§ 50-1. Private detention facilities.

(a)

Definitions. As used in this section, the following terms shall have the meanings given in this subsection:

(1)

Private detention facility means a jail or other detention facility where individuals are housed pursuant to a court order following conviction for a violation of a statute or ordinance or otherwise held pursuant to a warrant or summons. The term shall not include any facility operated by the federal, state or county governments or the city.

(2)

Director means the director of neighborhood and community services, unless otherwise indicated.

(b)

Permit required; expiration. No person shall establish or operate a private detention facility without first securing a permit from the director. A permit issued under this section shall expire one year after the date of issuance.

(c)

Application for permit. The applicant for a permit required by this section must furnish the director, on forms to be provided by the director, information regarding the applicant and proposed private detention facility as the director may require.

(d)

Criteria for issuance of permit. The director shall not issue a permit unless he or she finds that:

(1)

The facility complies with all building, zoning, fire, health, property maintenance and dangerous building codes, and other ordinances of the city.

(2)

The applicant has demonstrated that the person in charge and the staff possess adequate qualifications and experience in operating such a facility. The person in charge of the facility must possess the following educational and experience requirements: graduation from an accredited four-year college or university with major course work in the social sciences and four years progressively responsible work in the correctional field, including one year in a responsible administrative or supervisory position. Staff members charged with guarding or controlling the prisoners must possess the following educational and experience requirements: graduation from a senior high school or equivalent. There must be present at the facility at all times a staff member with the following educational and experience requirements: graduation from a senior high school or equivalent and two years' experience in the correctional field.

(3)

Adequate staff will be available as appropriate to monitor the facility. The correctional officer to prisoner rates may be no greater than one to six.

(4)

The physical configuration of the facility is appropriate in design independent of code and ordinance requirements so that the security of the building and for the surrounding area is maintained. Fencing or other devices or means designed to prevent escapes must be installed or used.

(5)

Prisoners shall be required to wear clothing which readily identifies them as residents of the facility.

(6)

Public liability insurance naming the city and the board of police commissioners as additional insureds in a form as approved by the city counselor in an amount of $1,000,000.00 and provided by a surety approved by the director of finance is maintained and filed with the director of finance.

(7)

The person in charge of the operation and staff members charged with guarding or controlling the prisoners are of good moral character.

No application shall be denied without notice to the applicant and an opportunity for the applicant to be heard.

(e)

Additional information for review of permit application. The director may request any department or agency of the city to provide data, information, opinions or recommendations which will assist the director in reviewing any applicant under this section. Such requests may include but are not limited to the following:

(1)

Public works department. Traffic flow, location of curb cuts for parking lots, and parking availability surveys.

(2)

City development department. Impact upon the community, neighborhood, surrounding environs, adopted area plans and comprehensive plans or development projects in the area.

(3)

Fire department. Access for emergency vehicles and safety of the proposed location.

(4)

Police department. Potential impact of crime, disturbances and traffic related to density or location of private detention facilities upon nearby residential or commercial neighborhoods.

(5)

Health department. Adverse impact upon the health, safety and general welfare.

(6)

Parks and recreation department. Impact upon parks, boulevards or community centers within the vicinity.

(7)

Codes administration department. Applicable building codes, parking requirements and zoning restrictions.

(8)

Neighborhood and community services department. Evaluation of the applicant's experience, the building's design, operating plan and security measures in regard to the operation of the building as a private detention facility.

(f)

Procedural rules for issuance of permits. The director may promulgate regulations under which procedures regarding issuance of permits under this section shall be established.

(g)

Date of application for permit. A person operating a private detention facility on April 16, 1990, must submit an application for a permit under this section within ten days of April 16, 1990, and shall not be in violation of this section unless such person fails to submit the required application by such time. A person proposing to operate a private detention facility not in operation on April 16, 1990, must apply for a permit 60 days prior to the intended commencement of operation.

(h)

Inspection. The director is hereby empowered to appoint inspectors of private detention facilities, and such facilities shall be open to the inspection of the director and the inspectors appointed by him at any time during the operating hours and at other reasonable times.

(i)

Suspension or revocation of permit. Grounds for suspension or revocation of the permit shall be as follows:

(1)

Such permittee or an employee, agent or servant of such permittee has violated any of the provisions of this chapter;

(2)

The permit held by such person was obtained through materially false statements in the application for such permit or renewal thereof;

(3)

The permittee failed to make a complete disclosure of all pertinent information in the application for such permit or renewal thereof;

(4)

The permittee, since the issuance of such permit, has ceased to be the person actually engaged in the active control and management of the facility for which the permit was issued; or

(5)

The operation of the facility has been discontinued or abandoned and that, after five days' written notice, the permittee has failed to respond or satisfactorily explain the discontinuance or abandonment of the premises.

No revocation or suspension shall be ordered without reasonable notice and opportunity to be heard.

(Code of Gen. Ords. 1967, § 26.8.1; Ord. No. 65353, 4-6-90)

Cross reference

Municipal correctional institution, ch. 44.