(Amended by Ord. No. 170,451, Eff. 5/8/95.)
(a) The Director of the Bureau of Street Services, the Assistant Director of the Bureau of Street Services, the Chief Street Services Investigator, Senior Street Services Investigators and Street Services Investigators are duly appointed public officers as defined in California Penal Code, Section 836.5 and have the power, authority and immunity of illegal dumping enforcement officers as set forth in California Penal Code Section 830.7(j), to enforce laws related to illegal waste dumping, or littering, and authorized by a Memorandum of Understanding with the Los Angeles Police Department. This power, authority and immunity shall only be exercised by those directors and investigators referred to in this section who have successfully completed a course in the exercise of the powers of a peace officer pursuant to California Penal Code Section 832 and that satisfies the selection standards for peace officers pursuant to the Government Code of the State of California, Section 1029. All public officers empowered by this section shall have the authority of a “local enforcement agency” for the purposes specified in the California Public Resources Code Division 30, Part 3, Chapters 16 through 19 related to the California Integrated Waste Management Board Waste Tire Enforcement Program and to seize and impound vehicles in order to enforce the provisions of Los Angeles Municipal Code Section 41.70.3. In addition, these persons shall have the power to serve warrants as specified in the California Code of Civil Procedures Section 1822.50, et seq., and the
authority granted in Section 80.01.1 of this Code. All persons referred to in this section shall be deemed to be acting within the scope of employment with respect to all acts and matters set forth in this section. (Amended by Ord. No. 179,818, Eff. 5/31/08.)
(b) (Amended by Ord. No. 186,366, Eff. 10/31/19.) The Director of the Bureau of Sanitation, the Assistant Director of the Bureau of Sanitation, the Division Manager of the Bureau of Sanitation, the Assistant Division Manager of the Bureau of Sanitation, Chief Environmental Compliance Inspectors, Senior Environmental Compliance Inspectors, and Environmental Compliance Inspectors of the Bureau of Sanitation (BOS Inspectors) are duly appointed public officers as defined in California Penal Code Section 836.5 and have the power, authority, and immunity of an illegal dumping enforcement officer to enforce laws with respect to the environment, storm drain systems, and waters of the State, as set forth in California Penal Code Section 830.7(j), and authorized by a Memorandum of Understanding with the Los Angeles Police Department. Only a BOS Inspector who has successfully completed a training course pursuant to California Penal Code Section 832 and has satisfied the selection standards for a peace officer pursuant to the California Government Code Section 1031, shall exercise this power, authority, and immunity.
A BOS Inspector shall have the power to enforce Section 64.70 of this Code with respect to public health and safety, environment, storm drain systems, and waters of the State of California. A BOS Inspector also shall have the power to serve warrants as specified in the California Code of Civil Procedure Section 1822.50, et seq. In addition, a BOS Inspector shall have the foregoing power, authority, and immunity with respect to a violation of any of the following sections of the Los Angeles Municipal Code:
A BOS Inspector also shall have the power to enforce and to make arrests without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in his or her presence which is a violation of any of the following provisions of this Code or is in violation of California Penal Code Section 556 or 556.1: (Amended by Ord. No. 187,487, Eff. 6/23/22.)
A BOS Inspector is deemed to be acting within the scope of his or her employment with respect to all acts and matters set forth in this section.
(c) Any person designated in Subsections (a) and (b) of this section shall have the power, authority and immunity of a public officer or employee under the Penal Code of the State of California, Section 836.5, to make arrests without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in his or her presence which is a violation of any of the following provisions of the Los Angeles Municipal Code:
or is a violation of State of California Penal Code Section 556 or 556.1. (Amended by Ord. No. 182,742, Eff. 11/14/13.)
(d) Those persons designated in Subsections (a) and (b) of this section are hereby authorized to issue parking citations as provided for in Section 80.00 of the Los Angeles Municipal Code for the violation of Los Angeles Municipal Code Sections 80.53, 80.56, 80.73 (b)2.A.(1), (2), (3), 80.73 (b)2.F., 80.73.2, 85.01 (b) and California Vehicle Code Section 22500(f).
(e) The provisions of Penal Code Section 836.5 regarding issuance of a written promise to appear shall be applicable to arrests authorized herein.
(f) No person shall falsely represent or identify himself or herself as another person or as a fictitious person to a public officer designated in Subsections (a) and (b) of this Section upon lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the public officer when (1) the false information is given while the public officer is engaged in the performance of his or her duties as a public officer, and (2) the person providing the false information knows or should have known that the person receiving the information is a public officer. (Amended by Ord. No. 183,229, Eff. 9/24/14.)
(g) If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he or she is being arrested by a public officer designated in Subsections (a) and (b) of this Section, it is the duty of the person being arrested to refrain from using force or any weapon to resist such arrest. (Amended by Ord. No. 183,229, Eff. 9/24/14.)
(h) No person who has been lawfully arrested by a public officer designated in Subsections (a) and (b) of this Section, and who knows, or by the exercise of reasonable care should have known, that he or she has been so arrested, shall thereafter escape or attempt to escape from the custody of that public officer. (Amended by Ord. No. 183,229, Eff. 9/24/14.)
(i) No person shall fail to comply with any valid order pursuant to any provision or requirement of this Code or any other valid order issued by a public officer designated in Subsections (a) and (b) of this Section. (Amended by Ord. No. 183,229, Eff. 9/24/14.)
(j) Any public officer designated in Subsections (a) and (b) of this Section shall have the authority to obtain state and local summary criminal history information pursuant to the California Penal Code, Section 11105(b)(11) and Section 13300(b)(11) in fulfilling employment, certification and licensing duties. In addition, public officers designated in Subsections (a) and (b) of this Section who have the power, authority and immunity of illegal dumping enforcement officers are authorized pursuant to California Penal Code Section 11105(c) to obtain State summary criminal history information for investigative purposes relevant to the public officer's official duties. (Amended by Ord. No. 183,229, Eff. 9/24/14.)
(k) Making False Statements to Public Officers. It shall be unlawful for any person to make a false or misleading statement, or misrepresentation in any writing submitted to a public officer designated in Subsections (a) and (b) of this Section. For purposes of this Section the term "writing" shall include, but is not limited to, forms, applications, approvals, reports or certifications required by the Department of Public Works. (Amended by Ord. No. 183,229, Eff. 9/24/14.)
(l) Any person designated in Subsections (a) and (b) of this section as a public officer may wear or carry a uniform departmental badge in accordance with Section 52.32 of this Code while performing their respective duties. (Added by Ord. No. 186,905, Eff. 3/8/21.)