon against the licensee and the
surety upon said bond.
(c) The City Recorder shall suspend any license issued hereunder when
the.bond or other approved financial security required herein shall have lapsed
or ~s reduced by reason of a 3udgment thereon, or for any other reason ~s no
longer in full force and effect.
Section 11. Uniforms. It shall be unlawful for any merchant policeman,
private detective or investi.g~ator, or other licensee regulated by this ordinance
to wear the uniform, cap, badge or buttons of, similar to, or in imitation of,
those at the time in use by the members of the Woodburn Police and Fire Depart-
ments. Any such uniforms, caps, badges or buttons proposed to be worn by any
licensee or his employes or agents hereunder shall first obtain the written
approval of the Chief of Police.
Section 12. Posting of License; Identification Cards.
I Iw~nl ! !} 1~~1
(a7 The licensees hereunder shall cause a certificate of such
license to be displayed at alI times in a conspicuous place in or on his place
of business described in such license. The licensee and his agents and employes
shall carry on their persons, at all times when performing the services regulated
hereunder, identification cards containing the name of the licensee, the name of
the person issued the card and his picture, whether such person is a merchant
patrolman or private detective or investigator, and the signature of the card
holder and that of the City Recorder.
,(b) The holder of an identification card required by this section
shall exhibit the same upon request by any police officer.
Section 13. Empl ore's List; PJoti f i cati on of Changes. The 1 i censee
hereunder shall furnish to the City Re roc der a current lis of all employes
employed by him at a1] times. Within three days of the termination of employ-
ment of any employe or other person of the ]~censee, nonce thereof shall be
given in writing to the City Recorder.
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ORDINANCE N0. 1839
Section 14. Promulgation of Rues and Regulations, The City Recorder
and Chief of Police shall have the authority to adopt, enact and enforce reasonable
rules and regulations for the operation of merchant police and private detective
or investigator activities in the interest of public safety, morals and general
welfare, and to effectuate the general purposes of this ordinance.
Section 15. Penalties. In addition to the suspension or revocation
of any license issued hereunder, any licensee or his employee, servant, or agent,
who violates any provision of this ordinance or any rule or regulation promulgated
in accordance herewith shall, upon conviction, be fined in an amount not to exceed
$300.00, or imprisoned not to exceed 90 days, or both so fined and imprisoned.
repea]ed.
Section 16. Ordinances No. 1267 and 1668 are hereby specifically
Section 11. This ordinance being necessary for the immediate preser-
vation of the public peace, health, and safety, an emergency is declared to
exist and this. ordinance shall take effect immediately upon passage by the
Council and approval by the Mayor.
A roved as to form: ~ ~~~ ~ " ~ --:
pp
City Attorney Date
APPROVED:
LLIAh9 J . COST E -MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: _ ~
~ l~~ ,1 i. ,;~
BARNEY . B RIS, Recorder
City of Woodburn, Oregon
September 12 ~ 1983
September 13 ~,l 98____x____
September 13 ~ 1983 ~.
September 13 ,_1983
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ORDINANCE N0.1839