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HomeMy Public PortalAboutORD-CC-1977-13CITY OF MOAB, UTAH ORDINANCE NO. 13-77 A PROPOSED AMENDMENT TO SECTION 13, MOAB CITY CODE 1965, AS AMENDED BY THE ADDITION OF ARTICLE IV., SECTIONS 13-32 THROUGH 13-42, PRIVATE DETECTIVE. ARTICLE IV PRIVATE DETECTIVE Sec. 13-32. License required. It shall be unlawful for any person to. engage in the business of private detective, investigator, or providing for a watchman, guard or private patrolman service for a fee or a reward unless such person first applies for and obtains a license from Moab City as herein- after provided. (a) Licensing of employees required. No person may be engaged by any licensee to work at the occupation of private detective, investigator, watchman, guard or private patrolman unless said person shall have paid the sum of $ 5.00 and shall have complied with all provisions of this chapter, except Sections 13-35 and 13-36. Sec. 13-33. Application for license. Every person applying for a license under this chapter shall file an application with the Moab police depart- ment which shall contain the following information: (1) The name and address of the applicant, together with his age and experience. (2) If the applicant is a partnership, the requirements of the preceding subsection shall be given regarding each member of the partnership together with the name of the person who is to be in active charge of the partnership. (3) If the applicant is a corporation the information required by sub- section (1) of this section shall be given for each officer and active member of the corporation. (4) Each applicant, including members of a partnership and officers and employees of a corporation, shall file with the chief of police at the time of his interview a photograph and fingerprints of himself. Sec. 13-34. Referral to and appearance before the chief of police. The application shall be referred to the chief of police and each applicant, including members of a partnership and officers and employees of a corp- oration, shall appear before the chief of police and submit to interrogation as to his experience and qualifications and other basic requirements for a private detective license as required by this chapter. Sec. 13-35. Bond required. Each application for a license shall be accompanied by a corporate surety bond in the amount of $1 ,000.00 dollars, executed by a surety company authorized to do business in the State of Utah and conditioned that the person applying for the license will comply with all of the laws and ordinances regulating the business of a private detective and all lawful requirements made by the City Council and shall pay all damages occasioned to any person by reason of any misstatement, misrepresentation, fraud, or deceit of the licensed person, his agent or employee, or which may result from any other violation of law or ordinance in carrying on the business licensed. t -2- Sec. 13-36. License fee. The annual license fee for a private detective license shall be based upon a fee of $30.00 dollars per annum or any part thereof for an individual licensee, and upon the number of persons in the partnership or the number of officers and employees in the corporation, if a partnership or corporate license is applied for in accordance with the follow- ing schedule: (1) For . e,ohppensDia , $5. 00 dollars per annum or any part thereof; % 7 1' tf'r ;, r-s pr,' (`'4 ) I Qr 7,c'r ;(.;; d. ;, r'�C �� 'Y"�, z}G`Y' a.Cl and for any additional personnel the fee shall be $5 00 annum. - riy p� r'��. t��F: rr:�( i8 (5P" Yl� �jitP"'i: t�' er .'( , . dollars per person per Sec. 13-37. Issuance of license. Upon the written application of the chief of police filed with the City Council, the application for a license shall be granted or denied by the City Council who may act upon such recommendation and such other information which they may have concerning the applicant. Sec. 13-38. Prohibition on issuance of license. No license shall be issued to any person who is not a citizen of the United States or who is under the age of 21 years. No license shall be issued to any person who has been convicted of a felony by any State or United States court, or who has been convicted anywhere of an act or acts which if done in Utah would constitute an assault, theft, larceny, unlawful entry, extortion, buying or receiving stolen property, unlawfully using or possessing or carrying weapons or burglar's tools, or having been guilty of an escape from lawful custody or of a crime or crimes involving moral turpitude, or who has been convicted in any other State of acts which if done in Utah would be a felony, unless the City Courii of Moab shall first make a determination that issuance of a license to such an individual would not be against the public interest. No license shall be issued to any person who shall make any false statement in his application for a private detective's license, and any false statement shall be grounds for immediate revocation of any license issued hereunder. Sec. 13-39. License not transferable. No license granted under the provisions of this chapter shall be transferable. Sec. 13-40. License to be carried. Each person so licensed shall carry on his person at all times a card issued by the city recorder of Moab City certifying that said person is duly licensed to carry on the business of a private detective. Sec. 13-41. False representation prohibited. It shall be unlawful for any person to represent to any other person that he is duly licensed as a detec- tive or is employed by a private detective agency when in fact he is not so licensed or employed. Sec. 13-42. Exclusion from chapter. Nothing in this Article IV shall be construed as requiring a license from any watchman or person regularly employed as a watchman by any firm or corporation or any person investigating credit records or insurance claims. -3- THAT the City Council finds and declares that is is necessary for the immediate preservation of the peace, health and safety of this City that this Ordinance take effect upon its passage and publication.. PASSED by the unanimous vote of all members of the City Council of the City of Moab, Utah, this 19th day of July, 1977. APPROVED: Wm. lean McDouuald, ayor ATTEST: City Record David . Bretzke (SEAL)