SEC - Motion Picture Officers Association of Los Angeles California

advertisement
A COMPILATION OF LAWS AND CODES
OF INTEREST IN REVIEWING THE
ISSUE OF THE RIGHTS OF RETIRED LAPD OFFICERS
TO WEAR THE LAPD UNIFORM
AND THEIR RETIRED OFFICER BADGES
Please see particularly
52.28 LAMC
80.03.1 LAMC
SEC. 52.27. BADGES AND NEWS MEDIA IDENTIFICATION CARDS – UNAUTHORIZED POSSESSION OF.
(Title Amended by Ord. No. 139,522, Eff. 12/21/69.)
A. No person shall have in his possession any official police officer’s badge, civilian badge or special
police officer’s badge or news media identification card which has not been lawfully issued to him according to
the provisions of this article. No person shall possess any such card or badge after his right to use such card or
badge has been terminated. (Amended by Ord. No. 139,522, Eff. 12/21/69.)
B. No person shall have in his possession any other badge, star, shield, miniature, ring, charm or insignia,
regardless of the size, shape or design thereof, which has on it the words, “Los Angeles Police” or “Los Angeles
Detective”, whether used separately, together or in combination with any other words indicating a connection
with the Los Angeles Police Department, or which is identical in design with or which so resembles an official
police officer’s badge, civilian badge, or special police officer’s badge that it may be readily mistaken for any of
such badges. (Amended by Ord. No. 112,577, Eff. 2/12/59.)
C. No person who is not a regular police officer, or one entitled to wear a civilian badge, or a special
police officer shall wear or display any badge, star or insignia, calculated to indicate that he is a member of or
connected with the Police Department of the City of Los Angeles. (Amended by Ord. No. 112,577, Eff.
2/12/59)
SEC. 52.27.1. RETIRED OFFICERS – AUTHORIZED BADGES.
(a) Notwithstanding any other provisions of this article, any person who has been, during his lifetime, a
duly and regularly appointed, commissioned and sworn police officer of this city and who was honorably retired
from such position prior to June 10, 1940, may retain and carry any badge lawfully issued to him or otherwise
lawfully acquired by him during his service or incident to his retirement, provided the word “RETIRED” is
plainly shown on such badge, by being engraved or embossed thereon or otherwise permanently affixed thereto.
(b) Retirement. (Amended by Ord. No. 177,374, Eff. 4/9/06.) Badges may be issued to retired officers
as follows:
1. The Chief of Police is hereby authorized to issue to any regular sworn police officer, who is
honorably retired after January 1, 1993, a badge that the retired officer may carry. The badge shall be
especially adopted or approved for this specific purpose by the Board. The badge shall contain the word
"RETIRED" in capital letters, blue in color, on a ribbon to be permanently affixed to the badge directly
above the scroll containing the rank of the officer. This badge shall be known as the "Retired Officer's
Badge".
2. Upon the return of a retired officer to active duty or upon demand of the Chief of Police, and
"Retired Officer's Badge" previously issued to that person shall be returned to the Chief of Police.
Los Angeles Municipal Code/ MUNICIPAL CODE/CHAPTER V PUBLIC SAFETY AND PROTECTION
SEC. 52.28. POLICE UNIFORMS – LIMITATION OF.
(Amended by Ord. No. 164,340, Eff. 2/20/89.)
No person, other than a sworn police officer, shall wear any shoulder emblem or any uniform of a pattern, or
design, or in the semblance of the uniform, adopted, or hereafter adopted, by the Board for the use of the regular
members of the police department, or wear upon any uniform any star, badge, or insignia of a pattern or design
that may be mistaken for, or confused with, the official police officer’s badge.
Notwithstanding the foregoing paragraph of this section, any retired Los Angeles Police officer authorized
by the Chief of Police and actively employed to perform traffic control and crowd control pursuant to the
provisions of Section 80.03.1 at the site of the filming of any motion picture or television production, may wear
the uniform of the Los Angeles Police Department with the retirees retired officer’s badge affixed thereto.
Los Angeles Municipal Code/ MUNICIPAL CODE/CHAPTER VIII TRAFFIC
SEC. 80.03. DIRECTION OF TRAFFIC.
No person other than a Police Officer, a person deputized by the Chief of Police, a Traffic Officer, or an off
duty or retired police officer authorized under the provisions of Section 80.03.1 shall direct or attempt to direct
traffic by voice, hand or other signal, provided however, that a member of the Fire Department, wearing the
badge or insignia of a fire fighter and acting in the course of his or her duties, may direct traffic to protect the
personnel and equipment of the Fire Department. Persons may operate, when and as herein provided, any
mechanical push button signal erected pursuant to this chapter. (Amended by Ord. No. 164,340, Eff. 2/20/89.)
SEC. 80.03.1. TRAFFIC CONTROL AT COMMERCIAL FILMING SITES.
(Added by Ord. No. 164,340, Eff. 2/20/89.)
A.
Permit to Engage in Crowd and Traffic Control. The Chief of Police shall establish rules and
regulations which shall govern the control of traffic and crowds on public property by retired and off-duty Los
Angeles Police Officers employed by a person holding a valid permit pursuant to Section 22.350 of the Los
Angeles Administrative Code. Pursuant to said rules and regulations, the Chief of Police or his or her designee,
in his or her discretion, may authorize and grant a permit to off-duty and retired Los Angeles Police Officers to
engage in traffic and crowd control on public property. Said permits shall be limited to performance of traffic
and crowd control at those times and places authorized in the permit issued pursuant to Section 22.350 et seq. of
the Los Angeles Administrative Code.
B.
Revocation, Suspension Or Denial Of Permits. A permit provided for in this section may be
revoked, suspended, or denied for any of the following reasons:
1. violation of applicable law; or
2. violation of any rule or regulation adopted hereunder; or
3. upon a finding of inability, lack of necessary expertise, or willful or negligent failure to properly
and safely perform the duties for which the permit is granted.
C.
Notice And Hearing. No permit issued or applied for pursuant to this section shall be revoked,
suspended, or denied until a hearing is held by a Deputy Chief of Police appointed by the Chief of Police to
conduct such hearing. Service of notices and the conduct of the hearing shall be in conformance with the
requirements of Sections 11.00 and 22.02 of the L.A.M.C.
Los Angeles Municipal Code/ MUNICIPAL CODE/CHAPTER I GENERAL PROVISIONS AND ZONING
SEC. 11.00. PROVISIONS APPLICABLE TO CODE.
(Amended by Ord. No. 175,676, Eff. 1/11/04.)
(a) Short Title. Reference to Code in Prosecutions. Designation in Ordinances. This Code, which
consists of criminal or regulatory ordinances of this City, shall be known as the “Official Los Angeles
Municipal Code,” and it shall be sufficient to refer to the Code as the “Los Angeles Municipal Code” in any
prosecution for the violation of any of its provisions; it shall also be sufficient to designate any ordinance
adding to, amending or repealing this Code or a portion of this Code as an addition or amendment to or a repeal
of the “Los Angeles Municipal Code.”
Los Angeles Municipal Code/ MUNICIPAL CODE/CHAPTER II* LICENSES, PERMITS, BUSINESS REGULATIONS
SEC. 22.00. PERMITS – BOARD OF POLICE COMMISSIONERS.
(a) Definition. For the purposes of this chapter, “Board” shall mean the Board of Police Commissioners
unless otherwise specifically provided.
(b) Applications. Notwithstanding any provision of this Code to the contrary, every person desiring to
conduct, manage, carry on or engage in any business for which a permit is required from the Board under this
Code, shall file the application for such permit with the Director of Finance upon forms provided. Applications
for change of location, change of ownership, additional locations, or for special officer commission shall be
filed with the Director of Finance. Upon receipt of the application for a permit or applications for change of
location, change of ownership, additional locations or for special police officer commissions, the Director of
Finance shall send such applications to the Board. (Amended by Ord. No. 137,438, Eff. 11/7/68.)
(c) Permit Fees. Notwithstanding any provision of this Code to the contrary, all fees for permits from the
Board, annual police permit fees, change of location fees, change of ownership fees and special fees for
additional locations shall be collected by the Director of Finance. Upon receipt of said fees provided by this
Code, the Director of Finance shall deposit such fees with the City Treasurer. (Amended by Ord. No. 137,438,
Eff. 11/7/68.)
SEC. 22.01. PERMIT REQUIREMENTS LIMITED TO ORIGINAL PERMITS.
All provisions of this Code and of any other ordinance of this city which provide that no person shall
conduct, carry on, or engage in any business, profession, trade or occupation or do or allow to be done any act,
without first obtaining a permit from the Board so to do, shall be deemed to apply only to those cases wherein
original permits are sought. In cases involving revocation or suspension proceedings before the Board, the
permittee may, upon paying the annual police permit fee, continue the activity authorized by their permits
pending action of the Board upon such proceedings. (Amended by Ord. No. 137,438, Eff. 11/7/68.)
SEC. 22.02. POWER TO REVOKE AND SUSPEND PERMITS OR CERTIFICATES –
PROCEDURE.
Any permit or certificate granted pursuant to the provisions of this Code to any person to conduct, carry on
or engage In any business, profession, trade or occupation by any Board, Commission or other person having
authority to do so, unless provision is otherwise specifically made, shall not be revoked or suspended except as
provided in this section.
No such permit or certificate shall be revoked or suspended until a hearing upon written notice to the
permittee or certificate holder shall have been had by the Board, Commission or other person having authority
to do so. Written notice of such hearing shall be served upon the permittee or certificate holder in the manner
provided for the giving of notice in Section 11.00 of this Code.
Such notice shall state:
(a) The grounds for complaint or reasons for the revocation or suspension in clear and concise
language.
(b) The time when and the place where such hearing is to be held.
If a verified complaint is required to be filed with the Board, Commission or other person having authority to
revoke or suspend such permit or certificate, or if any Board or Commission shall have power to initiate its own
complaint, then a true and correct copy of such complaint shall be served on the permittee or certificate holder
in lieu of stating the grounds of complaint. However, notice of the time when and the place where such hearing
is to be held shall be served with such complaint.
Such notice or copy of complaint shall be served or given to the permittee or certificate holder at least five
(5) and not more than ten (10) days prior to the date set for said hearing.
At any such hearing the permittee or certificate holder shall be given an opportunity to be heard and defend
himself, and he may call witnesses in his behalf.
The Board, Commission or other person conducting such hearings may continue such hearings from time to
time upon good cause being shown therefor.
After conducting such hearing the Board, Commission or other person having authority may suspend or
revoke any such permit or certificate upon such terms and conditions as, in the exercise of a reasonable and
sound discretion, it shall determine.
Revocation of permit granted by it by a municipal board is a proper exercise of police power.
Vaughn v. Board of Police Commissioners, 59 Cal. App. 2d 771, 775.
SEC. 22.03. BOARD TO NOTIFY PERMITTEE.
The Board, Commission or other person having authority to revoke or suspend such permits or certificates
shall, orally or in the manner provided in Section 11.00 for giving notice, notify permittee or certificate holder
of any finding, suspension or revocation made by it or any conditions attached thereto.
SEC. 22.04.1. FAILURE TO PAY FEE DUE UNDER ARTICLE 1 OF THIS CHAPTER.
Whenever under any provision of this Code a regulatory permit is required for the conduct of any business or
occupation upon which a business tax is imposed by Article 1 of this chapter, the failure to pay such business
tax will be a ground for the suspension of the permit, but the procedure outlined in Section 22.02 shall be
followed. (Amended by Ord. No. 137,438, Eff. 11/7/68.)
SEC. 22.05. SUSPENDED OR REVOKED PERMITS – PERMITTEE NOT TO ENGAGE IN
BUSINESS.
No person whose permit or certificate has been revoked or suspended pursuant to Section 22.02, or pursuant
to any other provision of this Code, shall engage in or carry on any business or do any act permitted to be done
pursuant to such permit or certificate during the period of suspension or after revocation thereof, until a new
permit or certificate shall have been granted.
Los Angeles Charter & Administrative Code/ADMINISTRATIVE CODE/DIVISION 22 DEPARTMENTS, BUREAUS AND AGENCIES UNDER THE
CONTROL OF THE MAYOR AND COUNCIL/CHAPTER 13 DEPARTMENT OF PUBLIC WORKS
Sec. 22.350. Permit Required to Use City Property for Commercial Filming Purposes.
No person, as defined in Section 11.01 of the Los Angeles Municipal Code, shall use any property belonging
to or under the control of the City of Los Angeles for the purpose of making any commercial motion picture, or
still photograph, of, or including such property, without first having obtained a use permit to do so from the City
Council, or whomever the Council by order, resolution or ordinance may delegate such authority. No such use
permit shall be issued until the permit applicant has paid the application fee and the use and service charge
required in connection therewith, and until the permit applicant has furnished proof of insurance with coverage
as required by the Director of the Office of Administrative and Research Services in a form approved by the
City Attorney.
SECTION HISTORY
Added by Ord. No. 144,744, Eff. 7-8-73.
Amended by: In Entirety, Ord. No. 170,515, Eff. 6-18-95; Ord. No. 173,363, Eff. 7-29-00, Oper. 7-1-00.
Sec. 22.350.1. (No Title in Ordinance)
Commercial vehicular equipment used by motion picture and television production companies and
commercial photographers, when engaged in the activity for which a use permit has been issued under
provisions of this article shall be exempt from the provisions of “Temporary” No Parking regulations posted
by the Department under the terms of said use permit and during the hours and days of the week specified in
said permit. “Temporary” No Parking signs posted by the Department for that purpose shall clearly
indicate “Commercial Vehicles With Use Permit Exempt”.
SECTION HISTORY
Added by Ord. No. 157,503, Eff. 5-7-83.
Sec. 22.351. Motion Picture Coordination Section Created in Department of Public Works.
SECTION HISTORY
Added by Ord. No. 144,744, Eff. 7-8-73.
Deleted by Ord. No. 170,515, Eff. 6-18-95.
Sec. 22.352. Adoption of Rules and Regulations Concerning Use Permits.
The City Council, or whomever the Council by order, resolution or ordinance may delegate such authority
shall adopt such rules and regulations concerning the issuance of use permits required by Section 22.350 as may
be necessary to assure that the property will be used in a safe manner, with a minimum of interference with the
enjoyment and use of said property by the public and City employees, and consistent with the public health,
safety, and general welfare. Said rules and regulations shall provide that no such permit shall be issued until
approval of the Police Department has first been obtained. Said rules and regulations shall also be subject to the
approval of the departments involved, insofar as such rules and regulations apply to the use of property under
their management and control or to the use of property assigned to them. Such rules and regulations shall
require, among other matters, that the Department involved be notified and its approval obtained prior to the
issuance of a use permit.
SECTION HISTORY
Added by Ord. No. 144,744, 7-8-73.
Amended by: In Entirety, Ord. No. 170,515, Eff. 6-18-95.
SEC. 80.77. REMOVAL OF PARKED CARS.
(Amended by Ord. No 151,833, Eff. 2/10/79, Oper. 2/25/79.)
(d) Police Officers and Traffic Officers are hereby authorized to remove from streets or highways within
the City of Los Angeles to the nearest garage or other place of safety, or to a garage or other place of safety
designated or maintained by the Police Department, any vehicle which has been parked or left standing in
violation of an official sign prohibiting the stopping or parking of vehicles and giving notice that such vehicle
may be removed.
BUSINESS AND PROFESSIONS CODE
SECTION 7582-7582.28
7582. No person shall engage in a business regulated by this chapter; act or assume to act as, or represent
himself or herself to be, a licensee unless he or she is licensed under this chapter; and no person shall falsely
represent that he or she is employed by a licensee.
7582.1. (a) A private patrol operator, or operator of a private patrol service, within the meaning of this
chapter is a person, other than an armored contract carrier, who, for any consideration whatsoever:
Agrees to furnish, or furnishes, a watchman, guard, patrolperson, or other person to protect persons or
property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation, or concealment of any
goods, wares, merchandise, money, bonds, stocks, notes, documents, papers, or property of any kind; or
performs the service of a watchman, guard, patrolperson, or other person, for any of these purposes.
(e) A security guard or security officer, within the meaning of this chapter, is an employee of a private patrol
operator, or an employee of a lawful business or public agency who is not exempted pursuant to Section 7582.2,
who performs the functions as described in subdivision (a) on or about the premises owned or controlled by
the customer of the private patrol operator or by the guard's employer or in the company of persons being
protected.
(f) A street patrolperson, within the meaning of this chapter, is a security guard or security officer employed
by a private patrol operator who performs the functions described in subdivision (a) by street patrol service
utilizing foot patrol, motor patrol, or other means of transportation in public areas, streets or public
thoroughfares in order to serve multiple customers.
7582.2. This chapter does not apply to the following:
(a) A person who does not meet the requirements to be a proprietary private security officer, as defined in
Section 7574.1, and is employed exclusively and regularly by any employer who does not provide contract
security services for other entities or persons, in connection with the affairs of the employer only and where
there exists an employer-employee relationship if that person at no time carries or uses any deadly weapon in
the performance of his or her duties. For purposes of this subdivision, "deadly weapon" is defined to include
any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag,
metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than
five inches, any razor with an unguarded blade and any metal pipe or bar used or intended to be used as a club.
(b) An officer or employee of the United States of America, or of this state or a political subdivision thereof,
while the officer or employee is engaged in the performance of his or her official duties, including uniformed
peace officers employed part time by a public agency pursuant to a written agreement between a chief of police
or sheriff and the public agency, provided the part-time employment does not exceed 50 hours in any calendar
month.
(k) A peace officer of this state or a political subdivision thereof while the peace officer is employed by a
private employer to engage in off-duty employment in accordance with Section 1126 of the Government Code.
However, nothing herein shall exempt such peace officer who either contracts for his or her services or the
services of others as a private patrol operator or contracts for his or her services as or is employed as an armed
private security officer. For purposes of this subdivision, "armed security officer" means an individual who
carries or uses a firearm in the course and scope of that contract or employment.
(l) A retired peace officer of the state or political subdivision thereof when the retired peace officer is
employed by a private employer in employment approved by the chief law enforcement officer of the
jurisdiction where the employment takes place, provided that the retired officer is in a uniform of a public law
enforcement agency, has registered with the bureau on a form approved by the director, and has met any
training requirements or their equivalent as established for security personnel under Section 7583.5. This officer
may not carry a loaded or concealed firearm unless he or she is exempted under the provisions of subdivision
(a) of Section 12027 of the Penal Code or paragraph (1) of subdivision (b) of Section 12031 of the Penal Code
or has met the requirements set forth in Section 12033 of the Penal Code. However, nothing herein shall exempt
the retired peace officer who contracts for his or her services or the services of others as a private patrol
operator.
Note: BSIS has not established any form or other procedure for retired officers to register with BSIS as
referenced in this section. This may be verified by calling Norma at BSIS at 916 5785-7054. LAPD
officers receive training which meets or exceeds the equivalency requirements of Section 7583.5. See
also 7385.6 (g) below. The Penal Code sections are reprinted below, and include honorably retired law
enforcement officers in the exemption cited herein.
7583.5. (a) Every licensee and any person employed and compensated by a licensee, other lawful business or
public agency as a security guard or patrolperson, and who in the course of that employment or business carries
a firearm, shall complete a course of training in the exercise of the powers to arrest and a course of training in
the carrying and use of firearms. This subdivision shall not apply to armored vehicle guards hired prior to
January 1, 1977. Armored vehicle guards hired on or after January 1, 1977, shall complete a course of training
in the carrying and use of firearms, but shall not be required to complete a course of training in the exercise of
the powers to arrest. The course of training in the carrying and use of firearms shall not be required of any
employee who is not required or permitted by a licensee to carry or use firearms. The course in the carrying and
use of firearms and the course of training in the exercise of the powers to arrest shall meet the standards which
shall be prescribed by the Department of Consumer Affairs. The department shall encourage restraint and
caution in the use of firearms. (b) No uniformed employee of a licensee shall carry or use any firearm unless the
employee has in his or her possession a valid firearm qualification card.
7583.6. (a) A person entering the employ of a licensee to perform the functions of a security guard or a security
patrolperson shall complete a course in the exercise of the power to arrest prior to being assigned to a duty
location.
...
(g) This section does not apply to a peace officer as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code who has successfully completed a course of study in the exercise of the
power to arrest approved by the Commission on Peace Officer Standards and Training. This section does not
apply to armored vehicle guards.
Note: All honorably retired LAPD officers working film jobs have completed such a course of study during
their training and are therefore exempt from this requirement.
7583.38. A city, county, or city and county may regulate the uniforms and insignias worn by uniformed
employees of a private patrol operator and vehicles used by a private patrol operator to make the uniforms and
vehicles clearly distinguishable from the uniforms worn by, and the vehicles used by, local regular law
enforcement officers.
Note: Retired LAPD officers acting under authority of 52.28 & 80.03.1 LAMC are not employees of a
private patrol operator nor are their vehicles those of a private patrol operator.
California Penal Code Section 12027
Section 12025 does not apply to, or affect, any of the following:
(a) (1) (A) Any peace officer, listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, whether
active or honorably retired, other duly appointed peace officers, honorably retired peace officers listed in
subdivision (c) of Section 830.5, other honorably retired peace officers who during the course and scope of their
employment as peace officers were authorized to, and did, carry firearms, full-time paid peace officers of other
states and the federal government who are carrying out official duties while in California, or any person
summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually
engaged in assisting that officer. Any peace officer described in this paragraph who has been honorably retired
shall be issued an identification certificate by the law enforcement agency from which the officer has retired.
The issuing agency may charge a fee necessary to cover any reasonable expenses incurred by the agency in
issuing certificates pursuant to this subdivision. As used in this section and Section 12031, the term "honorably
retired" includes all peace officers who have qualified for, and have accepted, a service or disability retirement.
For purposes of this section and Section 12031, the term "honorably retired" does not include an officer who
has agreed to a service retirement in lieu of termination.
California Penal Code Section 12031
(b) Subdivision (a) shall not apply to any of the following: (1) Peace officers listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably retired, other duly appointed peace officers,
honorably retired peace officers listed in subdivision (c) of Section 830.5, other honorably retired peace officers
who during the course and scope of their employment as peace officers were authorized to, and did, carry
firearms, full-time paid peace officers of other states and the federal government who are carrying out official
duties while in California, or any person summoned by any of those officers to assist in making arrests or
preserving the peace while the person is actually engaged in assisting that officer. Any peace officer described
in this paragraph who has been honorably retired shall be issued an identification certificate by the law
enforcement agency from which the officer has retired. The issuing agency may charge a fee necessary to cover
any reasonable expenses incurred by the agency in issuing certificates pursuant to this paragraph and paragraph
(3). Any officer, except an officer listed in Section 830.1 or 830.2, subdivision (a) of Section 830.33, or
subdivision (c) of Section 830.5 who retired prior to January 1, 1981, shall have an endorsement on the
identification certificate stating that the issuing agency approves the officer's carrying of a loaded firearm. No
endorsement or renewal endorsement issued pursuant to paragraph (2) shall be effective unless it is in the
format set forth in subparagraph (D) of paragraph (1) of subdivision (a) of Section 12027, except that any peace
officer listed in subdivision (f) of Section 830.2 or in subdivision (c) of Section 830.5, who is retired between
January 2, 1981, and on or before December 31, 1988, and who is authorized to carry a loaded firearm pursuant
to this section, shall not be required to have an endorsement in the format set forth in subparagraph (D) of
paragraph (1) of subdivision (a) of Section 12027 until the time of the issuance, on or after January 1, 1989, of a
renewal endorsement pursuant to paragraph (2).
California Penal Code Section 12033
The Department of Consumer Affairs may issue a certificate to any person referred to in subdivision (d) of
Section 12031, upon notification by the school where the course was completed, that the person has
successfully completed a course in the carrying and use of firearms and a course of training in the exercise of
the powers of arrest which meet the standards prescribed by the department pursuant to Section 7583.5 of the
Business and Professions Code.
California Government Code Section 1126
(a) Except as provided in Sections 1128 and 1129, a local agency officer or employee shall not engage in any
employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or
inimical to his or her duties as a local agency officer or employee or with the duties, functions, or
responsibilities of his or her appointing power or the agency by which he or she is employed. The officer or
employee shall not perform any work, service, or counsel for compensation outside of his or her local agency
employment where any part of his or her efforts will be subject to approval by any other officer, employee,
board, or commission of his or her employing body, unless otherwise approved in the manner prescribed by
subdivision (b).
(b) Each appointing power may determine, subject to approval of the local agency, and consistent with the
provisions of Section 1128 where applicable, those outside activities which, for employees under its
jurisdiction, are inconsistent with, incompatible to, or in conflict with their duties as local agency officers or
employees. An employee's outside employment, activity, or enterprise may be prohibited if it: (1) involves the
use for private gain or advantage of his or her local agency time, facilities, equipment and supplies; or the
badge, uniform, prestige, or influence of his or her local agency office or employment or, (2) involves receipt or
acceptance by the officer or employee of any money or other consideration from anyone other than his or her
local agency for the performance of an act which the officer or employee, if not performing such act, would be
required or expected to render in the regular course or hours of his or her local agency employment or as a part
of his or her duties as a local agency officer or employee or, (3) involves the performance of an act in other than
his or her capacity as a local agency officer or employee which act may later be subject directly or indirectly to
the control, inspection, review, audit, or enforcement of any other officer or employee or the agency by which
he or she is employed, or (4) involves the time demands as would render performance of his or her duties as a
local agency officer or employee less efficient.
(c) The local agency shall adopt rules governing the application of this section. The rules shall include provision
for notice to employees of the determination of prohibited activities, of disciplinary action to be taken against
employees for engaging in prohibited activities, and for appeal by employees from such a determination and
from its application to an employee. Nothing in this section is intended to abridge or otherwise restrict the rights
of public employees under Chapter 9.5 (commencing with Section 3201) of Title 1.
(d) The application of this section to determine what outside activities of employees are inconsistent with,
incompatible with, or in conflict with their duties as local agency officers or employees may not be used as part
of the determination of compensation in a collective bargaining agreement with public employees.
California Government Code Section 53069.8
(a) The board of supervisors of any county may contract on behalf of the sheriff of that county, and the
legislative body of any city may contract on behalf of the chief of police of that city, to provide
supplemental law enforcement services to:
(1) Private individuals or private entities to preserve the peace at special events or occurrences that happen
on an occasional basis.
(2) Private nonprofit corporations that are recipients of federal, state, county, or local government lowincome housing funds or grants to preserve the peace on an ongoing basis.
(3) Private entities at critical facilities on an occasional or ongoing basis. A "critical facility" means any
building, structure, or complex that in the event of a disaster, whether natural or manmade, poses a
threat to public safety, including, but not limited to, airports, oil refineries, and nuclear and
conventional fuel powerplants.
(b) Contracts entered into pursuant to this section shall provide for full reimbursement to the county or city of
the actual costs of providing those services, as determined by the county auditor or auditor-controller, or by
the city, as the case may be.
(c) (1) The services provided pursuant to this section shall be rendered by regularly appointed full-time peace
officers, as defined in Section 830.1 of the Penal Code.
(2) Notwithstanding paragraph (1), services provided in connection with special events or occurrences, as
specified in paragraph (1) of subdivision (a), may be rendered by Level I reserve peace officers, as
defined in paragraph (2) of subdivision (a) of Section 830.6 of the Penal Code, who are authorized to
exercise the powers of a peace officer, as defined in Section 830.1 of the Penal Code, if there are no
regularly appointed full-time peace officers available to fill the positions as required in the contract.
(d) Peace officer rates of pay shall be governed by a memorandum of understanding.
(e) A 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 7582.1 of the Business
and Professions Code.
(f) Contracting for law enforcement services, as authorized by this section, shall not reduce the normal and
regular ongoing service that the county, agency of the county, or city otherwise would provide.
(g) Prior to contracting for ongoing services under paragraph (2) or (3) of subdivision (a), the board of
supervisors or legislative body, as applicable, shall discuss the contract and the requirements of this section
at a duly noticed public hearing.
Note: The provisions of this section may be pertinent to the Contract Services concept being pursued by the
Chief of Police.
Penal Code 583d - Impersonating a peace officer
538d. (a) Any person other than one who by law is given the authority of a peace officer, who willfully wears,
exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing, of a peace
officer, with the intent of fraudulently impersonating a peace officer, or of fraudulently inducing the belief that
he or she is a peace officer, is guilty of a misdemeanor.
(b) (1) Any person, other than the one who by law is given the authority of a peace officer, who
willfully wears, exhibits, or uses the badge of a peace officer with the intent of fraudulently impersonating a
peace officer, or of fraudulently inducing the belief that he or she is a peace officer, is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand
dollars ($2,000), or by both that imprisonment and fine.
(2) Any person who willfully wears or uses any badge that falsely purports to be authorized for the use
of one who by law is given the authority of a peace officer, or which so resembles the authorized badge of a
peace officer as would deceive any ordinary reasonable person into believing that it is authorized for the use of
one who by law is given the authority of a peace officer, for the purpose of fraudulently impersonating a peace
officer, or of fraudulently inducing the belief that he or she is a peace officer, is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand
dollars ($2,000), or by both that imprisonment and fine.
(c) Any person who willfully wears, exhibits, or uses, or who willfully makes, sells, loans, gives, or
transfers to another, any badge, insignia, emblem, device, or any label, certificate, card, or writing, which
falsely purports to be authorized for the use of one who by law is given the authority of a peace officer, or
which so resembles the authorized badge, insignia, emblem, device, label, certificate, card, or writing of a peace
officer as would deceive an ordinary reasonable person into believing that it is authorized for the use of one
who by law is given the authority of a peace officer, is guilty of a misdemeanor, except that any person who
makes or sells any badge under the circumstances described in this subdivision is subject to a fine not to exceed
fifteen thousand dollars ($15,000).
Note: LAMC 52.28 provides the authority of retired officers to wear the uniform of the Los Angeles
Police Department with their retired officers badged affixed thereto for the limited purpose of
performing traffic and crowd control duties, a limited peace officer function, at filming locations.
Download