NOTICE OF ORDINANCE CHANGES PERTAINING TO PRIVATE SECURITY SERVICES EFFECTIVE: JUNE 4, 2008

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1 OFFICE OF THE CITY CLERK CITY OF COLORADO SPRINGS TO: FROM: CONTRACT SECURITY AGENCY OWNERS, MANAGERS AND INSTRUCTORS KATHRYN M. YOUNG, CITY CLERK NOTICE OF ORDINANCE CHANGES PERTAINING TO PRIVATE SECURITY SERVICES EFFECTIVE: JUNE 4, 2008 Outlined below are significant changes to the Private Security Services Ordinance: 1. The use of Canine/K-9 Units by a Private Security Agency or Private Security Officer while performing security services is prohibited. Refer to Sections Definitions and (J) - Unlawful Acts; Violations; Penalty. 2. Proprietary Security Organizations and licensing requirements for an armed employee of a proprietary security organization have been removed from the ordinance. 3. Armed Private Security Officers may carry semi-automatic pistols. Refer to Section (E) for specific firearm and ammunition requirements. 4. Private Security Officers may use or carry one (1) set of stainless steel standard issued handcuffs and no more than three (3) ounces of OC spray while exercising the privileges of the license after receiving appropriate training and/or certification. The training must be specifically identified in the training certificate. Refer to Section (A) (3) (k and I), 5. Private Security Officers may carry Conductive Energy Devices as long as the criteria and training standards specifically identified in Section (C) are adhered to. 6. Minimum training standards have been added to the ordinance and can be found in Section (A), (B) and (C). The standards, requirements and certificates must follow the specifics identified in the ordinance. Any deterrence from the ordinance will result in licensing delays. 7. Firearm and Conductive Energy Device endorsements will expire at the same time as the private security officer license. 8. Contract Security Agencies must obtain approval from the Deputy Licensing Officer for any uniform proposal prior to permitting, allowing or requiring the uniform to be worn. Refer to Section (l)(3). 9. Refer to Section for specific uniform and vehicle requirements. 10. A Security Training Advisory Board has been created for the purpose of advising the City Clerk on matters related to establishing minimum standards for private security officer basic and firearm and conductive energy device training. Refer to Section for Board representation and terms. Interested persons should send a letter of interest to the Office of the Mayor at 107 N. Nevada Ave., Colorado Springs, CO Questions may be directed to Will Reed at S. Nevada Ave., Suite 101 TEL FAX Mailing Address: Post Office Box 15 75, Mail Code 110 Colorado Springs, Colorado

2 CITY AJTY'S OFFICE CODE Ch ATTY INI1 PATENS" ORDINANCE NO AN ORDINANCE AMENDING VARIOUS SECTIONS OF PART 2 (PRIVATE SECURITY SERVICES) OF ARTICLE 3 (SALES OF GOODS AND SERVICES) OF CHAPTER 2 (BUSINESS LICENSING, LIQUOR REGULATION AND TAXATION) AND SECTION 202 (USE OF CERTAIN CHEMICALS PROHIBITED) OF PART 2 (OTHER DANGEROUS WEAPONS AND SUBSTANCES) OF ARTICLE 7 (DANGEROUS WEAPONS AND SUBSTANCES) OF CHAPTER 9 (PUBLIC OFFENSES) OF THE CODE OF THE CITY OF COLORADO SPRINGS 2001, AS AMENDED, PERTAINING TO PRIVATE SECURITY SERVICES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS: Section 1. That various sections of Part 2 (Private Security Services) of Article 3 (Sales of Goods and Services) of Chapter 2 (Business Licensing, Liquor Regulation and Taxation) of the Code of the City of Colorado Springs 2001, as amended, is hereby amended to read as follows: : DEFINITIONS: * * * CANINE OR K-9 UNIT: A dog regularly and specifically utilized by a law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders and does not pertain to a dog used to guard or protect a building or enclosure for the purpose of detecting and warning that an intruder is present in or near a securely confined area.

3 CONDUCTIVE ENERGY DEVICE: A device capable of temporarily immobilizing a person by the infliction of an electrical charge, including but not limited to stun guns 1 and lasers 2. CONTRACT SECURITY AGENCY: Any person who, for a fee or other consideration, provides or agrees to provide the services of agrees to furnish or furnishes a private security officer on a contractual basis to another person or entity. PERSON: A natural person over the age of eighteen (18), partnership, association, company, corporation, or organization. PRIVATE SECURITY OFFICER: A person employed or engaged by a private security agency to provide security services, or as a security guard, an armored car service guard, an armed alarm response runner, an armed courier, an armed employee of a proprietary security organization or as a patrol person. This definition shall apply to the owner, agent or principal of a contract security agency who also performs security services for any contract security agency. PROPRIETARY SECURITY ORGANIZATION: A businoso, which operates a security department which has as its general purpose tho protection and security of the business's own property, and personnel and who does not offer or provide security services to any other person or entity. SECURITY SERVICES: Those services which include, but are not limited to, the prevention of burglary, robbery, theft, shoplifting, criminal mischief, arson, assault or trespass and the observation, investigation, detection and/or reporting of incidents to prevent or deter any unlawful or unauthorized activity, the control, regulation or direction of the flow or movements of persons on private property, whether by vehicle, by foot or otherwise. (Ord ; Ord ) : LICENSE REQUIRED; EXEMPTIONS; TRANSFERABILITY: B. The provisions of this section shall not apply to the following persons while engaged in the performance of their duties: 1. Sheriffs, undersheriffs, deputy sheriffs, police officers, Colorado State patrol officers, POST certified corrections officers, marshals, deputy marshals, district attorney investigators, investigative agents employed by the Colorado Bureau of Investigation or Federal law enforcement officers who are employed full-time in that capacity, including any time that full-time law enforcement officers are employed as private security officers with the approval of their departmental superiors^. 1 C.R.S Trademark name of most available devices from laser International.

4 2. A reserve police officer who performs duties for a local unit of government which granted the reserve commission, while within the jurisdiction of that unit of government^. 3. Any person who performs airport pre-departure screening services regulated by the Federal Aviation Administration : QUALIFICATIONS FOR LICENSE: Every applicant for a private security officer license provided in thic part and, in the case of an applicant for a contract socurity agency's license, every principal of the-a contract security agency applying for a contract security agency license applicant shall be at least eighteen (18) years of age and shall meet all other requirements specified for the license. Any applicant requesting a firearm and/or conductive energy device endorsement shall be at least twenty-one (21) years of age. (Ord. 98-7; Ord ) : FEES: The City Clerk's Office shall charge fees for applications for original and renewal licenses, fef^background checks, copies of licenses or identification cards, and for a change tn-of employer. Fees shall be determined and collected by the City Clerk's Office pursuant to sootion et soq. part 5 of article 1 of this chapter. (Ord 98-71; Ord ) : APPLICATION REQUIREMENTS FOR CONTRACT SECURITY AGENCY LICENSE: A. Every application for a license to operate a contract security agency shall contain the following: 1. The full name and any other names under which each principal is or has been known, address and telephone number, date of birth, and social security number, and full doscription of each principal and registered or managing agent for the applicant; 5. Two (2) recent passport size color photographs of each principal and one (1)two (2) classifiable sets of fingerprints of each principal and managing agent; 7. A statement containing the date, and place and disposition of any criminal historyconviction and/ or charges of any principal and managing agent of the applicant;

5 B. An application for an original or renewal license shall be accompanied by: 2. A trade name registration, if any, and a certificate of good standing from the Colorado Secretary of State. 23. A certificate of the required workers' compensation insurance, or a notarized statement requesting an exemption from this requirement and stating the grounds for the request; 34. A statement of the work history of each principal of the applicant.i-afl4 4-. Tho following insurance roquiremonts shall bo mot by oach licensed contract security agency: Or. Workers' compensation and employers' liability as required by statute. Employers' liability coverage is to bo carried for a minimum limit of ono hundred thousand dollaro ($100,000.00). & Automobile liability for limits not less than five hundred thousand dollars ($500,000.00) combined single limit for bodily injury and property damage for each occurronco. Coverage shall include owned, non owned and hired automobiles. G-. Commorcial gonoral liability for limits not loss than ono million dollars ($1,000,000.00) combined single limit for bodily injury and property damage for each occurronco. Coverage shall include blanket contractual, broad fefm property damage, products and completed operations endorsements. 4-. Certificates of insurance must shall bo submitted boforo tho license is issued or renewed. e^ Each policy of insurance shall contain an endorsement requiring the insurance carrier to notify the City at least thirty (30) days in advance of the effective date of any reduction or cancellation or change of the policy. All policies shall bo kopt in force and effect for the period of the license. Tho licensee shall be responsible for any and all damage to property or injury to persons arising out of tho exercise of tho license. The licensee shall indemnify and save harmless the City and its officers, agents and employees from all suits, actions or claims of injuries received or sustained by any person or persons or property on account of any act or omission of the licensoo, its agents or employees, or duo to tho failure of the licensee to observe tho provisions of this section.. The cancellation or reduction of insurance shall bo cause for automatic suspension of tho license until tho coverage shall be reinstated.

6 All policies shall be kopt in force and effect for the period of the license. (Ord ; Ord ) : INSURANCE REQUIREMENTS: The following insurance requirements shall be met by each licensed contract security agency: A. Workers' compensation and employers' liability as required by statute. Employers' liability coverage is to be carried for a minimum limit of one hundred thousand dollars ($100,000.00). B. Automobile liability for limits not less than five hundred thousand dollars ($500,000.00) combined single limit for bodily injury and property damage for each occurrence. Coverage shall include owned, non-owned and hired automobiles. C. Commercial general liability for limits not less than one million dollars ($1,000,000.00) combined single limit for bodily injury and property damage for each occurrence. Coverage shall include blanket contractual, broad form property damage, products and completed operations endorsements. D. Certificates of insurance shall be submitted before the license is issued or renewed. E. Each policy of insurance shall contain an endorsement requiring the insurance carrier to notify the City at least thirty (30) days in advance of the effective date of any reduction or cancellation or change of the policy. All policies shall be kept in force and effect for the period of the license. F. The licensee shall be responsible for any and all damage to property or injury to persons arising out of the exercise of the license. The licensee shall indemnify and save harmless the City and its officers, agents and employees from all suits, actions or claims of injuries received or sustained by any person or persons or property on account of any act or omission of the licensee, its agents or employees, or due to the failure of the licensee to observe the provisions of this section. G. The cancellation or reduction of insurance shall be cause for automatic suspension of the license until the coverage shall be reinstated. All policies shall be kept in force and effect for the period of the license. (Ord ; Ord ) : APPLICATION REQUIREMENTS FOR PRIVATE SECURITY OFFICERS: A. Contents: Every application for an original or renewal private security officer license shall contain the following:

7 4. A statement containing the date and place of any criminal history conviction and/or charge of the applicant; B. Firearm/CED Endorsement: 1. Qualifications for a firearm/ced endorsement: h- The applicant must take and pass a City approved firoarm safety and familiarization course; k- The applicant must pass a firoarm ondoroemont tost approved by tho Deputy Licensing Officer; GT The applicant must shall be certified annually by the applicant's employer to carry a firearm and/or CED during the course of employment. Prior to annual renewal of the firearm endorsement, the applicant shall provide proof of a minimum re-qualifying range proficiency score of seventy-five percent (75%) acquired no more than six (6) months prior to the renewal application. Prior to annual renewal of the CED endorsement, the applicant or the applicant's employer shall certify completion of continuing training and education regarding the use of conductive energy devices. The applicant must have no convictions of Federal, State or local laws relating to domestic violence or weapons, firearms, domestic abuse violations or offenses related to unlawful sexual behavior. 2. It shall bo unlawful for any private security officer to carry a firearm while performing security services for a contract security agency without first obtaining a firearm endorsement. The firearm/ced endorsement shall authorize a licensed private security officer to carry a firearm/ced only when providing or performing security services as a duty of the officer's employment with a contract security agency It shall be unlawful for a private security officer to carry a concealed firearm during tho course of employment. 3. The possession of a concealed weapons permit issued by any sheriff or chief of police shall not be a defense to a violation of this section; nor shall the firearm/ced endorsement authorize the violation of any Federal, State or local firearm or weapons law. 64. It shall be unlawful a violation of this section for any licensed contract security agency or licensed private security officer to fail to report to the City Clerk's Office any incident involving the discharge or display of a firearm/ced while in the course of providing security services within twenty four (24) hours of the discharge or display.

8 &-. Fees: All applications for an original or renewal license shall be accompanied by tho fooo as established by tho City. (Ord ; Ord ) : PRIVATE SECURITY OFFICER LICENSES: A. Each private security officer shall be issued a license and an identification card. The identification card shall contain the name and residence address of the applicant, a recent photograph of the private security officer applicant, the expiration date, the number of the license, the signature of the private security officer applicant, and the name of the private security officer's employer. Every licensed private security officer shall keep the City Clerk's Office informed of the correct name and the-residence address and shall notify the City Clerk's Office within ten (10) days of any change in name or address. B. Each private security officer's license and identification card shall expire one year from the date of issuance, unless suspended or revoked earlier. If the licensed private security officer also holds a firearm/ced endorsement, the firearm/ced endorsement shall expire at the same time as the private security officer license. C. Each identification card shall be on the person of the licensee at all times the licensee is working in the capacity of a private security officer and shall be exhibited upon request by a peace officer, the Deputy Licensing Officer or the Deputy Licensing Officer's designee. (Ord ; Ord ) : TEMPORARY PERMIT: A. The? Deputy Licensing Officer is authorized to ioouo a temporary permit to successful applicants for private security officer licenses conditioned upon the successful completion of pre-assignment training. The condition of the temporary permit shall be that the private security officer complete basic security officer training and pass the private security officer test within ninety (90) days of the issuance of the temporary permit. The holder of a temporary permit shall be prohibited from obtaining a firearm endorsement until the private security officer license is issued. B. Upon application for a private security officer license, the Deputy Licensing Officer shall issue a written authorization to the applicant allowing that person to be employed and operate as a private security officer in the City for a period not to exceed ninety (90) days, pending and shall expire upon issuance or denial of the permanent private security officer license. The temporary authorization permit shall be contingent upon: 1. The applicant providing a letter of hire from a licensed contract security agency The applicant providing evidence Certification to the Deputy Licensing Officer that the contract security agency employing the applicant has found that the applicant is qualified to perform duties as a private security officerf.

9 23. The City Clerk's Office conducting a records an initial criminal history review. 34. The applicant providing the City Clerk's Office with a statement from the contract security agency that the applicant will only be employed in an unarmed capacity during the initial ninety (00) day temporary permit period or until issuance or denial of the private security officer license. The applicant shall act only in an unarmed capacity during this initial period^-and. 45. That during the initial ninety (90) day temporary permit period, or until issuance or denial of the actual permanent private security officer license by the Deputy Licensing Officer, the proposed employer contract security agency employer shall hold the City of Colorado Springs harmless and agree to indemnify the City in any action or claim for damages arising from the actions or employment of the applicant/temporary permittee. (Ord ; Ord ) C. Any person who holds a valid and current license issued by another municipal entity within the State of Colorado may apply for a temporary private security officer license which shall be valid for a period of not more than seventytwo (72) hours. Any temporary private security officer license application submitted to the City Clerk's Office shall be subject to verification of the applicant's current municipal license status. Upon issuance of a temporary private security officer license, the holder shall be subject to all other regulations while performing the duties of a private security officer within Colorado Springs, subject to the City's authority to enforce, deny or revoke the temporary private security officer license : PRIVATE SECURITY OFFICER TRAINING: A. The Licensing Officer or designee shall establish minimum standards for approved private security officer basic training programs with advice received from the Security Training Advisory Board. Any specialized training beyond these standards shall be the responsibility of the contract security agency. 1. Prior to issuance of a private security officer license, the applicant must shall provide a certificate of completion of a basic security officer training program with a minimum seventy-five percent (75%) score, satisfactory proof of completion of a basic socurity officer training program approved by the City Clerk's Office and muct pass an approved security officer tost. The training certificate shall identify the courses taken, the number of training hours obtained, identify the issuing contract security agency, the applicant's name, name of the instructor providing the training and the dates of training. 2. The security officer training certificate shall indicate the applicant completed at least eight (8) hours of basic security training which must include a minimum of four (4) hours of classroom instruction, and a 8

10 minimum of four (4) additional hours that may be of classroom training, onthe-job training, or any combination of the two. 3. A private security officer basic course of training shall, at a minimum include: a. Nature, role and duties of the private security officer; b. Private security officer professional conduct and ethics; c. Principles of communication; d. Observation and incident reporting; e. Federal, state, and local laws, codes and ordinances; f. Legal limitations and liability implications; g. Emergency response procedures, to include first aid and CPR; h. Preservation of evidence, investigation and crime scene security; i. Use of force as it relates to legal powers; j. Defensive tactics; k. Handcuff training and/or certification, if applicable; and I. Oleoresin capsicum (OC) aerosol spray training and/or certification, if applicable. B. The Licensing Officer shall establish minimum standards for approved firearm safety and familiarization courses with advice received from the Security Training Advisory Board. Any specialized training beyond these standards shall be the responsibility of the contract security agency. 1. Prior to issuance of a firearm endorsement to a private security officer license, the applicant must shall provide a certificate of completion of a firearm safety and familiarization course provided by a National Rifle Association (NRA) or Peace Officer Standards and Training (POST) certified instructor, satisfactory proof of complotion of a City approved firearm safety and familiarization course, and must pass a firearm endorsement test administered by the City Clerk's Office. The firearms training certificate shall identify the courses taken, the number of training and range hours obtained, identify the issuing contract security agency, the applicant's name, name of the NRA or POST instructor providing the training and the dates of training. 2. A firearm endorsement shall only be issued to individuals obtaining a minimum qualifying written and range proficiency score of seventy-five

11 percent (75%) acquired within the last six (6) months and a letter of authorization to carry a firearm from the contract security agency. 3. The firearm safety and familiarization certificate shall indicate the applicant completed at least sixteen (16) hours of basic firearms training which includes a minimum of nine (9) hours of classroom instruction, a minimum of four (4) hours of live fire practice, followed by a minimum of three (3) hours on the weapons qualification course. 4. In addition to the training required by subsection A of this section, private security officer firearm and familiarization training shall, at a minimum include: a. Criminal procedure law; b. Moral and legal aspects of firearm use; c. Use of physical and deadly force; d. State and local laws, codes and ordinances relating to weapons and the use of force; e. Handgun safety, nomenclature, operation and maintenance; f. Emergency procedures; g. Weapons handling; h. Marksmanship fundamentals; and i. Range instruction, qualification and examination C. The Licensing Officer shall establish minimum standards for an approved conductive energy device (CED) safety and familiarization training program with advice received from the Security Training Advisory Board. Any specialized training beyond these standards shall be the responsibility of the contract security agency. 1. Prior to issuance of a CED endorsement to a private security officer license, the applicant shall provide a certificate of completion of a CED user course provided by an instructor certified by the manufacturer of the CED being carried. The CED training certificate shall identify the course taken, the number of training hours obtained, identify the issuing contract security agency, the applicant's name, name of the certified CED instructor providing the training and the dates of training. 2. A letter of authorization to carry a CED from the contract security agency. 3. The CED safety and familiarization certificate shall indicate the applicant completed at least six (6) hours of basic conductive energy 10

12 device training which includes classroom instruction, a practical application of the conductive energy device and an annual re-certification consisting of legal and training updates and a practical exercise that shall include the firing of a single cartridge. 4. In addition to the training required by subsection A or subsection B of this section, private security officer conductive energy device safety and familiarization training shall, at a minimum include: a. Moral and legal aspects of conductive energy device use; b. Use of physical force and less-lethal force; c. State and local laws, codes and ordinances relating to deployment and tactical fundamentals involving conductive energy devices and the use of force; d. Conductive energy device safety, nomenclature, operation and maintenance; e. Emergency response procedures, to include medical needs; and f. Demonstrate proper conductive energy device handling and firing fundamentals Gr D. Every contract security agency shall be responsible for ensuring that all private security officers have received adequate pre assignment, basic, firearm, conductive energy device, on-the-job, e^and any other training necessary to perform toe security services or other duties for which they were hired. Further, no contract security agency shall hire or assign any person to perform the duties of a private security officer until all training has been completed and the officer has been appropriately licensed. (Ord ;0rd ) E. A licensed private security officer holding a firearm endorsement shall be authorized and limited to carrying the following types of firearms and ammunition: 1. A double action revolver, with no less than a four-inch (4") barrel length and no greater than a six-inch (6") barrel length, with an ammunition capacity no greater than 6 rounds of.38 caliber,.38spl+p caliber,.38spl caliber or.357 mag. caliber. 2. A double action, semi-automatic pistol. The pistol shall be of 9mm or.40 caliber. 3. Armed private security officers may carry two (2) additional factory authorized clips at full capacity. 11

13 4. Armed security officers shall carry manufactured ammunition only. No reloaded rounds are permitted to be carried by any security officers while exercising the privileges of the license or firearm endorsement. 5. All ammunition shall be full or semi-jacketed hollow or soft point factory ammunition. F. Nothing in this section shall be interpreted to authorize a private security officer to carry or use any firearm not specified in subsection E, above : DENIAL, SUSPENSION OR REVOCATION OF LICENSE: : SECURITY TRAINING ADVISORY BOARD: A. There is hereby created the Security Training Advisory Board for the purpose of advising the City Clerk/Licensing Officer on matters related to establishing minimum standards for private security officer basic and firearm and conductive energy device training. B. The Board shall consist of seven (7) regular members, representing the following: 1. One (1) licensed security agency employing fifty (50) or fewer employees; 2. One (1) licensed security agency employing fifty-one (51) or more employees; 3. Two (2) representatives of a higher educational institution with a criminal justice curriculum; 4. Two (2) representatives of a group or association related to firearms use, safety or training; 5. One (1) citizen at large. C. Members of the Board shall be appointed by City Council to a three (3) year term, and may serve up to two (2) consecutive three-year terms. Initial appointments shall be staggered so that two (2) initial members are appointed to one (1) year terms, two (2) initial members are appointed to two (2) year terms and three (3) initial members are appointed to three (3) year terms. The members appointed to initial one (1) and (2) year terms shall be eligible for appointment to up to two (2) subsequent (3) year terms. All members seeking reappointment must apply to City Council. City Council may appoint alternates to the Board in accord with City Code Regular and alternate members of the Board shall serve at the discretion of City Council. 12

14 D. Board members and alternates, when acting within the scope of their appointments, shall comply with the provisions of City Charter 9-10 and 3-60(d), the City Code and the Rules and Procedures of City Council. E. The Board shall meet at least once a year at locations convenient to the Board and public. The City Clerk's Office staff shall provide support to the Board as necessary. F. Four (4) regular members shall constitute a quorum. G. In accord with City Code , the Board may, with City Clerk approval, promulgate rules of procedure for its organization and the conduct of its meetings : TEMPORARY LICENSE: Any person who holds a valid and current license issued by another municipal entity within the State of Colorado may apply for a temporary security officer license which shall bo valid for a period of not moro than seventy two (72) hours. Any temporary security officer license application submitted to the City Clerk's Office shall bo subject to verification of the applicant's current municipal license status. Upon issuance of a temporary security officer license, the holder shall be subject to all other regulations while performing the duties of a private security officer within Colorado Springs, subject to the City's authority to enforce, deny or revoke the temporary license. No temporary security officer licenooo ohall bo permitted to carry a firoarm whilo performing socurity services without the separate approval of the Chief of Police which shall be clearly indicated on tho pormit. (Ord ; Ord ) 2.&244MJNLAWFUL ACTS; VIOLATIONS; PENALTY: F. AfFest-Required Contact: Each licensee or permittee shall immediately turn over any person arrested or detained to the Police Department or other public law enforcement agency. Nothing contained in this General Licensing Code shall be construed to ahew-deny any licensee or permittee any rights granted to a private citizen under the laws of the State of Colorado to make an arrest not authorized under the laws of the State of Colorado to be mado by a private citizen. G. Report Of Crimes; Cooperation: It shall be unlawful for any licensee or permittee to fail to report to the Police Department or other public law enforcement agency any crimes or suspected criminal activity as soon as possible and to cooperate with the Police Department or other public law enforcement agency in the investigation of the activity whenever requested. H. Published Material: No person shall publish, electronically or in print, any advertisement, letterhead, circular or statement of any kind which claims or suggests 13

15 that a licensed contract security agency-it is a law enforcement agency or an instrumentality, division or agency of the State, City or Federal government. I. Uniform Requirements: 2. Private security officers shall wear a uniform while performing security services. The outer uniform shall prominently display the following: a. A badge or patch containing the words "Security", "Private Security", "Security Officer", "Guard", ef-"security Guard", or "Security Patrol"; b. A badge or patch containing the private security officer's name; c. A badge or patch containing the name of the licensed contract security agency. 3. Contract security agencies shall obtain Deputy Licensing Officer approval of any uniform proposal prior to permitting, allowing or requiring the uniform to be worn by private security officers. A contract security agency shall maintain records concerning the color, and types of uniforms worn by the private security officers employed or engaged by the agency. J. Security Vehicles And Equipment: No person shall, while performing any private security services, have or utilize any vehicle or equipment displaying the words "Police", "Law Enforcement Officer", ^"Public Safety", "Canine", "K-9", "Canine Officer", "K- 9 Officer", "Canine Unit", or "K-9 Unit", or displaying any sign, shield, marking, accessory or insignia that indicates or is intended to indicate to the public that the vehicle or equipment is operated by a law enforcement agency, military unit or branch having jurisdiction within or located or based within the Pikes Peak Region. No person shall, while performing any private security services, have a canine within a security vehicle or within another piece of equipment. K. Resemblance To Emergency Vehicles Prohibited: It shall be unlawful for any person to equip a vehicle used in the operation of a contract security agency, or while performing the duties of a private security officer, in any manner resembling an authorized emergency vehicle, including, but not limited to, red and/or blue flashing lights, as dofinod in Colorado Revised Statutes soction N. It shall be unlawful for any private security officer to use or carry more than one (1) set of stainless steel standard issued handcuffs while exercising the privileges of the license. O. False Statements: When providing security services, it shall be unlawful for any private security officer to make any verbal or written statement claiming 14

16 to be a member of, or affiliated with, a law enforcement agency or an instrumentality, division or agency of the state, city or federal government. P. It shall be unlawful for any private security officer, when exercising the privileges of the license, to carry or use any other type of weapon, device or equipment not set forth in this part 3, or to violate any local, state or federal law. Section 2. That Section 202 (Use of Certain Chemicals Prohibited) of Part 2 (Other Dangerous Weapons and Substances) of Article 7 (Dangerous Weapons and Substances) of Chapter 9 (Public Offenses) of the Code of the City of Colorado Springs 2001, as amended, is hereby amended to read as follows: : USE OF CERTAIN CHEMICALS PROHIBITED: A. It is unlawful for any person to have in the person's possession, to sell, to offer for sale, to give away, to lend or to furnish, to use or threaten to use any device for dispensing mace, paralyzing gas, maze or any similar chemicals or combination of chemicals, or other ingredients, designed to injure, maim, paralyze, immobilize or cause the illness of a person or animal, whether or not the substance is packaged in a container under pressure. Any device designed to be carried in a handbag or pocket and which does not contain more than one and one-fourth (1 1/4) ounces of chemical may be possessed by and sold to persons eighteen (18) years of age and older and may be used by persons in self-defense. B. Nothing in this section or section of this part shall be construed to prohibit the use of the devices by peace officers and mailmen in the discharge of the person's duties, nor by employees of the City or any of its Enterprises who have obtained the approval of the of the City Manager, the Executive Director for Colorado Springs Utilities, the Chief Executive Officer for Memorial Hospital to use the devices in the discharge of the person's duties. (1968 Code 8-15; Ord ; Ord ) C. It shall be a defense to an allegation of a violation of this section that the act was committed by a private security officer licensed by the City of Colorado Springs, in possession of more than one and one-fourth (1 Vi) ounces of chemical, but less than three (3) ounces of chemical, while exercising the privileges of the license. This defense shall not relieve the licensed private security officer of any civil liability incurred as a result of the use of the chemical. Section 3. This ordinance shall be in full force and effect from and after its passage and publication as provided by Charter. 15

17 Section 4. Council deems it appropriate that this ordinance be published by title and summary prepared by the City Clerk and that this ordinance shall be available for inspection and acquisition in the office of the City Clerk. Introduced, read, passed on first reading and ordered published this day of, MAYOR ATTEST: CITY CLERK 16