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(Amended by Ord. No. 173,375, Eff. 8/5/00.)
(a) Definitions.
For the purpose of this article, certain terms used herein are defined as follows:
(1) Private Patrol Service. The term “private patrol service” shall mean any “private patrol operator” as defined in the California Business and Professions Code which furnishes or purports to furnish to members, subscribers, or customers any street patrol officer for the purpose of affording additional security and protection of person and property or to perform any other service directly related to the “private protection of life and property.”
(2) Street Patrol Officer. The term “street patrol officer” shall mean any person who performs for a private patrol service the duties of a uniformed guard or uniformed patrol officer or any of the duties described in subdivision (a)(1) by street patrol service utilizing foot patrol, motor patrol, or other means of transportation in public areas, City streets, or public thoroughfares. This definition shall not apply to uniformed guards or uniformed caretakers employed by an entity other than a private patrol service, such as by industrial plants, department stores, community associations, or private clubs wherein said function does not require patrolling from one location to another by use of a City street, nor shall it apply to persons employed by such an entity solely in connection with the commercial, public, or professional business of such an entity.
(b) Private Patrol Services.
(1) Permit. It shall be unlawful to engage in the business of maintaining or operating any private patrol service in the City of Los Angeles without first obtaining a license as required by the State of California and a permit from the City.
(2) Requirements for Permits. The following requirements must be met to obtain a permit to operate, maintain and conduct a private patrol service in the City.
A. Registration. A registration form shall be filed with the Board of Police Commissioners on forms supplied by the City. The registration form shall be signed and verified by the registrant and shall state the name, address and organization of the private security service, its method of operation, the territory or location it proposes to serve, the names, addresses of its officers, members, associates and employees and a description of the procedures for investigating citizen complaints against its street patrol officers.
B. State License. The registration form for a permit shall be accompanied by a photostatic or certified copy of the private patrol service’s State of California License evidencing compliance with State laws relating to the business of private patrols.
C. Insurance. Upon request, a private patrol service shall furnish to the Board of Police Commissioners evidence of the following insurance: workers’ compensation, general liability insurance, automobile insurance in the amounts required by State law.
(c) Street Patrol Officers.
(1) Registration. It shall be unlawful for any person to perform the duties of a street patrol officer in the City of Los Angeles without first obtaining a Guard Registration card as required by the State of California and registering with the City. Upon the registration being accepted by the City, the Board of Police Commissioners may issue a permit which shall be subject to all of the provisions of Chapter 10 of this Code, including all the rights, regulations, and due process procedures contained therein. The Board of Police Commissioners shall retain street patrol officer permits in its files.
(2) Requirements for Registration. The following requirements must be met to register to perform the duties of a street patrol officer in the City.
A. Registration. A registration form shall be filed with the Board of Police Commissioners on forms supplied by the City. The registration form shall be signed and verified by the registrant and shall state the registrant’s name, address and the name and address of the private patrol service by whom the registrant is employed. The registration form shall be submitted to the Board of Police Commissioners within 15 days of the Street Patrol Officer being hired by the Private Patrol Service. Registration forms may be submitted by hand-delivery, U.S. mail or facsimile.
B. State Registration Card. The registration form for a street patrol officer permit must be accompanied by a photostatic or certified copy of the officer’s State of California Guard Registration card evidencing compliance with the State laws relating to the occupation of a street patrol officer.
(d) Uniform, Equipment, Badges, Insignia.
(1) General. Any badge, insignia, patch or uniform used or worn by any employee, officer, member or associate of a private patrol service, while on duty for said patrol service, shall be in compliance with State law. Any such badge, insignia, patch or uniform shall not be of such a design as to be mistaken for an official badge, insignia or uniform worn by a law enforcement officer of the City of Los Angeles or any other law enforcement agency with jurisdiction in the City.
(2) Uniforms. The Private Patrol Service shall submit to the Board of Police Commissioners a sample or color photograph of the proposed uniform for approval by the Board to ensure that it does not resemble a uniform of any law enforcement agency with jurisdiction in the City. No uniform shall be worn if the sample thereof submitted to the Board has been determined to be in violation of subsection (d)(1).
(3) Equipment, Weapons, Ammunition. Street Patrol Officers are only authorized to carry .38 caliber, .45 caliber, .357 caliber and 9 millimeter firearms. The Board of Police Commissioners shall have the authority to grant an exception to this subsection upon a showing of good cause. Firearms and ammunition used by street patrol officers shall be of a brand name, model and caliber approved by the State of California. No street patrol officer shall carry any firearm in the performance of their duties unless the officer possesses a valid firearm qualification card issued by the State for said firearm. Other authorized weapons include State approved batons and chemical agents as authorized by the officer’s State permit.
(e) Motor Vehicles. Each vehicle used for the purpose of patrolling shall comply with California Vehicle Code section 25279(b) and at a minimum the letters and numerals shall be clearly visible and readable from a distance of fifty feet and shall be permanently affixed to the vehicle. A private patrol service shall not use or permit to be used for purposes of patrolling, any vehicle which is not marked and identifiable with approved markings or insignia in accordance herewith. No vehicle used by a private patrol service shall be equipped with a red light, siren, or be painted in a manner similar to a police vehicle of the City of Los Angeles or other law enforcement agency with jurisdiction in the City. The private patrol service shall submit to the Board of Police Commissioners a color photograph of the proposed vehicles showing compliance with this subsection.
(f) Reports to Police. Every private patrol service operator and every street patrol officer shall immediately make a report to the Police Department of any felonies, high-grade misdemeanors or violation of federal law which come to their attention. High-grade misdemeanors include Petty Theft, Dangerous Weapons’ Control Laws, Traffic Manslaughter, Indecent Exposure, Child Molesting, Contributing to the Delinquence of a Minor, Lewd Conduct, and all other misdemeanor sex offenses. The private patrol service shall also immediately notify the Police Department of any weapon discharge or private person’s arrest made within the City, by any employee, officer, member, or associate of the private patrol service.
(g) Employees. The private patrol service will be responsible for each street patrol officer to be registered with the State and to carry proof thereof at all times while on duty. A Street Patrol Officer in connection with their duties, upon request by a law enforcement officer, shall identify themself as a Street Patrol Officer and shall give their name and employer’s name. At no time shall a Street Patrol Officer conduct themself by word or manner as to lead others to believe that the Street Patrol Officer possesses the power to enforce Traffic Regulations or to issue Traffic Citations.
(h) Authority to Make Rules and Regulations. The Board of Police Commissioners shall have the authority to make rules and regulations not inconsistent with State law or this chapter concerning private patrol services and street patrol officers. Prior to any changes or additions to such Board rules and regulations, the Board of Police Commissioners shall give reasonable notice to all private patrol services registered with the City of the proposed changes or additions.
(i) Permits; Nontransferable. Permits issued under this article are not transferable. This section shall not be construed to prohibit the owner of a private patrol service from selling, assigning or transferring such service; however any new owner, transferee, or assignee shall be required to qualify under this article before commencing operations or carrying on business as a private patrol service.
(j) Suspension/Revocation. Violation of any provision of this ordinance, any of the rules promulgated by the Board of Police Commissioners, or of any State or local law in connection with the operation of a Private Patrol Service, may be cause for suspension and/or revocation of the permit held by the Private Patrol Service. The Board of Police Commissioners shall notify the Private Patrol Service of the intent to suspend or revoke the registration of any of its street patrol officers.
(k) Permits Not Exclusive. Permits required by this article shall be in addition to any license or permit required under any other chapter of this code.
(a) “Chief Detectives,” “Chief of Detective Bureau.” No person shall use the title “Chief of Detectives” or “Chief of Detective Bureau” alone or in connection with any other term, phrase, symbol, initial or language, in carrying on any private business, employment or activity.
(b) Other Police Titles. No person shall, in connection with any private business, employment or activity, use the title “Chief of Police,” “Police Chief,” “Detective” or any other title or designation whatever calculated to indicate an official connection with the Police Department of this city or with the police force of any other government or government agency, unless accompanied by additional language clearly displaying without the use of initials or symbols, the identity of the private agency or employer on whose behalf the user of the title or designation is acting or purporting to act.
(c) Police Operations. No person, other than a regular police officer of the City of Los Angeles, shall, for any purpose whatsoever, represent themself, or falsely represent another, to be a member of the Police Department of this city, or use any sign, word, language or device calculated to induce a false or mistaken belief that the person is acting or purporting to act on behalf of the Police Department of this city within the scope of any real or purported duty thereof.
(d) Collections, etc. No person other than a regular police officer of this city, acting within the scope and course of their official duties, shall use any sign, badge, title or designation, or make any express or implied representation, calculated to induce the belief that the person is a member of the police force of this city, or connected therewith in any way, in connection with any activity directed toward the collection of any money or debt, or the repossessing, recovering, or taking of anything of value, or for any purpose of private gain whatsoever.
(e) Civil Immunities. No special police officer shall, by virtue of any commission as such heretofore or hereafter issued under this chapter or pursuant to any other law or ordinance, be deemed to be an officer, agent, employee or representative of the City of Los Angeles while engaging in any activity of any character whatsoever undertaken for private hire, profit or reward, or while performing any act done in the course of the officer’s own business or affairs, or while performing any act done or undertaken in connection with or in furtherance of, any private employment, business or undertaking for which such special officer is hired or engaged, nor shall any such commission be construed to confer upon the holders any privilege or immunity not expressly granted by this code, other than the authority to arrest for crime under Sec. 836 of the Penal Code, and the right to be armed as a peace officer, subject, in both respects, to such rules and regulations of the Board of Police Commissioners as may relate to special police officers.
Any commission or appointment as special police officer which is claimed to convey, expressly or by implication, any immunity inuring to the benefit of the holder or any other person, contrary to any of the objects and purposes of this section, shall be void, and its grant or issuance shall be deemed to be in excess of the power and authority of the Board, whether heretofore or hereafter made.
(a) The statements, photographs and fingerprints hereinbefore provided for shall not be open to inspection by the public, or by any person other than a regularly employed peace or law enforcement officer. Any such photograph, or duplicates thereof, may be exhibited to persons other than peace officers of the City for the purpose of assisting in identifying perpetrators of any crime. Copies of said statements, photographs and fingerprints may be transmitted to the sheriff of any county of the State of California, to the head of any organized police department of any municipality in said state, or to the head of any department of the State of California engaging in the enforcement of any criminal law of this state, or to the head of any federal law enforcement agency, or to any sheriff or chief of police of a municipality, or to the head of any other law-enforcement agency of any state in any state or territory outside the State of California, when request is made in writing by such sheriff or other head of a law-enforcement agency asking for the record of a certain person named therein, or for the record of a person whose photograph or fingerprints reasonably correspond with Photographs or fingerprints submitted with such request, and stating that such record is deemed necessary for the use of such law enforcement officer or agency in or concerning the investigation of any crime, or any person who is accused of committing a crime, or any crime which is reported to have been committed, and further stating that the record will be used only for such purpose.
(b) Any police officer or other employee of the Police Department who discloses to any person any information contained in any statement required to be filed under the provisions of Sections 52.38 to 52.43 inclusive, otherwise than in the regular course of their duties, shall be guilty of a misdemeanor.
(c) Nothing contained in Sections 52.38 to 52.43 inclusive, shall prevent the Chief of Police from furnishing to the sheriff of any county, the chief of police of any municipality, or the head of any other law-enforcing agency which maintains any system of registration of convicted persons copies of the statements required to be filed under the provisions of Sections 52.38 to 52.43 inclusive, together with photographs and fingerprints of persons making such statements when and if such sheriff, chief of police, or other head of a law-enforcing agency furnishes to the Chief of Police of this City copies of statements, photographs and fingerprints procured by that sheriff, chief of police, or other head of a law-enforcing agency, and it is hereby made the duty of such Chief of Police to arrange for the exchange of such information.
(d) Any police officer or employee of the Police Department may, any other provisions herein notwithstanding, furnish to persons other than peace officers, photographs, fingerprints, descriptions and other data relative to persons registered as convicted persons, as defined by Sec. 52.38(d)1 of this code, for the purpose of furnishing the information required by Sec. 41.11.2 of this code, or for the purpose of securing and effecting the enforcement of said section; and the furnishing of such information, pictures or fingerprints shall be within the regular course of the officer’s or employee’s duties.
(Added by Ord. No. 114,852, Eff. 12/6/59.)
(a) In the interest of the public health, safety, morals and general welfare, the Board of Police Commissioners may make available to any person possessing a valid press identification card, issued pursuant to the provisions of Section 52.16 of this Code, the record of arrests, criminal charges and dispositions thereof of any person, as contained in the records of the Los Angeles Police Department, and it shall be deemed that the release of such information to such person is in the interest of the public in the due administration and enforcement of the law.
(b) Such information shall be furnished to such persons only upon application therefor in writing, upon forms to be prescribed by the Board of Police Commissioners, which forms shall include a certificate by the applicant stating the applicant’s reasons for requesting such information, the use to be made of such information and a statement that the information sought is in the interest of the public in the due administration and enforcement of the law.
(a) No person required by any provision of Section 52.38 to 52.42 inclusive, to furnish a statement, shall in such statement give any false or fictitious address or any address other than a true address or intended address, or furnish in the making of any such report any false, untrue or misleading information or statement, relating to any information required by any of the provisions thereof to be made or furnished.
(b) Continuing Offense. The duty to furnish statements when and in the manner provided by Sections 52.38 to 52.42
inclusive, is hereby declared to be a continuing one, and for each day that any person required under the provisions of Section 52.38 to 52.42 inclusive to furnish a statement fails to do so, such failure shall constitute a separate offense; provided, however, that no person may be convicted more than once on account of violations occurring by reason of failure, on a series of days, to furnish such statements; provided further, that nothing contained herein shall be deemed to bar subsequent prosecutions for violations of the provisions of this code occurring subsequent to a prior conviction or acquittal of a violation thereof.
It shall be unlawful for any person to willfully listen by means of any radio receiving device located in or upon any vehicle to any official message which is being transmitted by the Police Department or Fire Department of the City of Los Angeles or any law enforcement agency over a radio transmitting station owned or operated by such city or agency. The provisions herein shall not apply to any person to whom a permit to listen to such radio messages has been issued in writing by the Chief of Police of the City of Los Angeles after the Chief of Police determines that public interest will be served by the issuance of such permit, nor shall the provisions of this section apply to any officer, agent, or servant of any government agency or public utility, the performance of whose duty as such officer, agent or servant, requires that the officer, agent or servant listen to such messages.
No person who intercepts, overhears or receives any message or communication transmitted by any radio transmission station operating upon a wave length or radio frequency assigned by the Federal Communication Commission for use by any police or law enforcement department shall, for the financial benefit of themself or another communicate such message or communication to another or directly or indirectly use the information so obtained.
No person shall willfully make to the Police Department of the City any false, misleading or unfounded report, for the purpose of interfering with the operation of the Police Department or with the intention of misleading any police officer.
A false oral statement made upon the initiative of one who resorts to the police department or member thereof for the specific purpose of having some action taken with respect thereto is a violation of the foregoing section.
People v. Minler,(135 Cal. App. 2d Supp. P. 889.)
See also People v. Smith. CRA 3242 (131 Cal. App. 2d Supp. P. 889.)
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