Los Angeles Municipal Code Art. 2 Police and Special Officers

Section

• 52.00 Definitions.

• 52.01 Issuance of Badges.

• 52.02 Special Police Officers’ Badges – Issuance.

• 52.03 Special Police – Application – Contents.

• 52.04 Special Police – Address to Be Filed.

• 52.05 Special Police – Fees.

• 52.06 Special Police – Record of Badges.

• 52.07 Special Police – Badges Must Be on Person.

• 52.09 Special Police Badges – Must Be Properly Issued.

• 52.10 Special Police – Other Badges.

• 52.10.1 Funeral Escort Officers.

• 52.11 Special Police – Must Have Badge.

• 52.12 Unauthorized Wearing of Official Police Officer’s Badge Prohibited.

• 52.13 Special Police – Return of Badges.

• 52.14 Police Badges – Proper Issuance.

• 52.15 Official Police Officer’s Badge – to Whom Issued.

• 52.15.1 Civilian Badge – to Whom Issued.

• 52.16 News Media Identification Cards – Issuance of.

• 52.17 Limitations on Number of News Media Identification Cards – Refusal to Issue.

• 52.18 News Media Identification Cards – Revocation.

• 52.19 News Media Identification Cards – Records.

• 52.20 News Media Identification Cards – Return of.

• 52.21 Police and Civilian Badges – Use by City Departments.

• 52.22 Police Badges and News Media Identification Cards – Record to Be Kept.

• 52.23 Police and Civilian Badges – Manufacture of.

• 52.24 Police and Civilian Badge Revolving Fund.

• 52.25 Police and Civilian Badges and News Media Identification Cards – Return of.

• 52.26 Custodian of Badges and News Media Identification Cards.

• 52.27 Badges and News Media Identification Cards – Unauthorized Possession of.

• 52.27.1 Retired Officers – Authorized Badges.

• 52.27.2 Former Reserve Officers – Authorized Badges.

• 52.27.3 Promotion – Authorized Badges.

52.27.4 Presentation of Badge and Other City-issued Equipment as a Memorial to a Regular Police Officer Killed in the Line of Duty.

• 52.28 Police Uniforms – Limitation of.

• 52.28.1 Special Police Uniforms.

• 52.29 Police Identification Cards – Issuance.

• 52.30 Police Identification Cards – Possession of.

• 52.31 Police Identification Cards – Imitation of.

• 52.32 Badges – Other Departments.

52.32.1 Port Warden and Special Officers of Harbor Department Designated as Peace Officers.

52.33 City Attorney Badge.

52.34 Private Patrol Service – Regulations.

52.37.1 Use of Official Police Titles by Private Agencies – Similar Subterfuges – Prohibited.

• 52.42 Records Confidential.

• 52.42.1 Arrest Information.

• 52.43 False Statements.

52.44 Willfully Listening to Police and Fire Departments’ Portable Radio Messages – Prohibited.

• 52.46 Short Wave Radios, Use of.

• 52.50 Police Department – Making False Reports to.

• 52.51 Interference with Police Animals.

• 52.53 Garages – Rental – Report to Police.

• 52.55 Police Department Retention, Use, Sale or Destruction of Unclaimed Property.

For the purposes of this article, the following words and phrases are defined, and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning:

(1) “Board” shall mean the Board of Police Commissioners.

(2) “Official Police Officer’s Badge” shall mean badges of the sizes, types and designs last approved by resolution of the Board adopted subsequent to January 1, 1940 for the use of Regular Police Officers and Reserve Police Officers. Each badge shall bear on the face thereof the title or rank of the person to whom it was issued. All badges of each title or rank shall be consecutively numbered and the numbers shall appear on the face of each badge. Where a Regular or Reserve Police Officer possesses more than one Official Police Officer’s Badge, those badges shall bear the same badge number. (Amended by Ord. No. 175,997, Eff. 7/7/04.)

(3) (None)

(4) “Special Police Officer’s Badge” shall mean a badge of the size, type and design last desig- nated by resolution of the Board for the use of persons commissioned by the Board to act as Special Police Officers. Such badge shall have enameled on the face thereof “Special” in addition to any other words or device and shall so differ in shape and design from the official police officer’s badge as to be, when displayed or worn, readily distinguishable therefrom. All such badges shall be consecutively numbered and the number shall appear on the face of each such badge.

(5) “Regular Police Officers” shall mean all regular police officer members of the Police Department of this city appointed under civil service rules and regulations and duly commissioned and sworn in as provided by law to perform the duties as peace officers and not retired from active duty, suspended or discharged; under whatever designation they may be elsewhere described.

(6) “Civilian Employee” shall mean all civilian employees of the Police Department of this City appointed under civil service rules and regulations, other than regular police officer members. (Added by Ord. No. 112,577, Eff. 2/12/59.)

(7) “Civilian Badge” shall mean a badge to be readily distinguishable from the official police office’s badge. Such badge shall bear on the face thereof the civil service classification of the employee to whom such badge is assigned and shall be of a design approved by the Board. (Added by Ord. No. 112,577, Eff. 2/12/59.)

No Board or member thereof, or officer or employee of the City of Los Angeles shall:

(A) Issue any special Police Officer’s badge, civilian badge or any official police officer’s badge except to persons lawfully entitled thereto under the provisions of this Code. (Amended by Ord. No. 112,577, Eff. 2/12/59.)

(B) Issue to any person whomsoever any honorary police badge or any other badge calculated to indicate that the holder thereof is a member of or connected with the Police Department of the City of Los Angeles, except that special police officers’ badges and official police officers’ badges may be issued to persons lawfully entitled thereto as elsewhere provided in this code. (Amended by Ord. No. 112,577, Eff. 2/12/59.)

(C) Assign, sell, give away or authorize the transfer or use of any badge, the issuance of which is prohibited by this article.

Special Police Officers’ Badges shall be issued by the Chief of Police and only to persons who have secured permits or commissions from the Board of Special Police Officers who have paid all fees required therefor by this code. (Amended by Ord. No. 82,838.)

Application for the issuance of a special police officer’s badge shall be made to the Chief of Police on regulation forms obtained from the Secretary of the Board, which application must contain the following data:

(a) The name and address of the person to whom the badge is to be issued.

(b) The duties of the person who requires the issuance of said badge.

(c) A description, signature and fingerprint of the person to whom the badge is to be issued.

(d) The name and address and signed request of the employer of the applicant showing the necessity for the issuance of said badge.

The Chief of Police may, in the exercise of reasonable discretion refuse to issue any such badge to any person if the Chief of Police deems such person not to be a fit and proper special police officer or if the duties of such person are not such as come within the purview of this article.

It shall be the duty of every person to whom a special police officer’s badge has been issued to furnish and keep on file with the Chief of Police, the true home address of such person.

The Chief of Police shall make a charge of Two Dollars for the issuance of every special police officer’s badge and for every badge issued to replace a lost badge which sum shall be considered as rental for the use of said badge, which shall at all times be and remain the property of this City.

The Chief of Police shall at all times keep a record of all special police officers’ badges issued by the Chief of Police, which record shall, among other things, show the name and present address of the person to whom the same was issued, the serial number of the badge, which shall be stamped on the back of each badge, and the rank or number on the face of said badge.

It shall be the duty of every person having a special police officer’s commission from the Board, or any person performing special police work to have on their person a special police officers badge while performing the duties of a special police officer.

No person shall wear or have in their possession any special police officers badge unless said badge has been regularly issued to such person in accordance with the provisions of this Article.

No person shall wear or have in their possession while performing the duties of a special officer, any badge other than a special police officer’s badge.

Any person acting as a funeral escort officer within the City of Los Angeles shall possess a valid license issued by the County of Los Angeles under the provisions of Section 1253 of Los Angeles County Ordinance No. 5860. (Amended by Ord. No. 154,186, Eff. 8/22/80.)

No person shall perform any duties of a special police officer unless such person shall first secure a special police officer’s badge as provided in this article.

(Amended by Ord. No. 177,374, Eff. 4/9/06.)

No person who is not a Regular Police Officer or Reserve Police Officer shall wear, display or carry an Official Police Officer’s Badge.

It shall be the duty of any person after the person has served their employment with any private patrol or bank, or who has ceased to perform the duties which require the issuance of a special police officer’s badge, to return the special police officer’s badge to the Chief of Police.

Official police officer’s badges shall be issued only by the Board and the same shall be issued only after official action is taken by the Board authorizing the issuance of the same.

(Amended by Ord. No. 175,997, Eff. 7/7/04.)

The Board may issue Official Police Officer Badges to each Regular Police Officer or Reserve Police Officer. Neither the Board nor any other officer or employee of the City shall issue any Official Police Officer’s Badge to any person not a Regular Police Officer or Reserve Police Officer.

(Added by Ord. No. 112,577, Eff. 2/12/59.)

The Board may issue a civilian badge indicating the civil service classification of the person to whom issued when the duties of the civilian employee involve the active enforcement of law, or when the person performs other public duties which, in the judgment of the Board or Chief of Police, are such as to require that the person wear or carry a badge for the purpose of identification.

No person not entitled thereto shall wear, display or carry a civilian badge.

(Amended by Ord. No. 150,115, Eff. 10/20/77. )

A. The Board is hereby authorized, and may delegate the authority to the Department, to issue news media identification cards (hereinafter “cards”) only to those whom the Board or the Department determines to be actual news-gathering representatives of newspapers or publications, news services, radio or television stations maintaining a regular news service or to self-employed reporters and photographers who regularly cover news events at which police and/or fire lines within the City of Los Angeles are established. The exclusive purpose of such cards shall be to enable the bearer thereof to pass through established police and fire lines in order to cover news events occurring behind such lines .

B. Each card shall be issued either for the current calendar year, or for a lesser period and shall bear upon its face:

1. The words “News Media” imprinted in bold letters.

2. A distinct number.

3. The name of the newspaper, news service, radio or television station, or the name of the self-employed reporter or photographer represented.

• 4. A photograph of the holder.
• 5. The right index fingerprint of the holder.
• 6. The signature of the holder.
• 7. The signature of the Chief of Police.
• 8. The year of issuance imprinted in bold numbers.
• 9. The age, weight, height, color of hair, and color of eyes of the holder.

C. No card shall be issued until application shall have been made to the Board or the Department (if the Board has delegated authority to the Department). An applicant may be required to furnish the following information:

• 1. The name, residence address, and residence telephone number of the applicant.
• 2. The age, weight, height, color of hair and color of eyes of the applicant.
• 3. The date of the application.
• 4. The reason for the issuance of said card.

5. If the applicant represents a newspaper, news service, radio or television station, the name, address and telephone number of the newspaper, news service, radio or television station represented.

6. If the applicant represents a newspaper, news service, radio or television station, the exact employment relationship between the applicant and the newspaper, publication, news service with the verification of the same and of the fact that the applicant is an actual news-gathering representative thereof by the manager of said newspaper, publication, news service, radio or television station.

7. If the applicant is a self-employed reporter or photographer, the past experience and demonstrated need of the applicant to cover on a regular basis news events at which police and/or fire lines are established.

D. Each applicant shall be cleared through the Records and Identification Division, and a space on the application shall be provided for the notation of such clearance. The application shall also contain a space for written approval, or disapproval, by the Chief of Police and the reasons therefor.

E. If any applicant is denied a card by the Department, the applicant may appeal such denial to the Board, which shall promptly review the reasons for such denial and issue a decision either affirming or overruling the Department.

F. Temporary cards, the duration of which shall last no more than one month, may be issued to news media representatives who do not qualify under Section A hereof.

G. Appropriate guidelines interpreting the implementation of this ordinance shall be approved by the Board. Said guidelines shall be made available upon request to all applicants for cards.

H. The fee for issuance of a card shall be $144.00; provided, however, that no fee shall be charged for the reissuance of such card. (Amended by Ord. No. 188,897, Eff. 5/4/26.)

(Amended by Ord. No. 150,115, Eff. 10/20/77.)

A. The Board, or the Department (if the Board has delegated authority to issue cards to the Department) may, in the exercise of its reasonable discretion, limit the number of cards to be issued, and may also refuse to issue a card to any applicant. Any applicant who is refused a card by the Chief of Police may appeal to the Board in accordance with Section 52.16 E. hereof.

(Amended by Ord. No. 150,115, Eff. 10/20/77.)

A. The Board, or the Department (if the Board has delegated authority to the Department) may revoke a card after it has determined that the holder thereof has resisted officers in the discharge of their duties, delayed or obstructed officers conducting an investigation, has interfered with firefighters at a fire, endangered the preservation of public order and safety where police and/or fire lines have been established, or no longer has the qualifications necessary for the issuance of a card. Any such revocation of a card by the Department may be appealed to the Board in accordance with Section 52.16 E. hereof.

(Amended by Ord. No. 150,115, Eff. 10/20/77.)

A. The Board or the Department (if the Board has delegated authority to the Department) shall at all times maintain a correct current list of the names, addresses and employers (if any) of the bearers of all cards which have been issued pursuant to Section 52.16 A.

B. Each person to whom a card has been issued shall, within five days, notify the Board in writing as to each and every change of the person’s residence address or employer.

The holder of a card who no longer covers, on a regular or on-call basis. news events at which police and/or fire lines are established, or whose card has been revoked, shall return such card to the Board within ten (10) days of such occurrence. (Amended by Ord. No. 150,115, Eff. 10/20/77.)

No department of the City Government shall use a design or insignia for an official badge for said department identical with or similar to an official police officer’s badge or civilian badge, or special police officer’s badge. (Amended by Ord. No. 112,577, Eff. 2/12/59.)

(Title Amended by Ord. No. 139,522, Eff. 12/21/69.)

A. The Board shall at all times keep a record of all badges issued by the said Board, which record shall show, among other things, the name and present residence address of the person to whom each badge was issued and the rank and number on the face of said badge.

B. The Board shall, at all times, keep a record of all news media identification cards issued by the said Board, which record shall show, among other things, the name and present residence address of each person to whom such a card was issued, the name and address of the newspaper, news service, radio or television station represented, and the consecutive serial number of each card. (Amended by Ord. No. 139,522, Eff. 12/21/69. )

(Amended by Ord. No. 112,577, Eff. 2/12/59.)

A. No person shall manufacture, make, sell, design, or transfer any official police officer’s badge, civilian badge, or special police officer’s badge without the written authorization of the Board therefor; such person may deliver such badges only to the Board, and may manufacture only the number of badges authorized by the Board. Nothing in this section shall be construed as affecting the manner in which contracts for the purchases of badges by the City shall be let, as provided in Section 380 of the Charter. (Amended by Ord. No. 173,276, Eff. 6/25/00, Oper. 7/1/00.)

B. No person shall manufacture, make, sell, design or transfer any badge, star, shield, miniature, ring, charm or insignia, regardless of size, shape or design, which has on it the words “Los Angeles Police” or “Los Angeles Detective,” whether used separately, together, or in a combination with any other words indicating a connection with the Los Angeles Police Department, or which is identical in design with or which resembles or may be mistaken for, the design of the official police officer’s badge, civilian badge, or special police officer’s badge, except as provided for in subsection A. hereof.

The Police Badge Revolving Fund heretofore established shall be at all times administered by the Chief of Police. The payment for any and all police officers’ badges or civilian badges shall be turned into this fund. Said fund shall be used for the manufacture, replating and repairing of badges of any and all types, sizes and designs heretofore or hereafter approved and issued by the Board or the Chief of Police, irrespective of whether the same are special police officers’ badges, civilian badges, or official police officers’ badges. (Amended by Ord. No. 112,577, Eff. 2/12/59.)

All official police officers’ badges, civilian badges, and news media identification cards shall be the property of the City of Los Angeles, and shall at no time become the personal property of any individual. When any person shall sever their connection with the Police Department, or shall retire on pension, it shall be the person’s duty to return their official police officer’s badge or civilian badge to the Board. When any person shall sever their connection with a newspaper, publication, news service, television or radio station, it shall be the person’s duty to return their news media identification card to the Board. (Amended by Ord. No. 139,522, Eff. 12/21/69.)

(Amended by Ord. No. 139,522, Eff.12/21/69.)

The Board shall appoint an officer of the Police Department to be the custodian of all badges and news media identification cards, and no official police officer’s badge, special police officer’s badge, civilian badge or news media identification card shall be issued to any person except by the custodian, who shall make a complete record of all badges and all news media identification cards so distributed, and shall distribute the same only as prescribed in this article.

The said custodian shall be responsible for the delivery of said badges and news media identification cards, and it shall be the custodian’s duty to recall any and all badges of persons who have severed their connections with the Police Department or who have retired on pension.

It shall be the custodian’s further duty to recall any and an news media identification cards of persons who have given up their positions as news-gathering representatives of newspapers, publications, news services, radio or television stations.

It shall be the custodian’s further duty to recall any and all special police officers’ badges from any person who have ceased to perform the duties of special police officers.

(Title Amended by Ord. No. 139,522, Eff. 12/21/69.)

A. No person shall have in their 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 the person according to the provisions of this article. No person shall possess any such card or badge after their 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 their 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 the person 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)

(a) Notwithstanding any other provisions of this article, any person who has been, during their 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 them or otherwise lawfully acquired by them during their service or incident to their 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. 181,594, Eff. 4/10/11.) Pursuant to California Penal Code Section 538d, Subsection (d), the Board of Police Commissioners is authorized to issue a badge to any regular sworn police officer who is honorably retired, which that retired officer may carry. The badge shall be especially adopted or approved for this specific purpose by the Board.

1. The badge shall contain the words “Honorably Retired”, clearly visible 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 Board, any Retired Officer’s Badge previously issued to that person shall be returned to the Board.

3. The Board is authorized to revoke a badge issued pursuant to this Section in the event of misuse or abuse.

(c) Any honorary badge or other badge lawfully acquired indicating that the bearer occupied public office in the City, upon which appears the bearer’s name and which plainly shows the word “RETIRED” may be retained if lawfully acquired prior to June 10, 1940, by any person who prior to that date held any of the following offices in the government of this City:

• 1. Mayor,
• 2. Secretary to the Mayor,
• 3. Commissioner of any Board,
• 4. Secretary to any Board,
• 5. Secretary to the Chief of Police,
• 6. Councilmember,
• 7. Any other elective office,
• 8. Managing officer of any department.

(d) Nothing in this section shall be deemed to authorize the use of any badge herein mentioned for any unlawful purpose and any such badge so used may be confiscated by the Board.

(e) Any badge mentioned in this section shall be subject to confiscation by the Board if worn or displayed by any person other than the true owner, and shall be returned to the true owner only upon a showing that such use was without consent, express or implied.

(Added and Former Sec. 52.27.2 Renumbered as Sec. 52.27.4 by Ord. No. 177,374, Eff. 4/9/06.)

(a) The Chief of Police is hereby authorized to issue an honorary badge to any reserve officer, who has honorably separated after serving the Department for at least 20 years, or has been forced to separate because of a service-connected injury. The badge shall be especially adopted or approved for this specific purpose by the Board. The badge shall plainly show the words “RETIRED”, engraved or embossed on the badge. Any badge so adopted shall be known as the “Former Reserve Officer’s Badge”.

(b) Upon the return of a separated reserve officer to active duty or upon demand of the Chief of Police, any “Former Reserve Officer’s Badge” previously issued to that person shall be returned to the Chief of Police.

(Added by Ord. No. 175,997, Eff. 7/7/04.)

(a) Notwithstanding any other provisions of this article, a Regular Police Officer or Reserve Police Officer may purchase and retain any badge lawfully issued to the officer upon promotion to a different rank, provided that upon purchase, the Board shall cause such badges to be encased, which will effectively preclude the improper use of such badges.

(b) No person shall remove from the encasement, any badge obtained under this section, or wear such a badge or display it, except while it is within the encasement. Any badge removed, worn or displayed in violation of this subsection shall be subject to confiscation by the Board.

(c) Upon demand of the Chief of Police, any badge obtained under this section shall be returned to the Chief of Police.

(Amended by Ord. No. 170,055, Eff. 11/13/94; Renumbered from Former Sec. 52.27.2 by Ord. No. 177,374, Eff. 4/9/06.)

(a) Notwithstanding any other provision of this Code, the Board of Police Commissioners may:

1. Cause the officer’s badge and number to be retired from active service and use.

2. Cause the badge, or a similar badge, to be presented to the deceased officer’s surviving spouse of surviving member(s) of the officer’s immediate family, as a memorial honoring the officer.

3. Cause the officer’s City-issued equipment, including an officer’s duty weapon, shooting medals, cap piece, handcuffs, call box key and buttons, to also be included at the City’s expense in the memorial which is presented to the deceased officer’s surviving spouse or surviving member(s) of the officer’s immediate family.

A. Prior to the presentation, the Board shall cause the badge and other City-issued equipment to be affixed permanently to a plaque or within a frame, which will effectively preclude improper use of the badge or other City-issued equipment, with a statement clearly visible showing the officer’s death in the line of duty.

B. No person shall remove from the plaque or frame any badge or other City-issued equipment presented under this section, or wear such a badge, or display it, except while it is attached to the plaque or within the frame, with the above described statement clearly visible. Any badge or other City-issued equipment removed, worn or displayed in violation of this subsection shall be subject to confiscation by the Board.

(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.

The Board shall have the power and authority to adopt and prescribe, by resolution, the uniform to be worn by all special officers, bank guards, and funeral escorts, if any uniform is worn, while performing the duties of a special police officer. The uniform so prescribed for any such class of special officer may, but need not be the same as the uniform so prescribed for the other such class, or classes of special officers.

The Board is hereby authorized and directed to issue to each and every regular Police Officer of this City a numbered identification card which shall bear the printed name, serial number, signature, photograph and right index fingerprint of each such Regular Police Officer. Each such card shall bear the signature of the Chief of Police, or the Chief’s duly appointed deputy, in office at the time of issuance of such identification card. Each identification card shall state thereon that the holder thereof is a police officer of this City.

Neither the Board, the Chief of Police nor any other person shall issue a Police Identification Card as provided for in this Section to any person other than a Regular Police Officer. An honorably retired police officer shall return their identification card to the Department and a new card which has the preprinted word “RETIRED” across the face of the card will be issued to the officer, provided however that possession of such card shall be a privilege only, and the card shall be surrendered to the Chief of Police upon demand. In any event, the Department shall issue to honorably retired police officers identification certificates which carry endorsement and other requirements set forth in Penal Code Section 12027(a) and the Department shall implement any review by said Penal Code section. (Amended by Ord. No. 161,876, Eff. 1/23/87.)

No person other than a Regular or Retired Police Officer shall have in their possession any Identification Card issued to, or intended to be issued to, or purporting to have been issued to a Regular or Retired Police Officer of the City of Los Angeles, provided, however, that an honorably Retired Police Officer may possess an Identification Card which has the printed word “RETIRED” across the face of said card. (Amended by Ord. No. 161,876, Eff. 1/23/87.)

No person shall print or issue or have in their possession any identification card similar to the identification card mentioned in Section 52.29 of this Code, or any identification card stating that the person whose name appears thereon is a police officer or sworn officer of this City.

(Amended by Ord. No. 172,692, Eff. 8/8/99.)

(a) Uniform Departmental Badge. “Uniform departmental Badge” shall mean a badge, to be readily distinguishable from the official police officer’s badge, of a design selected by the Purchasing Agent and approved by the Council for the use of departments of this City other than the Police Department, the Fire Department and the Office of the City Attorney.

(b) Badges Issued to Other Than Elected Officials and Members of Boards and Commissions. The provisions of this subdivision apply to the issuance of uniform departmental badges to other than elected officials and members of boards and commissions:

1. Except as authorized in the appropriate departmental personnel ordinance, no uniform departmental badge shall be issued to, or be carried, worn or displayed by any person employed by any department whose funds are under the control of the City Council. The respective boards of departments given control of their own funds by the Charter may designate the officers and employees entitled to use badges under the restrictions set forth in this subsection.

2. No uniform departmental badge shall be issued to or be used, worn or carried by any person unless the person’s duties involve the active enforcement of law, or unless the person performs other public duties which, in the judgment of the board or officer in control of the department or office are such as to require that such person wear or carry a badge for purposes of identification.

3. Uniform departmental badges shall be issued only by the managing officers of the respective departments or offices. Such badges shall be consecutively numbered in each department or office. The managing officer of each department or office shall keep records showing the number of each badge, the date of its issuance, and the name and residence address of the person to whom issued. Each badge shall remain the property of the City and must be returned to the managing officer at the conclusion of the holder’s service or upon the holder being assigned duties not requiring the use of the badge.

4. Each officer or employee to whom a badge is issued must reimburse the City for the cost thereof if the badge is lost or destroyed through that officer’s or employee’s negligence, or if the badge is not turned in to the managing officer at the termination of employment.

5. Issuance of identification disks is authorized and any City employee may, by order of the respective officers or boards in control of their departments or offices, be permitted or required while performing their duties to wear identification disks devoid of ornamentation and containing only plain stamped letters and figures calculated to identify the wearer of the wearer’s position. Such disks must be no more than two inches in diameter.

6. When the holder of any badge, the use of which is authorized under this subsection, is honorably retired, the same or another badge may be reissued to the retiree, provided there is permanently affixed thereto or engraved or embossed thereon, at the retiree’s expense, the word “RETIRED” and figures showing the retiree’s term of service. Such badge holder must reimburse the City for the cost of the badge.

(c) Badges Issued to Elected Officials and Members of Boards and Commissions. (Amended by Ord. No. 176,102, Eff. 8/23/04.) The provisions of this subsection shall apply to elected officials and to members of the Board of Police Commissioners, Board of Fire Commissioners, Board of Airport Commissioners, Board of Harbor Commissioners, and Board of Water and Power Commissioners. Members of all other boards and commissions shall not be issued badges.

1. The City Clerk shall be responsible for purchasing, issuing and record-keeping related to badges issued to elected officials and members of City boards and commissions. The City Clerk shall utilize such forms and procedures as deemed necessary and appropriate to satisfy the responsibilities assigned to that Office under this subsection.

2. The City Clerk shall issue badges to the incumbent in each of the following City offices: Mayor, City Attorney, City Controller, and Member of the City Council. When any such elected official leaves office the same or another badge may be reissued to the official, provided there is permanently affixed thereto or engraved or embossed thereon the word “RETIRED” and figures showing the official’s term of service.

3. Requests from boards or commissions for the issuance of badges shall be submitted to the City Clerk for referral to the appropriate Council Committee for review and recommendation to the full Council. Upon Council approval, the individual in question shall be issued a badge. However before the issuance of the badge, the person being issued the badge shall be required to read a document which sets forth the terms and conditions imposed on the issuance of said badge, and shall sign that document acknowledging the receipt of the badge and the reading of the terms and conditions. The terms and conditions shall include, but not be limited to, the following:

a. The badge is the property of the City of Los Angeles;

b. Upon leaving the board or commission, the badge shall be collected and forwarded to the City Clerk, who, upon request from the board or commission, shall reissue the same or another badge to the departing commissioner, provided the badge is permanently encased in plexiglass or other substance more than twice its size and from which it cannot be removed, the badge is engraved or embossed with the word “RETIRED” and figures showing the departing commissioner’s term of service, and, it conforms to any additional control measures and mechanisms to prevent misuse as instituted by the City Clerk; the recipient of such badge shall reimburse the City for the cost of the badge;

c. Loss of the badge shall be reported immediately to the City Clerk in writing, with replacement at the expense of the person to whom the badge was issued;

d. The badge may be used only during activities related to the responsibilities of the board or commission.

(d) Unauthorized Badges – City Officers and Employees. No officer or employee of this City shall wear, carry or use, within or under color of the performance of their official duties, any badge which the officer or employee is not expressly authorized to use by this Code. All unauthorized badges must be returned to the managing officers of the respective departments or offices.

(e) Persons Other Than City Officers and Employees. No person other than a City officer or employee shall wear, carry or use any badge or other insignia of office or employment in the government of this City, or any badge, identification card or insignia which is calculated to indicate that the holder is an officer or employee of this City, provided, however, that this provision shall not apply if the possession and use of such badge, card or insignia is expressly permitted by ordinance.

The port warden and special officers of the Harbor Department of the City of Los Angeles are hereby duly appointed and designated as peace officers for the purpose of carrying concealed upon their person or concealed within any vehicle which is under their control or direction any pistol, revolver or other firearm capable of being concealed upon the person while such port warden or special officers are in the City of Los Angeles and while they are engaged in the performance of the duties of their respective employments. (Added by Ord. No. 140,142, Eff. 5/15/70.)

(Amended by Ord. No. 170,143, Eff. 1/6/95.)

(a) Uniform City Attorney Badge. “Uniform City Attorney Badge” shall mean a badge, to be readily distinguished from the official police officers badge, of a design selected by the Purchasing Agent and approved by the City Attorney.

(b) Issuance Restricted. No uniform City Attorney badge shall be issued to or be used, worn or carried by any person, unless the employee’s duties involve the active enforcement of law, or unless the employee performs other public duties which, in the judgment of the City Attorney are such as to require that the employee wear or carry a badge for purposes of identification.

(c) Managing Officers – Issuance and Records of Badges. Uniform City Attorney badges shall be issued only by the City Attorney. Such badges shall be consecutively numbered. The City Attorney shall keep records showing the number of each badge, the date of its issuance, and the name and residence address of the person to whom issued. Each badge shall remain the property of the City and must be returned to the City Attorney at the conclusion of the holder’s service or upon the holder being assigned duties not requiring the use of the badge.

(d) Reimbursement Required. Each employee to whom a badge is issued must reimburse the City for the cost thereof if the badge be lost or destroyed through the employee’s negligence, or if the badge be not turned in to the City Attorney at the termination of employment.

(e) Retired Officers and Employees. When the holder of any badge, the use of which is authorized under this section, is honorably retired, the same or another badge may be reissued to the retiree, provided there be permanently affixed thereto to engraved or embossed thereon, at the holder’s expense, the word “RETIRED” and figures showing the retiree’s term of service. The retiree must reimburse the City for the cost of the badge.

(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.

(c) Release of information obtained from sources other than the statement required to be filed by Section 52.38 to 52.43 inclusive, of this code, shall not be deemed to be in violation of Section 52.42 thereof.

(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.)

No person shall willfully, and in a manner not otherwise prohibited by Penal Code Section 597, tease, harass, agitate, provoke, beat, kick, strike, injure, or in any way interfere with, any dog, horse or any other animal being used by any law enforcement officer in the performance of the officer’s official duties. (Added by Ord. No. 157,283, Eff. 1/7/83.)

Persons owning, conducting, managing or operating any building, place or premises other than a private garage, wherein any motor vehicle is parked or stored by or for the public, shall make a written report to the Chief of Police of each motor vehicle not the property of such person, which shall have been parked or stored in such building, place or premises for a period of seventy-two (72 hours continuously. Said written report shall be filed with the police department, within twenty-four 24 hours from and after the expiration of said seventy-two (72) hours, and contain:

(a) The name of the person making such report;

(b) The address of the building, place or premises where such motor vehicle shall have been parked or stored for such seventy-two (72) hour period;

(c) The name and address of the registered owner of such motor vehicle as shown on the certificate of registration issued by the Division of Motor Vehicles of the State of California, or if there be no such certificate of registration in or on such vehicle, such fact shall be stated;

(d) A brief description of such motor vehicle, including the name or make, the motor number and license number thereof as shown by the number plates thereon, together with the name of the state issuing such license plates.

(Amended by Ord. No. 151,354, Eff. 9/16/78)

(a) For purposes of this section:

1. “Unclaimed property” shall mean any and all property of others in the possession of the Police Department and for which no claim or demand has been made nor owner found.

2. The Property Division of the Police Department is designated as the “stores agency” for purposes of retention, sale or destruction of unclaimed property.

(b) (Amended by Ord. No. 166,322, Eff. 11/22/90.) Unclaimed property shall be held by the Police Department for a period of at least three months before further disposition as herein provided, provided however that bicycles may be disposed of as set forth in Subsection (c). The Police Department is hereby authorized to thereafter cause such unclaimed property to be processed for public sale, retention or destruction as hereinafter provided:

1. The property may be sold at public auction to the highest bidder upon notice of sale given by the Chief of Police at least five days before the time fixed therefor by publication at least once in a newspaper of general circulation in the County of Los Angeles; or that such property is needed and is suitable for public use, it need not be sold. The stores agency may retain the property for use of the Police Department in accordance with Civil Code Section 2080.4 and approved procedures for regulation and use thereof. The procedures shall include a determination by the Department, before the property is placed into service, that

A. expenditures required for its installation, operation, repair and ongoing maintenance will not require further funding approval, or

B. placing the property into service will preclude the need for acquisition of the same or similar property previously approved during the City’s budget process.

Identification of all such property retained shall be submitted with the Department’s next annual budget request.

2. In the event such unclaimed property is neither sold nor retained as above-provided, the stores agency may cause it to be summarily destroyed if it is in a dilapidated, deteriorated, or unsafe condition, or the possession thereof by the public is unlawful.

(c) Unclaimed bicycles may be disposed of in accordance with Subsection (b) or, if the bicycle has a value less than $500 and remains unclaimed for a period of at least 90 days, may be transferred pursuant to Welfare and Institutions Code Section 217 to governmental and nonprofit organizations described in said code section for use in programs or activities designed to prevent juvenile delinquency. Before transfer to a governmental or nonprofit organization, the property owner, if known or reasonably can be ascertained, shall be notified as described in said code. (Amended by Ord. No. 185,206, Eff. 11/22/17.)