HomeMy WebLinkAboutORDINANCE NO. 9038I
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l OP,DINANCE N0. 903g
j An Ordinance regulating and licensing detectives and detective agencies within
the City of Eugene, and progiding penalties for iaiolation thereof.
THE CITY OF EUGF'NE DOES ORDAIN AS FOLLOWS:
Section 1. FEES. The license fees for detectives and detective agencies
shall be:
i Private detective, annually $25.00
Detective agencies employing three a•lesa
± _ operatives, annually 125.00
1 Detective agencies employing four or more
1 operatives, annually 200.00
i Any agency having three'or less operatives at the time of obtaining a license and
which shall, subsequent to the issuance thereof, employ additional operatives, making the
total so employed more than three, shall pay an annual license fee of $25.00 for each
such additional operative. No license Shall be issued for less than the foil annual
fee. A bond hereinafter provided, which shall be approved as to form by the City
Attorney, must be furnished before any license is issued. No provisional license
shall be issued.
Section 2. DEFINITIONS.
(a) The term "detective business" is hereby defined to mean the business of
making, for hire, an investigation or investigations for the purpose of
obtaining information with reference to any of the following matters:
crimes against any commonwealth or wrongs done or threatened; the habits,
! conduct, movements, associates, transactions, reputation or character of
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j persons, fi~ins, or corporations; the credibility of witnesses or other
persona; the location or recovery of lost or stolen property; the securing
of evidence to be used before authorized investigating committees, boards
of award or arbitration, or in the trial of civil or criminal cases; the
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cause, origin, or responsibility for fires, accidents or injury to real
' or personal property; or strikes.
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} {b) The: term "private detective" is hereby defined to ~ an a person engaged in
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~ the detective business, for hire, who does not employ or use any employees,
assistants, clerks, bookkeepers, or operatives.
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(c) The term "detective agency" is hereby defined to mean any person engaged in
~ the detective business for hire, which employe one or more persons as
employee, assistants, clerks, bookkeepers, or operatives in its business;
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~ provided, that persons engaged in such business whose employes, other than
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~ office employee, are in full uniform, shall not be classed as a detective
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agency.
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(d) The term "for hire" ae used he rein shall be deemed to include compensation
paid directly or indirectly,
Section 3. ADDITIONAL EMPLOYEES. The holder of an unexpired license for a
detective agency issued pursuant to this Ordinance, may employ~~to assist him in hie
work and in the conduct of his business as many persons as he may deem necessary, and
shall at all times during such employment be accountable for the good conduct in the
~' business of each and every person so employed.
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It shall be unlawful for any person to act, or to hold himself out as a special
or private detective for hire, within the City ,of Eugene, or for any person to engage
'~i in, or hold himself out as being engaged in the business of furnishing or supplying
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~~ special or private-detectives within the City of Eugene, unless such person is licensed
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'I under. this article or is regularly employed by a duly licensed special or private
detective, named and described in the records of the Police Department and City Recorder
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of the City of Eugene, as hereinafter provided.
~ Section ~. APPLICATION. In addition to the usual required form and information,
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,the following privisions shall apply to the application for license provided in this
~ article.
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(a) If the applicant is an individual, the application shall be signed and
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verified by such individual; and if the applicant is a firm or partnership,
the application shall be signed and verified by each individual composing
or intending to compose such firm or partnership. The application shall
state the full name, age, residence, present and previous occupations,
covering a period of five years prior to such application, of each individual
so signing the same and shall show-that he is a citizen of `the IInited States.
Such application shall also give the location of the off ice in the City of
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Eugene; and if there is more than one office, the location of each of the
same, with facts sufficient to show the good character, competency and
i,~ integrity of each individual so signing such application. Such application
shall be approved as to each individual so signing the same by not less than
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five reputable citizens, each of whom shall certify that he has personally
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known such applicant for a period of at least five years prior to the filing
of such application, that he has read such application and believes each of
the statements made therein to be true, and that such person is honest, of
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j good character, competent, and not related or connected by blood or marriage
to the person so certifying. The certificate of approval shall be signed by
~ each of such citizens and duly verified before an officer authorized to
administer oaths.
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If the applicant is a corporation, the application shall be signed and verified
by the president, secretary, and treasurer thereof, or, if a foreign corporation,
Such application shall be accompanied by a certificate signed by the proper
officers of such corporation showing the place and date of incorporation, a
certified. copy of its right to do business in the State., of Oregon, and the name
of its duly authorized local agent. Such application shall be signed and verified
by such duly authorized local agent of such corporation. The application shall
state the name of such corporation, its home office, and principal place of
business is the City of hhigene, Eash and every requirement of the foregoing
paragraphs of this section, as to a single individual or the individual members
of a firm or partnership, shall apply to the president,' secretary, and. treasurer
of a domestic corporation and to the duly authorized local agent of a foreign
corporation. Eash of such afficers or local agents, hits successor or successors,
shall, prior to entering upon the discharge of his duties, sign and verify a like
"•~~ statement, approved in like manner, as prescribed by said foregoing paragraph in
the case of a single individual or individual member of a firm or partnership.
In the event of the death, resignation or removal of any such off.icer•or duly
authorized local agent, due notice of that fact shall forthwith be given in writing
j to the City Recorder.
l (b) Upon receipt of an application, the City Recorder shall fororard the same to
r the Chief of Police for investigation and report. Before making any recomnend-
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ation, the Chief of Police shah cause the applicant, if said applicant be an
' individual; each-member of a firm or partnership, if said applicant be a firm or
- partnership; or the officers of a local corporation or the authorized local agent
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f~ of a foreign corporation; if the applicant be a local or foreign corporation,
to be interviewed and his or their photograph and fingerprints taken and a
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C thorough investigation made into the character, reputation, and ability of the
j applicant~or those making such application. The provisions of this code relating
1 to provisional licenses shall not apply to this license, and no 13,cense shall
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~ issue without the Chief of Police having approved the application. In event the
i Chief of police shall recommend against the issuance of such-license the applicant
shall have the right of appeal to the Council.
~ ~ Section 5. BOND. The applicant shall execute and deliver to the City Recorder, a
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bond- with good and. sufficient surety in the sum of $1000.00 if a private detective, and
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( in the sum of $2500.00 if a detective agency, •conditioned upon the faithful and honest
~ conduct of such business by such applicant. Such bond shall. be taken in the name of
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the city, and. any person who shall have been injured by the wilful, malicious, or
4 wrongful act of such licensee may bring an action on said bond in his name to recover
! damages suffered by reason of such wilful, malicious, or wrongful act.
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Section 6. TRANSFER. No license granted under the provisions of this Ordinance
shall be transferable.
Section 7. DIVULGING INFORMATION. No person who is or has been an employe of a
holder of a license granted under the provisions of this ordinance shall divulge to
any one other than his employer, except as may be required by law, any information
acquired by him during such employment in respect to any of the work to which he shall
have been assigned by such employer, or any information obtained by him in such
employers service.
Section 8. FALSE REPORTS. No person who is an employe of a holder of a license
issued under the provisions of this ordinance shall make any false report or account
to his employer.
Section 9. IDENTIFICATION. Every private detective and every employe of a
detective agency licensed under the provisions of this ordinance shall at all times
have in his or their possession an identification card in form to be approved by the
City Recorder-and Police Department, Said identification card, in addition to such
requirements as may be provided by said City Recorder and Police Department, shall
include a photograph of the holder and shall bear his thumbprint and signature. It
shall be unlawful for any person so licensed or the employe of any agency so licensed
to engage in any work coming within the purview of this ordinance without having such
identification care in his possession, and it shall be unlawful for an unlicensed
person or employe of an unlicensed agency to have such identification card. Upon
revocation of license, the identification cards of all employees of an agency whose
license has been revoked shall be surrendered.. All such identification cards shall
be surrendered to the City Recorder upon the issuance of a new license and such
identification cards shall be valid only for the c~.lenda.r or fiscal year in which they
are issued.
Section 10. REVOCATION. In addition to the general authority contained in this
ordinance for the revocation of license, any license issued under the provisions of
this Ordinance may be revoked by the Council upon hearing dzzly had, for any of the
following reasons:
(a) If it shall appear that such licensee has knowingly violated any of the
provisions of this ordinance.
(b) If it shall appear that such licensee has knowingly instructed any employe
to violate any of the provisions of this ordinance.
(c) If it shall appear that auEh licensee has knowingly made a false report in
respect to any of the matters in which said licensee may be employed.
(d) If it shall appear that such licensee has divulged any information which he
acquired from or for his client to any person other than.his client, except
when authorized, by his client to divulge such information, or when required
to do so by law.
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(e) If it shall appear that such licensee has knowingly and Vri lfully swo rn falsely
in any judicial proceeding, or suhornsd perjury therein.
(f) If it shall appear that such licensee has k-nov:ingly permitted any employe to
make a false report or has knewingly ;e rmitted any employe to divulge any
i.nfo??nation acquired from or for his client.
(g) If it shall appear that such licensee has accepted money or gratuities from .
any person whose affairs he may have been employed by any other person to
investigate
In the event it shall appear that an copartner or an~r member of a firm or any
officer or authorized local agent of a corporation holding a license hereunder has done
any of the things set forth in the foregoing paragraphs of this Ordinance, then the
Council may revoke the license of such ~.rtnership, firm, or corporation.
Section 11. EXE~II'TIONS . nlothng in this Ordinance sh all apply to +he following
persons
,(a) Axi`r officer belonging to the police force of the United States, the state, or
of. any county, city, town or other municipal corporation, appointed of`
elected by due authority of lativ, insofar as their activities in such official
capacities are concerned ~
(b) Any person in the emplo;l of any police force or pol'i'ce department of the United
States or any agency of the United States, the state, county, city, town or
other municipal corporation, ti~vhile engabed in the performance of his official
duty;
(c) Any United States or state district attorney, the United States or state
attorney general or city attorney, or their duputies or a ssistants, or any
person ir_ the employ of suer district attorney, attorney general or dity
attorney while engaged in the performance of his official duties;
(d) Any association or corporation organized for patriotic purposes and not for
pecuniary profit;
(e) A,ny special or private policemen or watchmen;
(f) Any otter person engaged in the business of doing only police u~Ic and not in
the detective or secret-service business.
Section 12. VIOLATION. Any person violating any of the provisions of this
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Ordinance shall, upon conviction thereof, be punished by/fine ,not exceeding x`,200.00,
or by imprisonment in the city jail fora period not exceeding six months, or by both
such fine and imprisonment. In the event that a provision of. ~t.his ordinance is violated
by a firm or corporation, the officer or officers or person or ~~ersons responsible for
the violation shall be subject to the penalty herein provided.
approved by the Ma~ror this
Passed by the Common Council
~ 12th day of ;~u~a~t:,: ~-917•
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/s/ Earl L. L~cNutt, Mayor
.this , llth day of A~i~~ust_1~lJ:7.
/s/ John FieJ_ds, City Recorder