ARTICLE II. - PRIVATE DETECTIVE ACT
Part of the Code of Ordinances of West Warwick, RI.
The text
Sec. 14-23. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant means any person who has applied for permission to engage in any act or activity which is regulated under the provisions of this article.
License means any license required by this article.
License fee means any monies required by law to be paid for the issuance or renewal of any license required by the regulations.
Local licensing authority means the town councils or license boards of the several towns, the mayor and city council, or the license bureau of a city.
Private detective means a person who is hired for the purpose of conducting investigations involving: (1)
Inquiries into unsolved crimes;
(2)
Clandestine surveillance;
(3)
The search for missing persons; and
(4)
The search for lost or stolen property.
(Code 1970, § 14-12; Res. of 3-15-1988)
Sec. 14-24. - License qualifications.#
In order to be eligible for a license, an applicant must: (1)
Be a citizen of the United States or a resident alien;
(2)
Not have been convicted in any jurisdiction of a felony;
(3)
Not have had any previous private investigator license or registration revoked or application for such license or registration denied by the appropriate authority of any local licensing authority;
(4)
Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease, unless said court has subsequently determined that his competency has been restored;
(5)
Not suffer from habitual drunkenness or from narcotics addiction or dependence;
(6)
Be of good moral character;
(7)
Have such experience as has been gained through:
a.
At least five years' experience as an investigator or as a police officer with a state, county or municipal police department or with an investigative agency of the United States of America or of any state, county or municipality;
b.
Receiving a degree in criminal justice from an accredited college or university;
c.
Being employed by a private detective as an investigator for at least five years; or
d.
Having substantively equivalent training or experience.
(Code 1970, § 14-13; Res. of 3-15-1988)
Sec. 14-25. - Procedure.#
(a)
Applications for an initial or renewal private detective license shall be filed with the town clerk on a form provided by the clerk. The application shall be accompanied by supporting documentation sufficient to demonstrate compliance with the qualifications for license and by the license fee established by the town council.
(b)
The application shall be examined for compliance. If the application is complete, a copy thereof shall be provided to the town police chief, who shall conduct such further inquiry and investigation as is deemed proper and necessary as to the good character, competency and integrity of the applicant.
(c)
If the application is approved, the town council shall direct issuance of the license. If the application is denied, the town council shall notify the applicant or licensee in writing stating the reason for denial.
(d)
Within 15 days from receipt of notice of denial, the applicant or licensee may request a hearing in writing. If the request for a hearing is timely received, the town council shall set a date for the hearing and notify the parties. Hearings under this section shall be held in accordance with G.L. 1956, § 42-35-1 et seq.
(Code 1970, § 14-14; Res. of 3-15-1988)
Sec. 14-26. - Grounds for denial of application for license or renewal of license.#
The town council shall deny the application for a renewal of a license if it finds that the applicant: (1)
Has violated any provisions of this article or rules and regulations promulgated hereunder;
(2)
In the case of the applicant, commits any act which would disqualify him under section 14-29, or where such applicant has failed to meet the qualifications of this article;
(3)
Practices fraud, deceit or misrepresentation;
(4)
Makes a material misstatement in the application for or renewal of a license; or
(5)
Demonstrates incompetence or untrustworthiness in actions affecting the conduct of the business required to be licensed under this article.
(Code 1970, § 14-16; Res. of 3-15-1988)
Sec. 14-27. - Renewal of licenses.#
(a)
Licenses issued pursuant to this article shall expire annually on March 30. An application for annual renewal must be received by the town council not less than 30 days before expiration.
(b)
As soon as practicable, and before expiration of the license sought to be renewed, the town council shall notify the applicant if it intends to deny renewal. The licensee may, within 15 days after receipt of such notice, request a hearing in the manner prescribed in this article. With good cause, the town council may extend the period of time for filing the application required by this section.
(c)
A licensee shall be permitted to continue to engage in business while its renewal application is pending, unless otherwise provided by the town council.
(Code 1970, § 14-18; Res. of 3-15-1988)
State Law reference— Similar provisions, G.L. 1956, § 5-5-8.
Sec. 14-28. - Assignment and transfer prohibited.#
(a)
No license issued pursuant to the provisions of this article shall be assigned or transferred, either by operation of law or otherwise.
(b)
With good cause, the town council may extend the period of time for filing the application required by this section.
(Code 1970, § 14-19; Res. of 3-15-1988; Ord. No. 2013-46, 10-1-2013)
Sec. 14-29. - Grounds for suspension and revocation of licenses.#
(a)
A license may be suspended or revoked at the discretion of the town council if the licensee:
(1)
Violates any provisions of this article or rules and regulations promulgated hereunder;
(2)
Practices fraud, deceit or misrepresentation;
(3)
Makes a material misstatement in the application for or renewal of the license;
(4)
In the case of the licensee, commits any act which would disqualify the qualifying agent.
(b)
Upon suspension or revocation, after the licensee has exhausted the right of appeal, or, if the licensee does not seek a hearing, the licensee shall immediately cease to operate the business for the time period provided in the order of suspension, or permanently, in the case of revocation, shall notify all of its clients of such revocation or suspension, and shall maintain a copy of such notices in its business records.
(c)
Under circumstances in which the town council determines that the public health, welfare or safety may be jeopardized by the termination of a licensee's services, the town council may, upon its own motion or upon application by the licensee or any party affected by such termination, extend the time for the termination of the licensee's operations, subject to such reasonable, necessary and proper conditions or restrictions as it deems appropriate.
(Code 1970, § 14-20; Res. of 3-15-1988)
Sec. 14-30. - Surrender of license.#
Each license shall be surrendered to the town council within 72 hours after it has been revoked or not renewed after the licensee ceases to do business pursuant to an order of suspension. If, however, the town council or a court of competent jurisdiction has pending before it any matter relating to the renewal, suspension, revocation or transfer of a license, the licensee shall not be required to surrender the license until the matter has been adjudicated and all appeals have been exhausted, provided that a stay has been obtained in accordance with the provisions of this article pertaining to a judicial review.
(Code 1970, § 14-21; Res. of 3-15-1988)
Sec. 14-31. - Change in status of licensee.#
The licensee shall notify the town council in writing within five days of any material change in the information previously furnished or required to be furnished to the town council or of any occurrence which could reasonably be expected to affect the licensee's privilege to a license under this article.
(Code 1970, § 14-22; Res. of 3-15-1988)
Sec. 14-32. - Uniform and equipment.#
(a)
No individual licensed by, registered by or subject to the provisions of this article shall wear or display any insignia, patch or pattern which shall indicate or tend to indicate that he is a law enforcement officer of the federal government, a state or any political subdivision thereof or which contains or includes the word "police" or the equivalent thereof, or is similar in working to any law enforcement agency in this state. All badges, shields and any other devices shall not indicate or tend to indicate that they represent that of any law enforcement officers of the federal government, a state or any other political subdivision thereof. All such badges, insignia, patch, pattern, seal or other object or device must be approved by the town police chief.
(b)
No person, while performing any activities licensed by this article, shall have or utilize any vehicle or equipment displaying the words "police," "law enforcement officer" or the equivalent thereof or have any sign, shield, marking, accessory or insignia that may indicate that such vehicle is a vehicle of a public law enforcement agency. All such wording must indicate "private detective" or "private investigating agency" and be approved by the town council.
(c)
No licensee shall, by the use of any letterhead, advertisement or other printed matter, or in any manner whatever, represent that he is an instrumentality or agency of the federal government or of the state or a political subdivision thereof.
(Code 1970, § 14-23; Res. of 3-15-1988)
Sec. 14-33. - Bonding requirements.#
Any licensee shall deliver to the town council or its designee a bond with a surety company authorized to do business in the state conditioned for the benefit of any person injured by a willful, malicious or wrongful act of the licensee which, in the case of an individual, shall be $5,000.00.
(Code 1970, § 14-24; Res. of 3-15-1988)
Sec. 14-34. - Prohibited activities.#
It is unlawful for any person to knowingly commit any of the following: (1)
Provide any service required to be licensed under this article without possessing a valid license.
(2)
Employ any individual to perform the duties of an unarmed employee or armed employee who has not first complied with all the provisions of this article and the regulations in all respects.
(3)
Falsely represent that a person is the holder of a valid license.
(4)
Possess a license or identification card issued to another person.
(Code 1970, § 14-25; Res. of 3-15-1988)
Sec. 14-35. - Identification cards required.#
The town council shall prescribe the form of identification cards which may be carried by persons licensed under this article. Every person licensed hereunder shall be given a permanent license number and shall be issued an identification card which shall be approximately 2½ inches wide and 3½ inches long and shall bear thereon the number assigned to the licensee, the full name, date of birth, residence address, brief description of the licensee, his fingerprints and photograph, and a space upon which the licensee shall write his usual signature with pen and ink, or a facsimile of such signature.
(Code 1970, § 14-26; Res. of 3-15-1988)
Sec. 14-36. - Licensee business procedures.#
Any licensee shall, on notice from the town council, discontinue any advertising or the use of any advertisement, seal or card which, in the opinion of the local licensing authority, may tend to mislead the public. Failure to comply with any such order of the town council shall be cause for revocation of the license.
(Code 1970, § 14-27; Res. of 3-15-1988)
Sec. 14-37. - Judicial review.#
(a)
Any person aggrieved by a final decision on the order of the town council made after a hearing or rehearing, whether or not a petition for a hearing was filed, may obtain judicial review thereof by appeal to the superior court in accordance with G.L. 1956, § 42-35-1 et seq., as amended.
(b)
Filing of an appeal shall not stay the enforcement of the decision on the order of the town council unless the stay is obtained from the court upon application in accordance with the rules of court or from the superintendent upon such terms and conditions as he deems proper.
(Code 1970, § 14-28; Res. of 3-15-1988)
Sec. 14-38. - Obligation to report criminal violations.#
All felonies which are discovered by persons licensed and registered under this article shall be reported immediately to the state police, private investigative unit, or to the local police department where the crime occurred.
(Code 1970, § 14-29; Res. of 3-15-1988)
Sec. 14-39. - Exemptions.#
Nothing in this article shall include the activities of any person employed by any federal or state agency or any city or town as an investigator. Nothing in this article shall be construed to require a detective's license in order to interview parties and/or witnesses in legal matters.
(Code 1970, § 14-30; Res. of 3-15-1988)