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.)