For the purpose of this article, the words and phrases used herein shall have the following meanings unless otherwise clearly indicated by the context:

(a)   Agency means an establishment engaged in doing business for another.

(b)   Arrest means the act of stopping, and the taking or detaining in custody by authority of law.

(c)   Authorized equipment and duty gear means equipment and duty gear authorized by the Chief of Police that may be carried or used by private security officers permitted under this article.

(d)   Basic responsibilities of a private security officer means to observe and report crimes and incidents; on occasion to stop and question; to provide security against loss from fire or mechanical equipment failure and enforce property rules and regulations; to control access to specific areas of a facility or building; and to act occasionally as a crowd monitor or to maintain order. These responsibilities shall include vehicle patrol when an approved classroom course on defensive driving has been completed. These responsibilities shall not include: authority beyond that of a private citizen, the right to use physical force in the performance of these duties except to protect the private security officer and others in a manner consistent with the statutes and ordinances of the State of Kansas and the City of Park City, or acting in the capacity of a private security officer for other than a client for which the private security officer is contracted to provide services.

(e)   Business means commercial, industrial or professional dealings, activity or the supply of services engaged in as a means of livelihood.

(f)    Client means any person who engages the services of a private security agency.

(g)   Chief of Police as used in this article means the Chief of the Park City Police Department or his or her authorized designee.

(h)   Citizen’s arrest or Arrest by a private person shall have the meaning as set forth in K.S.A. 22-2403 and any amendments thereto, which states that a person who is not a law enforcement officer may arrest another person when: (1) A felony has been or is being committed and the person making the arrest has probable cause to believe that the arrested person is guilty thereof; or (2) any crime, other than a traffic infraction, has been or is being committed by the arrested person in the view of the person making the arrest.

(i)    For hire includes all compensation paid directly or indirectly.

(j)    License means the authority to conduct business by a private security agency within the city limits.

(k)   Licensee means any person to whom a current license has been issued under this article authorizing such person to conduct business as a private security agency within the city limits.

(l)    Person means any natural person, corporation, partnership or association.

(m)  Permit means the authority to work as a private security officer in the city limits, and pursuant to the following classifications:

(1)   Temporary basic private security permit means the permit issued by the police department to a person who has applied for a security permit prior to being issued a regular photo identification. A person with a temporary basic permit may carry out the basic responsibilities of a private security officer, but is not authorized to carry any equipment including handcuffs.

(2)   Basic private security permit means the permit photo identification card issued by the police department to a person who meets the qualifications required of a private security officer.  This permit shall allow the individual to perform the basic duties of a private security officer to include vehicle patrol and the carrying of authorized equipment as approved in writing by the Chief of Police.

(n)   Private detective and Private detective agency shall have the meaning ascribed to said terms by K.S.A. 75-7b01(b) and (c) and any amendments thereto.

(o)   Private security officer means any person regularly employed by a person, firm or corporation, and whose duties, in addition to patrolling, guarding, transporting and watching the property of the employer or any client of the employer, include conducting investigations concerning the reputation or character of employees or prospective employees, and investigations concerning the location of property of the employer that becomes lost or stolen. For the purposes of this article, “private security officer” shall not include persons working for an armored car service.

(p)   Private security agency means any person, firm or corporation who engages in a business for hire to provide a protective service for the property of others, and whose duties and activities in that connection include patrolling, guarding, transporting or watching the property of a subscriber, purchaser or client under a contract or agreement to provide a protective service. For the purposes of this article, “private security agency” shall not include armored car services.

(Ord. 1189)

(a)   The provisions of this Article are intended to regulate uniformed private security officers as that term is defined herein.

(b)   It is not the intent of this Article to regulate any of the following:

(a)   activities performed in a non-uniformed or plain-clothes capacity; or

(b)   activities that fall under the regulation of the statutes of this state or any similar laws from other jurisdictions regulating private investigators; or

(c)   activities that are allowed pursuant to the right to carry a firearm recognized pursuant to any federal, state or local law; or

(d)   The business of transporting prisoners under a contract with any state or county government or the federal government.

(c)   No license or permit issued pursuant to this Article provides the holder thereof with any authority to direct traffic on the streets or highways of the City of Park City.

(d)   A licensee or permitee under this Article who engages in any activity or business that involves the wearing of non-uniformed or plain clothing must have legal authority for such activity independent of the license or permit issued pursuant to this Article.

(e)   In lieu of a permit or license issued by the Park City Police Department, a private security officer or private security agency that has a valid private security permit or private security agency license which has been issued by the City of Wichita shall be deemed to have met the permitting and/or licensing requirements of this Article if all of the following conditions have been met:

(1)   Private security officers must submit a copy of their current and valid City of Wichita private security officer permit to the Park City Police Department prior to conducting any work as a private security officer within the City of Park City.  In the event that such permit expires or is revoked or suspended, the private security officer must file a copy of their renewed and/or valid permit with the Park City Police Department prior to conducting any work as a private security officer within the City of Park City.

(2)   Private security agencies must submit a copy of their current and valid City of Wichita private security agency license to the Park City Police Department prior to conducting business as a private security agency within the City of Park City.  In the event that such license expires or is revoked or suspended, the private agency must file a copy of their renewed and/or valid permit with the Park City Police Department prior to conducting any business as a private security agency within the City of Park City.

(Ord. 1189)

The following persons shall not be deemed to be engaging in the private security business and the provisions of this article are not applicable to:

(a)   Any person employed in any capacity if such employee’s duties are carried out exclusively on private property owned or under the control of his or her employer; provided, however, that it is unlawful for such employees to wear a distinctive uniform, including a badge, except as follows:

(1)   Directly from his or her residence to his or her place of employment,

(2)   During his or her tour of duty while actively engaged in the duties of his or her employment,

(3)   Directly from his or her place of employment to his or her residence,

(4)   The wearing of any distinctive uniform into any tavern or private club is prohibited, and the wearing of any distinctive uniform, including a badge, at any time other than that which has been specified in (1) through (3) above is a violation of this article, and shall be punished as set forth in Section 5-1132.

(b)   Any officer or employee of the United States of America or of this state or a political subdivision thereof while engaged in the performance of his or her official duties;

(c)   A person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons;

(d)   A charitable philanthropic society or association duly incorporated under the laws of any state which is organized and maintained for the public good and not for private profit;

(e)   An attorney at law, in performing his or her duties as such attorney at law;

(f)    A licensed collection agency or an employee thereof while acting within the scope of his or her employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or the debtor’s property where the contract with an assignor creditor is for collection of claims owed or due or asserted to be owed or due or the equivalent thereof;

(g)   Admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them;

(h)   The legal owner of personal property which has been sold under the conditional sales agreement or a mortgagee under the terms of a chattel mortgage;

(i)    Any bank or other financial institution or any employee thereof whose duties are to provide security and protection services, including transportation of property and provision of cash services for automated teller machines at various locations;

(j)    A person engaged solely in the business of securing information about persons or property from public records;   

(k)   An insurance adjustor;

(l)    A licensed private detective; no private detective license or private detective agency license shall authorize the holder thereof to engage in activity regulated by this Article without obtaining the license required herein; and

(m)  An armored car company or any person employed thereby. The term “armored car company” shall have the meaning as set forth in the Armored Car Industry Act of 1993, 15 USCS §5901 et seq. and amendments thereto, and which is subject to regulation by that act in order to engage in the business of transporting and protecting currency, bullion, securities, precious metals, and other articles of unusual value in interstate commerce.

(Ord. 1189)

(a)   It is unlawful for any person to engage in the private security business or operate a private security agency in this city without a license as required by this article. A private detective license or a private detective agency license issued by the State of Kansas or any other jurisdiction shall not authorize a person to perform the duties of a private security agency as those duties are defined in this article, and any person acting as or performing the duties of a private security agency without obtaining the appropriate license required by this article shall be considered in violation of this section regardless of whether he or she is in possession of a private detective license or a private detective agency license. Violation of this section is a misdemeanor and shall be punished as set forth in Section 5-1132.

(b)   In lieu of a license issued by the Park City Police Department, a private security agency that has a valid private security permit which has been issued by the City of Wichita shall be deemed to have met the private security agency licensing requirements of this Article if all of the following conditions have been met:

(1)   The private security agency must submit a letter to the Park City chief of police stating that the agency intends to meet the requirements of this Article by submitting a copy of their valid and current private security agency license which has been issued by the City of Wichita. 

(2)   Private security agencies must submit a copy of their current and valid City of Wichita private security agency license to the Park City Police Department prior to conducting business as a private security agency within the City of Park City. 

(3)   In the event that such agency’s City of Wichita license expires or is revoked or suspended, the private security agency must file a copy of their renewed and/or valid license with the Park City Police Department prior to conducting any business as a private security agency within the City of Park City.

(4)   The Park City chief of police shall have the sole discretion to decline to accept a City of Wichita private security agency license, and to require such private security agency to follow the agency licensing requirements otherwise established in this Article.

(Ord. 1189)

(a)   It is unlawful for any person to act as or perform the duties of a private security officer within the city until such person has obtained from the Chief of Police a private security permit. These permits shall be issued in the following categories: Temporary Basic Private Security, Basic Private Security, Advanced Private Security, and Advanced Private Security and Firearm.

(b)   It is unlawful for any person to act as or perform the duties of a particular category of private security officer without having obtained the permit required for that particular category of private security officer.

(c)   A private detective license or a private detective agency issued by the State of Kansas or any other jurisdiction shall not authorize a person to perform the duties of a private security officer as those duties are defined in this article, and any person acting as or performing the duties of a private security officer without obtaining the appropriate license required by this article shall be considered in violation of this section regardless of whether he or she is in possession of a private detective license or a private detective agency license.

(d)   It is also unlawful for a manager, owner, operator or any person in charge of any private security agency within the city to hire a person as a private security officer without first having that person obtain from the Chief of Police a private security officer permit, or the appropriate category of private security permit.

(e)   In lieu of a permit issued by the Park City Police Department, a private security officer who has a valid private security officer permit which has been issued by the City of Wichita shall be deemed to have met the private security officer permitting requirements of this Article if all of the following conditions have been met:

(1)   The private security agency employing such officer must submit a letter to the Park City chief of police stating that the agency intends to meet the requirements of this Article by having the officer submit a copy of such person’s current private security officer permit which has been issued by the City of Wichita.

(2)   Private security officers must submit a copy of their current and valid City of Wichita private security officer permit to the Park City Police Department prior to conducting business as a private security officer within the City of Park City. 

(3)   In the event that such agency’s City of Wichita license expires or is revoked or suspended, the private security officer must file a copy of their renewed and/or valid permit with the Park City Police Department prior to conducting any business as a private security officer within the City of Park City.

(4)   The Park City chief of police shall have the sole discretion to decline to accept a City of Wichita private security officer license, and to require such private security officer to follow the private security officer permitting requirements otherwise established in this Article. Violation of any of the provisions of this section is a misdemeanor and shall be punished as set forth in Section 5-1132.

(Ord. 1189)

Every firm desiring to be licensed in the City of Park City, Kansas, as a private security agency shall make application therefore to the City of Park City. An application for a license under this article shall be on a form prescribed by the Park City Police Department and accompanied by the required application fee, certificate of insurance and corporate surety bond as required by this article. An application shall be verified and shall include:

(a)   The name of the agency under which the applicant intends to do business and the complete address of the applicant’s principal place of business, including the name and number of the street, or, if the street where the business is located is not numbered, the number of the post office box.

(b)   The full name and residence address of the applicant and personal information;

(c)   If the license is to be held by a corporation, the Resident Agent and Registered Office of said corporation;

(d)   The full name, date of birth, Social Security number and residence address of each of its partners, officers, directors or associates;

(e)   Full color photos of any vehicle or vehicles used by the agency and any uniform or uniforms worn by employees of the agency as required by Section 5-1126 and 5-1128 of this Article;

(f)    Before an application for a license may be granted, the applicant, or if the applicant is a corporation, partnership or other business entity, all of the officers, directors, partners, or associates shall:

(1)   Be at least 21 years of age,

(2)   Comply with such other qualifications as the Chief of Police may fix by rule or regulation;

(g)   The Chief of Police or the City Attorney or his or her designee may deny a license if the applicant or, if the applicant is a corporation, partnership or other business entity, any of its officers, directors, partners or associates has:

(1)   Committed any act which, if committed by a licensee, would be grounds for the suspension or revocation of a license under this article, or

(2)   Been convicted of a felony, or

(3)   Within ten years immediately prior to the date of application been convicted of any crime involving dishonesty or fraud, any weapons charge, any crime of violence, any crime involving physical force, or violation of any law regulating any controlled substance; or

(4)   While unlicensed, committed or aided and abetted the commission of any act for which a license is required by this article, or

(5)   Knowingly provided false information or made any false statement in his/her application or

(6)   Provided incomplete information or failed to provide any requested information on his/her application.

(h)   Before a license hereunder is issued, the Chief of Police or his or her designee shall request a criminal background check through the Kansas Bureau of Investigation to determine if the applicant, or if the applicant is a corporation, partnership or other business entity, any of its officers, directors, partners or associates has been convicted of any of the offenses set out above in subsections (g)(1) through (g)(3).

(i)    A licensee may request reconsideration of the denial of his/her application by following the procedures set forth in Section 5-1113 of this Code, and any amendments thereto.

(j)    If a license is denied for knowingly providing false information or making any false statement on an application, the applicant, whether an individual or a business entity, shall be ineligible to reapply for a license under this article for one calendar year from the date of the license denial.

(Ord. 1189; Ord. 1192)

Every new application for a Private Security Agency license shall be accompanied by a fee of $200.00 per year. Every application for a Private Security Agency license renewal shall be accompanied by a fee of $100.00 per year. All fees are non-refundable and no fees shall be pro-rated.

(Ord. 1189)

No license shall be issued under this article unless the applicant files a corporate surety bond with the city clerk. Such bond shall be executed by a company authorized to do business in this state in the sum of five thousand dollars, conditioned for the faithful and honest conduct of his/her business by such applicant. The city attorney shall approve each such bond as to its form, execution and sufficiency of the sureties. Such bond shall be taken in the name of the people of this city, and every person injured by any unlawful act of the principal or the principal’s employees or agents, whether licensed or not, may bring an action on the bond in his/her own name to recover damages suffered by reason of such unlawful act.

Every licensee shall maintain on file at all times the surety bond required by this article in full force and effect. Bonds executed and filed with the city clerk’s office pursuant to this article shall remain in force and effect until the surety has terminated future liability by a thirty-day notice to the city clerk.

(Ord. 1189)

All private security licensees shall carry insurance for the purpose of indemnifying third persons for bodily injury, in amounts not less than five hundred thousand dollars for each bodily injury and one million dollars aggregate limit; and further, to indemnify third persons for any damage to property as the result of the actions of said private security officer or employee, in the amount of not less than two hundred thousand dollars per claimant and five hundred thousand dollars aggregate limit. The insured shall cause to be filed a certificate of insurance with the city clerk approved as to form by the city attorney. It shall be the business licensee’s responsibility to determine that its insurance carrier has notified the city clerk of any lapse or cancellation in coverage within ten days of notification to the insured.

The policy shall also provide coverage in the amounts of not less than one hundred thousand dollars per claimant and three hundred thousand dollars aggregate limit for false arrest, slander and malicious prosecution.

(Ord. 1189)

(a)   A license, when issued, shall be in such form as may be determined by the city treasurer’s office, and shall include:

(1)   The name of the licensee;

(2)   The name under which the licensee is to operate;

(3)   The number and date of the license.

(b)   Any license issued shall be valid for a period of one year from the date of issuance and shall not be assignable. Renewal of any such license shall be made as prescribed for obtaining an original license, including payment of the appropriate fee required by this article, and providing proof of the required bond and insurance coverage.

(c)   It shall be unlawful for any private security agency to operate on an expired license. Any license presented for renewal that has expired shall be processed as a new agency license and shall be assessed the fee for a new agency as set forth in Section 5-1118 of this Code.

(Ord. 1189)

All private security agencies licensed under this ordinance are responsible for maintaining a record of each private security officer permitted under this ordinance. Such record shall include a copy of all information and/or documentation required to obtain a permit, which includes proof of identification, training, drug screening, etc., and any other information that the chief of police may require, as well as a copy of the employee’s most recent permit. Records required to be maintained by this section shall be kept for all current employees and for one calendar year after any employee is no longer employed by an agency.

(Ord. 1189)

Any permit or license issued pursuant to this article may be suspended or revoked by the chief of police if it is determined that the permitee, or licensee, or if the licensee is a corporation or other business entity, any of its officers, directors, partners associates or employees has:

(a)   Made any false statement or given any false information in connection with an application for a permit or license or a renewal or reinstatement of a permit or license; or

(b)   Violated any provision of this article; or

(c)   Committed any act which would be grounds for denial of an application for a permit or license or otherwise becomes ineligible for a permit or license; or

(d)   Failed to pay the annual permit or licensing fee; or

(e)   Has aided or abetted the commission of any act which is a violation of this article; or

(f)    If a licensee, failed to maintain on file with the city clerk the surety bond required by this article; or

(g)   If a licensee, failed to maintain in force the insurance coverage required by this article; or

(h)   If a licensee knowingly allowed or encouraged the violation of any of the provisions of this article by any employee.

(Ord. 1189)

If the Chief of Police suspends or revokes a permit or license under the provisions of this section, the following procedure will apply:

(a)   Notice shall be in writing and shall be personally served upon the permitee or licensee or sent by certified mail, return receipt requested, and shall include:

(1)   The reason for suspension/revocation;

(2)   The effective time and date of the suspension/revocation;

(3)   If a suspension, the length of time of such suspension;

(4)   The date by which and to whom the permitee or licensee must surrender the permit or license; and

(5)   Information regarding the permitee’s or licensee’s right to a hearing and appeal.

(b)   The permitee or licensee may request reconsideration of the suspension/ revocation by filing with the chief of police a written request for a reconsideration hearing within ten business days after receipt of the notice of revocation. Filing of a request for a reconsideration hearing shall stay the suspension/revocation of the permit or license until the chief of police conducts said hearing and renders a final decision.

(c)   If a request for a reconsideration hearing is not made within ten business days, the action suspending or revoking the permit or license shall be final.

(d)   If a request for a reconsideration hearing is made within ten business days, the chief of police shall serve as a hearing officer on the reconsideration of the permit or license suspension/revocation and shall consider evidence presented by any interested person. The chief of police shall render a decision on the basis of a preponderance of the credible evidence presented at the hearing, which shall be recorded.

(e)   The Chief of Police shall render a decision within ten business days of the hearing and that decision shall affirm, reverse or modify the suspension/ revocation. Written notice of the decision of the Chief of Police shall be personally served upon the permitee or licensee or sent by certified mail, return receipt requested, and shall include:

(1)   If the suspension/revocation is affirmed, the reason for such and date by which and to whom the permitee or licensee must surrender the permit or license;

(2)   If the suspension/revocation is reversed, the reason for the reversal;

(3)   If the suspension/revocation is modified, the reason for the modification and the extent of the modification; and

(4)   The right of the permitee or licensee to appeal the decision of the chief of police to the city council.

(f)    In the event a permitee or licensee desires to appeal the decision of the chief of police to the city council, written notice of such appeal shall be filed with the city clerk within ten business days of the date upon the chief’s written decision. Upon receipt of such notice the city clerk shall notify the chief of police who shall forward all relevant information and exhibits to the city clerk within ten business days. Any appeal taken from the decision of the Chief of Police shall stay the order of suspension/ revocation until the matter is heard and a decision rendered by the city council.

(g)   The city council shall review the record presented and will affirm or reverse in full or in part the action of the Chief of Police. All such appeals to the city council shall be on the record.

(h)   The permitee or licensee may appeal the decision of the city council to the Sedgwick County District Court in the manner provided by state statute. Any appeal to the district court shall not stay the decision of the city council.

(i)    For the purposes of subsections (a) and (e) above, if written notice is served by certified mail, return receipt requested, it shall be deemed sufficient upon the mailing of the notice to the most recent address on the application of the permitee or licensee.

(Ord. 1189)

To obtain a permit to work as a private security officer, a person must meet the following qualifications:

(a)   Be at least 18 years of age;

(b)   Be able to communicate effectively with both the general public and public safety personnel;

(c)   Have no felony conviction, nor be currently under indictment, charge or information for, or on diversion or deferred judgment for a felony offense;

(d)   Have no adjudication as a juvenile offender for an act that would constitute a felony if committed by an adult:

(1)   Within five years preceding the date of application for a non-person offense, or

(2)   Within ten years preceding the date of application for a person offense;

(e)   Have no misdemeanor conviction, shall not be currently under indictment, charge or information for, or on diversion or deferred judgment for a misdemeanor offense or have been adjudicated to be a juvenile offender as a result of the commission of an act that would constitute a misdemeanor if committed by an adult:

(1)   Within five years preceding the date of application for weapons charges, crimes of violence, or crimes involving physical force;

(2)   Within two years preceding the date of application for any other misdemeanor crimes not included in subsection (e)(1);

(3)   For the purposes of this section, “conviction” shall not include charges for which a person has successfully completed a diversion or deferred judgment program or which have been expunged or pardoned pursuant to the law of any applicable jurisdiction.

(f)    Have no history of or present mental, psychological or emotional impairment, unless, in the opinion of a licensed psychiatrist or psychologist, such impairment would not adversely affect the permitee’s ability to carry out the duties of a private security officer.

(Ord. 1189)

(a)   The application for a private security permit shall contain:

(1)   A full set of the applicant’s fingerprints;

(2)   Two passport-sized color photographs of the applicant taken within the preceding 30 days;

(3)   Proof of age and identity which must be provided by presentation of a government-issued or other official or apparently official document that is not encrypted, containing a photograph and signature of the application;

(4)   A letter from the agency stating that the applicant is being considered for employment;

(5)   A drug screening test, the results of which are no older than 30 days preceding the date of application, which has been performed by a licensed laboratory certified to conduct such testing, indicating the applicant is free from the use of amphetamines, barbiturates, benzodiazepines, cannabinoid, cocaine metabolites, opiates and phencyclidine; and

(b)   All questions on the application form shall be answered truthfully and fully in the applicant’s own handwriting. Falsifying or omitting any information requested on the application shall be cause for denying a permit. If a permit is denied for providing false information or making a false statement on an application, the applicant shall be ineligible to reapply for a permit under this article for one calendar year from the date of the permit denial.

(Ord. 1189)

Every person engaged in the business of or operating as a private security officer, under the provisions of this article, shall have a permit which includes a photograph of the holder, and any weapon such officer is authorized to possess and use in the course of such officer’s duties, if applicable, and shall display said permit upon demand by any law enforcement officer. This permit will be in the form approved by the Chief of Police.

It is unlawful for any permit holder to engage in any activities within the purview of this article without having such permit in his or her possession. Upon suspension, revocation or expiration of this permit, it shall be surrendered immediately to the Chief of Police.

(Ord. 1189)

An individual meeting the requirements of Section 5-1114 may be issued a temporary basic private security permit to perform the duties of a private security officer for a period not to exceed ninety days; provided, however, that the Chief of Police may, upon written request and for good cause shown, extend the ninety day duration of a temporary permit. No such temporary permit may be renewed and no individual shall be eligible for more than one temporary permit within a two year period.

(Ord. 1189)

The following fees are established for the permitting of private security officers. All fees are non-refundable and no fees shall be pro-rated:

(a)   Permit fees:

(1)   Initial permit: $120.00.

(2)   Additional permit (for private security officers employed by more than one agency): $35.00.

(3)   Permit renewal: $35.00.

(4)   Additional permit renewal: $35.00.

(5)   Permit replacement: $25.00.

(Ord. 1189)

(a)   The permit fee for the private security permit shall be in accordance with the schedule contained in Section 5-1118. No permit shall be issued for less than the full amount of such fee, and such permit shall be valid only for one year from the date of issuance and upon expiration must be surrendered as herein provided or renewed.

(b)   It is unlawful to act or perform the duties of a private security officer within the city on an expired permit. If a permit is presented for renewal that has been expired for longer than thirty days, it shall be processed as an initial permit and assessed the fee as set forth in Section 5-1118 of this Code.

(c)   It is unlawful for a manager, owner, operator or any person in charge of any private security agency within the city to allow a person to work as a private security officer on an expired permit.

(Ord. 1189)

(a)   No permit granted under the provisions of this article shall be transferable from one individual to another; or by an individual from employment by one private security agency to employment with another private security agency.

(b)   An individual may hold multiple permits allowing such individual to be employed by more than one private security agency, however, no additional permit will be issued without written authorization from all private security agencies with which the individual is or seeks to be permitted. The fee for an additional permit shall be as set forth in Section 5-1118.

(Ord. 1189)

(a)   It shall be unlawful for any agency that employs a private security officer, upon the termination such person’s employment, to fail to immediately notify the police department of such termination and to collect the person’s permit and surrender it to the police department. If for any reason such agency is unable to collect a permit upon termination of a private security officer, notification of the police department shall be made in writing within ten days explaining in full detail why the permit was not collected.

(b)   It is unlawful for any private security officer regulated by the provisions of this article to fail to immediately surrender such person’s permit upon termination of his or her employment as a private security officer. If the agency that employed the private security officer fails to collect the person’s permit as required in subsection (a) herein, the person shall be responsible for turning in his or her permit to the police department.

(Ord. 1189)

The City recognizes that certain employers who are not required to be licensed under the provisions of this article, and whose employees are not required to be permitted under this article may nonetheless desire that select employees obtain a private security permit. Such permits may be authorized by the chief of police under the following circumstances:

(a)   The employer must not be a private security agency as defined by Section 5-1101 of this Code.

(b)   The employee must meet all requirements of the particular permit for which he or she is applying, except those made inapplicable by this section.

(c)   As a part of the permit application, the employee must have a written request from his or her current employer that such employee be allowed to obtain a private security permit.

(d)   The employee must obey all the requirements of this article and any other ordinance of the City of Park City that is applicable to a person who holds a valid private security permit, including the requirement that the person surrender his or her permit upon termination of employment.

(Ord. 1189)

A list of authorized equipment and duty gear which may be carried, used and/or worn by private security officers permitted under this article and according to each category of permit shall be in writing and signed by the Chief of Police. Such list shall be posted on the City’s website and otherwise made available to all private security officers, agencies, and permit applicants. Carrying or use of any unauthorized equipment or wearing of any unauthorized duty gear by a private security officer permitted under this article or carrying or use of any equipment not authorized for the category of permit possessed by any private security officer is a violation of this article and shall be punished as set forth in Section 5-1132.

(Ord. 1189)

(a)   A permit allowing a private security officer to carry an electronic control device as authorized equipment shall be issued by the Chief of Police and shall be valid for one year from the date of issuance provided that all of the following requirements are met:

(1)   All persons applying for a permit to carry an electronic control device or seeking to renew an existing permit to carry an electronic control device shall provide proof of satisfactory completion of a training course for the use of such device as approved by the Chief of Police. Such course of training must be completed prior to the electronic control device permit or renewal permit being issued, and shall be provided by an instructor certified by the electronic control device manufacturer.

(2)   The private security officer is currently in possession of a valid and unexpired advanced private security permit.

(3)   The agency employing the private security officer provides a written statement to the Chief of Police that the officer has the agency’s permission to carry an electronic control device while performing the officer’s duties of employment.

(b)   A private security officer shall carry only the approved civilian version of any brand of electronic control device. A list of approved models shall be in writing and signed by the Chief of Police and shall be posted on the City’s website and otherwise made available to all private security officers, agencies, and permit applicants.

(c)   It is unlawful for any private security officer to carry an electronic control device while performing his or her duties as a private security officer without obtaining a permit as required in subsection (a) herein.

(d)   The permit to carry an electronic control device shall be documented on the private security officer’s permit, which must be in the officer’s possession at any time the officer is carrying the electronic control device.

(e)   Upon expiration, an electronic control device permit must be either renewed or surrendered as set forth in Section 5-1121.

Any person who violates or fails to comply with any of the provisions set forth in this Section shall be considered in violation of this article and shall be punished as set forth in Section 5-1132.

(Ord. 1189)

The Chief of Police may suspend or revoke any Electronic Control Device permit if the holder of a permit fails to comply with provisions of 5-1124, or for other good cause. The holder of the permit shall immediately be given notice of the cause of such suspension or revocation and an opportunity to be heard as set forth Section 5-1113, and subject to the procedures set forth therein.

(Ord. 1189)

(a)   Every permitted private security officer shall, at a minimum, display on the outermost garment the name of the private security agency by whom the permitted security officer is employed, the word “Security” and identification which contains the last name of the private security officer.

(b)   The name of the private security agency and the word “Security” shall be of a size, style, shape, design and type which is clearly visible by a reasonable person under normal conditions.

(c)   Such uniforms and any insignias worn by a permitted private security officer shall be distinctively different from those worn by officers of the Park City Police Department, the Sedgwick County Sheriff’s Office, the Kansas Highway Patrol, or any reserve component of the foregoing agencies.

(d)   Every private security agency shall provide to the Chief of Police a full color picture of the uniform or uniforms, including any external vest carrier, that are worn by employees of said agency. The photos shall be maintained on file with the police department and must be updated by the agency with each license renewal application and whenever there is any change in the uniform, within 30 calendar days of such change. Submission of photos may be by electronic means. Failure to submit such photo shall be considered a violation of this article and shall be punished as set forth in Section 5-1132.

(Ord. 1189)

(a)   It is unlawful for any private security officer to wear a uniform or display any badge, shoulder patch, logo or any other insignia or identification which contains the words “Law Enforcement” and/or similar word(s) including, but not limited to: police, agent, enforcement agent, detective, task force, fugitive recovery agent or any other combination of names which gives the impression that the bearer is in any way connected with the federal government, state government or any political subdivision of a state government.

(b)   It is unlawful for any person to wear a private security uniform as required in Section 5-1126 until a private security permit has been issued to such individual by the Chief of Police.

(c)   It is unlawful for any permitted private security officer to wear a private security uniform as required in Section 5-1126 or any other distinctive badge, shoulder patch, logo or other insignia or identification except as follows:

(1)   Directly from the individual’s residence to the individual’s place of employment;

(2)   During the individual’s tour of duty while actively engaged as a private security officer; and

(3)   Directly from the individual’s place of employment to the individual’s residence.

(d)   It is unlawful for any permitted private security officer to wear a private security uniform or any other distinctive uniform, badge, shoulder patch, logo or other insignia or identification into any tavern, private club or drinking establishment, except when the establishment has employed the private security officer to work in the capacity as a private security officer.

(e)   It is unlawful for any permitted private security officer to wear an external vest carrier as a part of his or her uniform unless the vest complies with the following criteria:

(1)   The word “Security” appears on the front and back of the vest with the letters being of a size, style, shape, design and type which is clearly visible by a reasonable person under normal conditions.

(2)   No vest will be equipped with a holster for a firearm.

(3)   No vest shall be equipped with security “add-ons” such as sleeves, collars, groin protectors, shoulder pads or coccyx protectors.

(4)   The vest shall conform to the requirements Section 5-1126, specifically, the name of the private security agency by whom the security officer is employed and identification which contains the security officer’s last name shall be displayed. The vest is also subject to the restrictions set forth in subsection (a) through (d) herein.

(f)    It is unlawful for any permitted private security officer to wear a tactical or bullet resistant vest that is designed to be worn as an internal vest or underneath other items of clothing as an external vest.

Any person who violates any of the provisions set forth in this Section shall be considered in violation of this article and shall be punished as set forth in Section 5-1132.

(Ord. 1189)

(a)   The vehicles used to conduct the business of a private security agency within the City of Park City by any licensee shall be of a design and color scheme distinctly different from that of the marked patrol vehicles of the Park City Police Department, the Sedgwick County Sheriff’s Office and the Kansas Highway Patrol. In addition, such vehicles shall be equipped only with lighting devices as required or authorized by state law and city ordinance. The word or words, “Security” or “Private Security” shall be prominently displayed on both sides of such vehicles, with the letters being of a size, style, shape, design and type which is clearly visible by a reasonable person under normal conditions.

(b)   No private security vehicle shall have the word “Police” painted, placed or otherwise displayed upon such vehicle, nor shall any insignia be painted, placed or otherwise displayed upon such vehicle which is similar to, or which could be confused with, a law enforcement vehicle.

(c)   Every private security agency shall provide to the Chief of Police a full color picture of the vehicle or vehicles that are being operated by employees of said agency. The photos shall be maintained on file with the police department and must be updated by the agency with each license renewal application and whenever there is any change in the vehicles used by the agency, within 30 calendar days of such change. Submission of photos may be by electronic means. Failure to submit such photo shall be considered a violation of this article and shall be punished as set forth in Section 5-1132.

(Ord. 1189)

A private security officer may exercise the power of making a citizen’s arrest only as set forth in K.S.A. 22-2403 and Section 5-1101(h) of this Code, and any amendments thereto.

(Ord. 1189)

Any person who shall wear a private security uniform or badge, or shall otherwise represent himself or herself to be a private security officer while such person is not duly permitted under this article to exercise the duties of a private security officer shall be deemed guilty of a misdemeanor and shall be punished as set forth in Section 5-1132.

(Ord. 1189)

If any section, subsection, or clause of the ordinance codified herein as Chapter 5, Article 11 of the Park City Municipal Code shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.

(Ord. 1189)

Any person, who, within the corporate limits of the City of Park City, violates any of the provisions of this article, or fails to comply with any requirements of this article shall be guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars nor in excess of two thousand five hundred dollars.

(Ord. 1189)