Title 2 ADMINISTRATION
Chapter 2.34 SHERIFF*
2.34.010 Chapter applicability.
2.34.020 Abandoned property defined.
2.34.030 Enforcement of State Vehicle Code provisions.
2.34.040 Search and rescue duties.
2.34.050 State aid for officer training.
2.34.060 Recruitment and training standards.
2.34.070 Use of county automobile authorized when.
2.34.075 Reserve deputies--Peace officer powers.
2.34.080 Reserve deputies--Gasoline reimbursement conditions.
2.34.085 Civilian investigators--Public officers.
2.34.090 Disposition of certain moneys.
2.34.100 Disposition of abandoned property.
2.34.110 Fees--Reports on private investigator licenses.
2.34.120 Fees--Tear gas weapon permits.
2.34.130 Fees--Traffic accident and other reports.
2.34.140 Fees--Sheriff helicopter emergency air ambulance services.
2.34.160 Fees--Exceptions.
2.34.170 Contracts--Supplemental law enforcement.
2.34.180 Sheriff’s County Jail medical services’ facilities--Professional staff association--Membership and privileges.
2.34.190 Concealed weapon license application fee.
* Editor’s note: For statutory provisions on sheriffs, see
Gov. Code § 24004 and § 26600 et seq. and Charter Art. IV and §
33. For charter provisions on the constabulary department, see Charter Art.
VIII.
2.34.010 Chapter applicability.
The sections set forth in this chapter shall apply to the office of
sheriff. (Ord. 4099 Art. 22 § 307, 1942.)
2.34.020 Abandoned property defined.
As used in this chapter, “abandoned property” means all
personal property, other than money, which has come into the possession of the
sheriff and which is:
A. Abandoned by prisoners in the County Jail and which
has been held by the sheriff for not less than one year after the release of the
prisoner or not less than five years after the death of the prisoner, if such
death occurs before release;
B. Bicycles which have been stolen or embezzled
and have not been claimed by the owners prior to the expiration of three months
after the conviction of persons for stealing or embezzling them;
C. Not a
bicycle, but has been embezzled or stolen and has not been claimed by the owner
prior to the expiration of six months after the conviction of a person for
stealing or embezzling it;
D. Bicycles which have been delivered to the
sheriff pursuant to Section 2080.1 of the Civil Code which have been held by the
sheriff for not less than three months;
E. Personal property other than
bicycles, which personal property has been delivered to the sheriff pursuant to
Section 2080.1 of the Civil Code and which has been held by the sheriff for not
less than four months;
F. Personal property, including bicycles, which has
been delivered to the sheriff as a department head, pursuant to Chapter 4.40 of
this code. (Ord. 9989 § 5 (part), 1970: Ord. 9289 § 1, 1967: Ord. 8496
§ 1, 1963: Ord. 4099 Art. 22 § 308, 1942.)
2.34.030 Enforcement of State Vehicle Code provisions.
The board hereby accepts the provisions of Section 26613 of the
Government Code and authorizes and directs the sheriff to enforce the provisions
of the Vehicle Code on the county highways. The expense incurred by the sheriff
in the performance of such duties shall be a proper county charge. (Ord. 7901
§ 1, 1960: Ord. 7628 § 1, 1959: Ord. 4099 Art. 22 § 311,
1942.)
2.34.040 Search and rescue duties.
In addition to the duties prescribed by Section 2.130.070 of this
code, the sheriff shall search for and rescue persons who are lost or in danger
of their lives within or in the immediate vicinity of the county. (Ord. 9000
§ 1, 1966: Ord. 4099 Art. 22 § 314.6, 1942.)
2.34.050 State aid for officer training.
The county of Los Angeles declares that it desires to qualify to
receive aid from the state of California under the provisions of Chapter 1 of
Title 4, Part 4 of the California Penal Code. (Ord. 7901 § 2 (part), 1960:
Ord. 4099 Art. 22 § 312, 1942.)
2.34.060 Recruitment and training standards.
Pursuant to Section 13522 of said Chapter 1, of Title 4 of Part 4
of the said California Penal Code, the county of Los Angeles, while receiving
aid from the state of California pursuant to said Chapter 1, will adhere to the
standards for recruitment and training established by the California Commission
on Peace Officers Standards and Training. (Ord. 7901 § 2 (part), 1960: Ord.
4099 Art. 22 § 313, 1942.)
2.34.070 Use of county automobile authorized when.
When necessary in the performance of his duties, the sheriff may
use the county automobile assigned to his personal use outside of the county of
Los Angeles but within the state of California. (Ord. 4099 Art. 22 § 309,
1942.)
2.34.075 Reserve deputies--Peace officer powers.
A. By statute, the Legislature has provided that sheriff reserve deputies
who are rated as Level 1 Reserve Deputies may be empowered by local governmental
bodies to have those full peace officer powers and duties as provided by Penal
Code Section 830.1.
B. Sheriff reserve deputies who have qualified as Level
1 Reserve Deputies pursuant to Penal Code Section 832.6(a)(1) and, in addition,
have completed a minimum of two years of field experience comprising a minimum
of 280 working hours shall have those peace officer powers and duties as
provided by Penal Code Section 830.1 in accordance with Penal Code Section
880.6(a)(2).
C. This section includes those reserves who have been issued a
Level 1 reserve officer certificate before January 1, 1981, as well as those
persons receiving a Level 1 reserve officer certificate on or after January 1,
1981. (Ord. 12350 §§ 1--3, 1981.)
2.34.080 Reserve deputies--Gasoline reimbursement conditions.
The sheriff may designate certain private vehicles belonging to
reserve deputies and used by them for official and policing functions of the
sheriff for which the county will supply fuel, not exceeding, however, the fuel
used in such vehicles while engaged in such official and policing functions. If
a vehicle is so designated by the sheriff, the county shall supply fuel to such
vehicle in an amount not greater than the amount consumed by such vehicle while
engaged in such official and policing functions. The sheriff shall be
responsible for maintaining the control of the vehicles and the use of the fuel
supplied, and shall maintain liaison with the director, mechanical department,
who shall establish a system for supplying fuel to such private vehicles. (Ord.
9095 § 1, 1966: Ord. 4099 Art. 22 § 309.2, 1942.)
2.34.085 Civilian investigators--Public officers.
A. Pursuant to Penal Code Section 836.5, a civilian investigator
designated by the sheriff and employed by the sheriff’s department may
arrest a person without a warrant whenever he or she has reasonable cause to
believe that the person to be arrested has committed a misdemeanor in his or her
presence which is a violation of a statute or ordinance he or she has the duty
to enforce.
B. In any case which a person is arrested pursuant to subsection
A of this section and the person does not demand to be taken before a
magistrate, the civilian investigator making the arrest shall prepare a written
notice to appear and release the person on his promise to appear, as prescribed
by Section 853.6 et seq. of the Penal Code. (Ord. 91-0001 § 1, 1991: Ord.
90-0056 § 1, 1990.)
2.34.090 Disposition of certain moneys.
The sheriff shall deposit in the county treasury all moneys which
has been:
A. Abandoned by prisoners in the County Jail and which has been
held by the sheriff for not less than one year after the release of the prisoner
or not less than five years after the death of the prisoner, if such death
occurs before release;
B. Stolen or embezzled and has not been claimed by
the owner prior to the expiration of six months after the conviction of a person
for stealing or embezzling it;
C. Delivered to the sheriff pursuant to
Section 2080.1 of the Civil Code and which has been held by the sheriff for not
less than four months. (Ord. 9989 § 4 (part), 1970: Ord. 4099 Art. 22
§ 307.5, 1942.)
2.34.100 Disposition of abandoned property.
The sheriff shall:
A. Deliver all bicycles and toys to the
probation officer for activities designed to prevent juvenile delinquency or to
the director of children and family services for activities designed for youth
served by that department, or the sheriff may retain bicycles and toys for
distribution to the sheriff’s youth foundation outreach programs designed
to prevent juvenile delinquency.
B. Deliver all abandoned valuables (wallets
and their contents, jewelry, watches, gemstones, foreign currency and precious
metals) to the purchasing agent.
C. Dispose of all other abandoned property
as directed by policies and procedures established by the purchasing agent.
(Ord. 97-0063 § 1, 1997: Ord. 9989 § 5 (part), 1970: Ord. 8688 §
1, 1964: Ord. 4099 Art. 22 § 308.5, 1942.)
2.34.110 Fees--Reports on private investigator licenses.
For furnishing reports to licensees pursuant to Section 26616 of
the Government Code, the sheriff shall charge and collect a $12.00 fee for each
report. (Ord. 9987 § 1, 1970: Ord. 4099 Art. 22 § 314.5,
1942.)
2.34.120 Fees--Tear gas weapon permits.
The sheriff shall charge a fee of $10.75 for the processing and
issuing of a permit to purchase, possess and use for self-defense purposes
certain tear gas weapons as provided by law. (Ord. 11584 § 1, 1977: Ord.
4099 Art. 22 § 314.7, 1942.)
2.34.130 Fees--Traffic accident and other reports.
The sheriff shall charge and collect those fees, periodically
determined to be commensurate with the actual cost, for providing the requested
service of furnishing to each person entitled to receive copies of traffic
accident reports, photographs of traffic accidents or other incidents,
noncriminal reports, and criminal reports, citizen clearance letters,
immigration clearance letters, and fingerprints. (Ord. 83-0083 § 1, 1983:
Ord. 9379 § 1, 1967: Ord. 7579 § 3, 1959: Ord. 4099 Art. 22 §
310, 1942.)
2.34.140 Fees--Sheriff helicopter emergency air ambulance services.
For helicopter emergency air ambulance services provided by the
department, the sheriff shall charge and collect a transportation fee in the
amount of $1,380.00 per flight. If more than one patient is transported by a
department helicopter during the same flight, this fee shall be divided and
charged in equal amounts to all of the patients transported. (Ord. 92-0091
§ 2, 1992.)
2.34.160 Fees--Exceptions.
A fee shall not be charged when fingerprints are taken:
A. In
criminal matters;
B. Of an applicant to take an examination given by the
director of personnel of the county;
C. Of a person associated with a
charitable organization where such organization requires such person to be
fingerprinted as a condition of serving such organization;
D. Of any person
the fingerprints of whom are required in order to obtain a license or permit
pursuant to Section 1620 of the Welfare and Institutions Code for a foster home.
(Ord. 10468 § 2, 1972: Ord. 9246 § 15, 1967; Ord. 8550 § 2, 1964:
Ord. 8256 § 1 (part), 1962: Ord. 4099 Art. 22 § 314.4,
1942.)
2.34.170 Contracts--Supplemental law enforcement.
A. A deputy sheriff of at least the rank of chief may enter into a
standard contract, previously approved by the board of supervisors, to provide,
supplemental law enforcement services pursuant to the provisions of Government
Code Section 53069.8.
B. Contracts entered into under the authority of this
section shall provide for full reimbursement to the county of the actual costs
of providing such services, as determined by the county auditor or
auditor-controller.
C. The services provided shall be rendered by regularly
appointed full-time peace officers, as defined in Section 830.1 of the Penal
Code, or as negotiated with the respective certified employee
organizations.
D. Peace officer rates of pay shall be governed by a
memorandum of understanding.
E. Any contract entered into pursuant to this
section shall encompass only law enforcement duties, and not services authorized
to be provided by a private patrol operator, as defined in Section 7521 of the
Business and Professions Code.
F. Contract law enforcement services as
permitted under this section shall not reduce the normal and regular ongoing
service that the county or sheriff’s department would provide, should the
county not be contracting any law enforcement services allowed by this section.
(Ord. 2003-0072 § 1, 2003: Ord. 82-0261U § 1, 1982.)
2.34.180 Sheriff’s County Jail medical services’ facilities--Professional staff association--Membership and privileges.
A. The professional staffs (physicians, dentists, podiatrists, and
clinical psychologists) of the sheriff’s County Jail medical
services’ facilities shall form self-governing professional staff
associations which shall act in a purely advisory capacity to the facility
administrator and the sheriff in matters of professional staff appointments,
patient care, professional organization, standards and requirements. The sheriff
or his designee shall have sole authority to act in all matters concerning the
sheriff, including the above.
B. The professional staff association shall
function in accordance with which bylaws have been approved by the board of
supervisors. Amendments to such bylaws shall also be approved by the board of
supervisors before they become effective.
C. Physicians, dentists,
podiatrists, and clinical psychologists in the county classified service shall
not be required to join the professional staff association. All other
physicians, dentists, podiatrists, and clinical psychologists seeking to
practice in County Jail medical services’ facilities shall be required to
apply for and become a member of the professional staff association in
accordance with the procedures set forth in such bylaws.
D. Irrespective of
the recommendations of the professional staff association, the sheriff or his
designee, may, in his sole discretion, reject or appoint physicians, dentists,
podiatrists, and clinical psychologists to the staff of County Jail medical
services’ facilities. Such an appointment automatically qualifies such
persons for membership in the professional staff association. The sheriff or his
designee shall also have sole authority to limit the scope of practice of such
persons and to terminate their staff appointments. The sheriff or his designee
shall consult with, and obtain the approval of, the director of mental health as
to all the actions described in this subsection which affect psychiatrists and
clinical psychologists who are county classified employees in the department of
mental health. (Ord. 91-0090 § 1, 1991.)
2.34.190 Concealed weapon license application fee.
The sheriff shall charge and collect from each applicant for a new
license to carry a pistol, revolver or other firearm capable of being concealed
upon the person, a concealed weapon application processing fee of $66.00 in
addition to any fees charged by the department of justice for record checks or
by the county for fingerprinting, photographs, and clearance checks. The
application processing fee shall be payable in two payments of $10.00 and $56.00
each. The initial payment of $10.00 shall be nonrefundable and paid upon
submission of the application for screening for acceptance or rejection. The
follow-up payment of $56.00 shall be paid following screening and acceptance of
the application for further processing, at which time the additional specified
fees applicable to initial and renewal application shall also be paid. (Ord.
94-0077 § 1, 1994.)
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