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HomeMy WebLinkAboutOrdinance No. 2964-2017CITY OF KENAI ORDINANCE NO. 2964-2017 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING KENAI MUNICIPAL CODE CHAPTER 5.15- PRIVATE DETECTIVE AGENCIES, REMOVING SPECIFIC LOCAL REGULATION OF DETECTIVE AGENCIES. WHEREAS, Kenai Municipal Code Chapter 5.15 provides for the regulation of detective agencies; and, WHEREAS, the last license issued to a detective agency was in July 2011; and, WHEREAS, the State does not license private detective and rejected legislation to do so as recently as 2015; and, WHEREAS, few, if any municipalities of a similar size in the State regulate private detectives; and WHEREAS, the Police Chief and City Clerk recommend a repeal of the Chapter because it is not utilized, is outdated making it difficult to administer, and carries an administrative burdening of updating associated fees each year as a part of the City's Fee Schedule; and, WHEREAS, issuing City licenses may allow private investigators to use the license as a credential to access certain data bases which is not an intent of the City's regulations. WHEREAS, it is in the best interest of the City to repeal KMC Chapter 5.15 rather than leave it on the books, as the burden and potential for misuse outweighs any benefit. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Repeal of Chapter 5.15 of the Kenai Municipal Code: That Kenai Municipal Code, Chapter 5.15- Private Detective Agencies, is hereby Repealed in its entirety: [Chapter 5.15 PRIVATE DETECTIVE AGENCIES SECTIONS: 5.15.010 DEFINITIONS. 5.15.020 DETECTIVE AGENCY LICENSE FEE. 5.15.030 DETECTIVE AGENCY APPLICATION —BOND. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2964 -2017 Page 2 of 5 5.15.040 PRIVATE DETECTIVE LICENSE —FEE. 5.15.050 PRIVATE DETECTIVE LICENSE — APPLICATION. 5.15.060 PENALTY. 5.15.070 GROUNDS FOR DENIAL OF LICENSE. 5.15.080 UNLAWFUL ACTS. 5.15.010 DEFINITIONS. THE WORDS AND PHRASES USED HEREIN, UNLESS THE CONTEXT OTHERWISE INDICATES, SHALL HAVE THE FOLLOWING MEANINGS: (A) "PRIVATE DETECTIVE BUSINESS' MEANS AND INCLUDES THE BUSINESS OF OR THE REPRESENTATION OF BEING ENGAGED IN THE BUSINESS OF, MAKING FOR HIRE, OR REWARD INVESTIGATION, OR INVESTIGATIONS WITH REFERENCE TO ANY OF THE FOLLOWING MATTERS: (1) DETECTING, DISCOVERING, OR REVEALING CRIME OR CRIMINALS OR SECURING SECRET INFORMATION OR EVIDENCE RELATING THERETO; (2) DISCOVERING OR REVEALING THE IDENTITY, WHEREABOUTS, CHARACTER, OR ACTIONS OF ANY PERSON OR PERSONS, THING OR THINGS; (3) THE HABITS, CONDUCT, MOVEMENTS, WHEREABOUTS, ASSOCIATIONS, TRANSACTIONS, REPUTATION, OR CHARACTER OF ANY PERSON, FIRM, OR CORPORATION; (4) THE CREDIBILITY OF WITNESSES OR OTHER PERSONS; (5) THE LOCATION OR RECOVERY OF LOST OR STOLEN PROPERTY; (6) THE CAUSES, ORIGIN, OR RESPONSIBILITY FOR FIRES, ACCIDENTS, OR INJURIES TO REAL OR PERSONAL PROPERTY; (7) THE AFFILIATION, CONNECTION, OR RELATION OF ANY PERSON, FIRM, OR CORPORATION WITH ANY UNION OR NON -UNION ORGANIZATION, WITH ANY OFFICIAL MEMBER OR REPRESENTATIVE THEREOF, OR WITH ANY PERSON OR PERSONS SEEKING EMPLOYMENT IN THE PLACE OF ANY PERSON OR PERSONS WHO HAVE QUIT WORK BY REASON OF STRIKE; (8) THE TRUTH OR FALSITY OF ANY STATEMENT OR REPRESENTATION; (9) THE BUSINESS OF SECURING FOR HIRE OR REWARD EVIDENCE TO BE USED BEFORE AUTHORIZED INVESTIGATION COMMITTEES, BOARDS OF AWARD OR ARBITRATION, OR IN THE TRIAL OF CIVIL OR CRIMINAL CASES. (B) "MERCHANT PATROL SYSTEM" MEANS AND INCLUDES THE BUSINESS OF FURNISHING FOR HIRE OR REWARD GUARDS OR OTHER PERSONS TO PROTECT PERSONS OR PROPERTY, PREVENT THEFT OR UNLAWFUL TAKING OF GOODS, WARES, AND MERCHANDISE, OR THE MISAPPROPRIATION OR CONCEALMENT OF GOODS, WARES, AND MERCHANDISE, MONEY, BONDS, STOCKS, CASES IN ACTION, NOTES, OR OTHER VALUABLE DOCUMENTS OR PAPERS; OR THE BUSINESS OF PERFORMING THE SERVICE OF SUCH GUARD OR OTHER PERSON FOR ANY OF SAID PURPOSES. (C) NOTHING IN THIS CHAPTER SHALL APPLY TO ANY OFFICER OR EMPLOYEE OF THE UNITED STATES OF AMERICA, THE STATE OF ALASKA, OR POLITICAL SUBDIVISION OF THE STATE OF ALASKA, APPOINTED OR ELECTED BY DUE AUTHORITY OF LAW; TO ANY PERSON, FIRM, OR CORPORATION WHOSE BUSINESS IS THE FURNISHING INFORMATION AS TO THE BUSINESS, FINANCIAL STANDINGS, CREDITS OF FIRMS, OR CORPORATIONS; NOR TO ANY PERSON, FIRM, OR CORPORATION INQUIRING AS TO THE PERSONAL HABITS AND New Text Underlined: [DELETED TEXT BRACKETED] Ordinance No. 2964 -2017 Page 3 of 5 FINANCIAL RESPONSIBILITY OF APPLICANTS FOR INSURANCE, INDEMNITY, BONDS, OR COMMERCIAL CREDIT, OR OF CLAIMANTS UNDER INSURANCE POLICIES. 5.15.020 DETECTIVE AGENCY LICENSE FEE. IT IS UNLAWFUL FOR ANY PERSON TO ENGAGE IN BUSINESS AS A DETECTIVE AGENCY WITHOUT HAVING FIRST OBTAINED A CITY LICENSE SO TO DO, TO BE KNOWN AS A "DETECTIVE AGENCY LICENSE." THE FEE FOR SAID LICENSE SHALL BE AN ANNUAL FEE AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. IF THE APPLICANT IS AN ASSOCIATION, FIRM, OR CO- PARTNERSHIP, SUCH APPLICATION SHALL BE SIGNED PERSONALLY BY EACH PERSON COMPOSING OR INTENDING TO COMPOSE SUCH ASSOCIATION, FIRM, OR CO- PARTNERSHIP. IF THE APPLICANT IS A CORPORATION, SUCH APPLICATION SHALL BE SIGNED BY THE OFFICER OF THE CORPORATION AUTHORIZED TO SIGN SUCH DOCUMENTS IN THE STATE OF ALASKA. SUCH APPLICATION SHALL BE SWORN TO BY ALL PERSONS SIGNING THE SAME BEFORE SOME PERSON AUTHORIZED TO ADMINISTER OATHS. 5.15.030 DETECTIVE AGENCY APPLICATION — BOND. (A) APPLICATION FOR A DETECTIVE AGENCY LICENSE SHALL BE MADE TO THE KENAI POLICE DEPARTMENT ON FORMS TO BE FURNISHED BY THEM FOR THAT PURPOSE AND EACH PERSON SIGNING THE APPLICATION MUST STATE HIS OR HER FULL NAME, AGE, RESIDENCE, PRESENT AND PREVIOUS OCCUPATIONS OF HIS OR HER PRESENT OR FORMER EMPLOYERS, AND SHALL GIVE PERMISSION FOR A COMPLETE INVESTIGATION OF THE APPLICANT. (B) EACH PERSON SIGNING THE APPLICATION MUST HAVE ALREADY OBTAINED OR HAVE CONTINGENT APPROVAL FOR A PRIVATE DETECTIVE LICENSE AS PROVIDED FOR BY THIS CHAPTER, AND SAID APPLICATION SHALL BE ACCOMPANIED BY A SURETY BOND COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE IN THE PRINCIPAL SUM OF FIVE THOUSAND DOLLARS ($5,000.00), CONDITIONED THAT THE LICENSEE SHALL, AND ALL HIS OR HER EMPLOYEES WILL, COMPLY WITH ALL THE REQUIREMENTS OF THIS CHAPTER INSOFAR AS THEY RELATE TO THE BUSINESS OF PRIVATE DETECTIVE OR DETECTIVE AGENCIES. 5.15.040 PRIVATE DETECTIVE LICENSE — FEE. IT IS UNLAWFUL FOR ANY PERSON, WHETHER LICENSED AS A DETECTIVE AGENCY OR NOT, TO ENGAGE IN THE PRIVATE DETECTIVE BUSINESS OR TO ACT OR ENGAGE IN BUSINESS AS A PRIVATE DETECTIVE WITHOUT HAVING FIRST OBTAINED A CITY LICENSE SO TO DO, TO BE KNOWN AS A "PRIVATE DETECTIVE LICENSE." THE FEE FOR SAID LICENSE SHALL BE AN ANNUAL FEE AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. SUCH PRIVATE DETECTIVE LICENSE SHALL CARRY THE NAME OF THE DETECTIVE AGENCY BY REASON OF WHICH THE PRIVATE DETECTIVE LICENSE IS ISSUED, AND SUCH LICENSE SHALL BE IN FORCE AND EFFECT ONLY AS LONG AS SUCH PERSON IS POSSESSED OF, OR IS A MEMBER OF A PARTNERSHIP OR OFFICER OF A CORPORATION HOLDING, OR IS EMPLOYED BY THE HOLDER OF SUCH DETECTIVE AGENCY LICENSE. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2964 -2017 Page 4 of 5 5.15.050 PRIVATE DETECTIVE LICENSE — APPLICATION. APPLICATION FOR A PRIVATE DETECTIVE LICENSE SHALL BE MADE TO THE KENAI POLICE DEPARTMENT ON FORMS TO BE FURNISHED BY THEM FOR THAT PURPOSE; SHALL BE SIGNED BY THE APPLICANT AND SHALL STATE HIS OR HER FULL NAME, AGE, RESIDENCE, HIS OR HER PRESENT AND FORMER EMPLOYERS AND SHALL GIVE PERMISSION FOR A COMPLETE INVESTIGATION OF THE APPLICANT. SUCH APPLICATION MUST BE ACCOMPANIED BY A COMPLETE SET OF FINGERPRINTS AND A PHOTOGRAPH. NO APPLICATION SHALL BE APPROVED BY THE KENAI POLICE DEPARTMENT UNLESS THE APPLICANT IS TWENTY -ONE (21) YEARS OF AGE OR OLDER, A CITIZEN OF THESE UNITED STATES, AND OF GOOD MORAL CHARACTER AND REPUTATION; NOR SHALL THE KENAI POLICE DEPARTMENT BE AUTHORIZED TO ISSUE A LICENSE TO ANYONE WHO IS ADDICTED TO THE USE OF INTOXICANTS OR NARCOTICS; HAS BEEN CONVICTED OF A FELONY WITHIN TEN (10) YEARS PREVIOUS TO THE DATE OF APPLICATION, OR HAS BEEN CONVICTED AT ANY TIME OF A FELONY OR MISDEMEANOR INVOLVING MORAL TURPITUDE OR ASSAULT WITH A DEADLY WEAPON OR THE USE OF OR TRAFFIC IN NARCOTIC DRUGS OR TRAFFIC IN WOMEN FOR IMMORAL PURPOSES. 5.15.060 PENALTY. ANY PERSON FAILING TO COMPLY WITH, OR VIOLATE ANY PROVISION OF THIS CHAPTER SHALL BE GUILTY OF A VIOLATION, AND UPON CONVICTION SHALL BE FINED AS PROVIDED FOR VIOLATIONS IN KMC 13.05.010. EVERY DAY UPON WHICH A VIOLATION SHALL CONTINUE SHALL CONSTITUTE A SEPARATE OFFENSE. 5.15.070 GROUNDS FOR DENIAL OF LICENSE. IF, IN THE OPINION OF THE KENAI POLICE DEPARTMENT, THE APPLICANT DOES NOT MEET THE REQUIREMENTS AND QUALIFICATIONS ESTABLISHED BY THIS CHAPTER, HE OR SHE MAY DENY THE ISSUANCE OF EITHER A TEMPORARY OR A PERMANENT LICENSE. WHEN THE KENAI POLICE DEPARTMENT SHALL REFUSE TO ISSUE EITHER A TEMPORARY OR PERMANENT LICENSE, IT SHALL BE DONE IN WRITING, STATING BRIEFLY AND CONCISELY THE REASONS FOR SUCH DECISION. 5.15.080 UNLAWFUL ACTS. IT IS UNLAWFUL FOR ANY PERSON, UNLESS DULY LICENSED SO TO DO PURSUANT TO THIS CHAPTER, TO ENGAGE IN, ADVERTISE, OR TO HOLD HIM OR HERSELF OUT AS A PRIVATE DETECTIVE OR REPRESENT HIM OR HERSELF AS BEING ENGAGED IN THE PRIVATE DETECTIVE BUSINESS. IT IS UNLAWFUL FOR ANY LICENSEE UNDER THIS CHAPTER TO ASSUME TO ACT AS ANY OFFICER OF THE LAW WITHOUT PROPER AUTHORITY.] Section 3. Severabilitv: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. New Text Underlined: [DELETED TEXT BRACKETED] Ordinance No. 2964 -2017 Page 5of5 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of June, 2017. BRIAN GABRIEL SR., MAYOR ATTEST: / it Clerk�,�L/ -fi�J �06 New Text Underlined; [DELETED TEXT BRACKETED] Introduced: May 17, 2017 Enacted: June 7, 2017 Effective: July 7, 2017 lvlflaye mld a Past 6 0 wit! a Fta'Oe „ ;- _ 210 Fidalgo Ave, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 1 Fax: (907) 283 -3014 the city o f www.kenai.city KENAI, ALASKA \`/ MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager 7> c7 FROM: David Ross, Police Chief DATE: 5 -9 -2017 SUBJECT: Repeal of KMC Chapter 5.15, Regulation of Private Detective Agencies I would like to recommend repeal of Chapter 5.15 Private Detective Agencies, from the City Code. Private Detectives are not regulated or licensed (other than a normal business license) by the State of Alaska and do not have any special rights under statute. Few if any, municipalities our size in the State regulate private detectives. The current City code is outdated, has portions that would be difficult to administer, and not regularly utilized. In my experience the bulk of private investigative work is done for or on behalf of attorneys or insurance companies. Private investigator work likely currently occurs on a somewhat regular basis within the City, by investigators that may not be based in the City and don't have store fronts in the City. From City Clerk records it appears that four individuals may have gone through the City licensing process over the last eighteen years, but there are none currently licensed. As recently as 2015 the Alaska legislature reviewed a bill to regulate private investigators on a statewide level, however that bill did not become law. One of the issues brought forth in that failed legislation in Alaska was that the State currently issues business licenses that say "Investigative Services," but does not have a licensing process other than to issue a business license. Private investigators are able to use licensing credentials like the State business license to gain access to restricted national databases that provide access to personal information. In the same way, it should be considered that the City might be providing a 'credential' when it provides a private detective license, and that credential could be used to help access certain information about people. Those changes in technology /resources that make this possible may not have been considered when the current code was written.