Chapter 2.50 LAW ENFORCEMENT

Cross references: Administration, Title 2; civil emergencies, Ch. 2.30; human resources, Chs. 2.40 and 2.45; offenses and miscellaneous provisions, Title 9; traffic and vehicles, Title 10.

Article I. State Aid for Peace Officers

2.50.010 Intent.

The city declares that it desires to qualify to receive aid from the state under the provisions of Penal Code § 13522.

(Code 1965, § 2600; Code 2002, § 54-31. Ord. No. 520; Ord. No. 89-2)

2.50.020 Adherence to state standards for peace officer recruitment and training.

Pursuant to Penal Code § 13510(c), the city will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training (POST).

(Code 1965, § 2601; Code 2002, § 54-32. Ord. No. 520; Ord. No. 89-2)

2.50.030 Adherence to state standards for selection and training of police dispatchers.

Pursuant to Penal Code § 13512, the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain the city’s public safety dispatcher personnel adhere to standards for selection and training established by the Commission on Peace Officer Standards and Training.

(Code 1965, § 2602; Code 2002, § 54-33. Ord. No. 89-2)

Article II. Lost, Stolen, or Unclaimed Property in Possession of Police Department

2.50.040 Property subject to article; delivery to Chief of Police; record.

All property or money taken from persons under arrest, or taken under suspicion, or with the knowledge of it being stolen or feloniously obtained, and all property or money constituting evidence or proceeds of crime, or taken from intoxicated or insane persons or other persons incapable of taking care of themselves, and all property or money lost or abandoned that may come into the possession of any member of the Police Department shall be delivered to the Chief of Police, who shall enter or cause to be entered, in a record to be kept by him for that purpose, detailed description of same, together with the name of the person or persons from whom received, the names of any claimants thereto, the time of the seizure, and final disposition thereof.

(Code 1965, § 4600; Code 2002, § 54-61. Ord. No. 680)

2.50.050 Release of property to owner.

Any person arrested, when adjudged innocent of the offense charged by a court of competent jurisdiction, which shall adjudge that property or money belongs to such person, the Chief of Police shall thereupon deliver such property or money to him personally, not to his attorney or agent, and take his receipt therefor. If the accused be held for trial or examination, such money or property shall remain in the custody of the police until the discharge or conviction of the person accused, unless prior thereto he has delivered the same to the state or county officer as provided by law.

(Code 1965, § 4601; Code 2002, § 54-62. Ord. No. 680)

2.50.060 Auction sale of unclaimed property.

The Chief of Police, or such person as shall be designated by him, may sell at public auction all unclaimed property that has been in custody for a period of six months, except bicycles, as provided for by state law, shall be held for three months. He shall fix a day upon which said sale shall take place and shall give notice thereof for publication at least five days prior to date of sale in the official newspaper. Said notice shall state the day and hour when such sale shall commence and shall contain a general description of the property to be sold or shall refer to a list thereof on file with the Chief of Police. Said notice shall be signed by the Chief of Police. Proceeds of such sale, together with all monies unclaimed for a period of six months, shall be paid into the city treasury. In no case shall any property be sold or disposed of until the necessity for the use thereof as evidence has ceased.

(Code 1965, § 4602; Code 2002, § 54-63. Ord. No. 680)

2.50.070 Disposition of unclaimed property.

(a) Any unclaimed property not governed by statute, after being held 90 days from the date the owner was notified by letter to claim the property, shall be auctioned, destroyed, maintained for departmental use, or donated to a nonprofit organization.

(b) Unclaimed property not suitable for auction, property for which no bids were received at the public auction, perishable goods, property which is dangerous in itself, and property which is contrary to the public policy for the Chief of Police to retain shall be disposed of in the manner that the Chief of Police, in the public interest, may determine. This shall not apply to property subject to confiscation or disposition under state or federal law.

(c) Toys and bicycles which have been unclaimed for a period of three months, instead of being sold at public auction, may be turned over to the county Probation Department or their representative for use in any program in accordance with Welfare and Institutions Code § 516.

(Code 1965, § 4603; Code 2002, § 54-64. Ord. No. 680; Ord. No. 88-12)

2.50.080 Disposition of unclaimed firearms.

Any unclaimed pistol, revolver, or other firearm capable of being carried upon the person which has been unclaimed and stored by the Chief of Police pursuant to section 2.50.060 shall be disposed of in the manner that the Chief of Police, in the public interest, may determine.

(Code 1965, § 4604; Code 2002, § 54-65. Ord. No. 680)

Article III. Rewards

2.50.090 Purpose.

The City Council finds that there have been and are a variety of crimes that are committed in the city that are difficult to investigate and obtain sufficient evidence to apprehend and convict the responsible person without the cooperation of knowledgeable witnesses, and that it would be in the best public interest for the protection and safety of persons and property within the city that there be a procedure for giving rewards to persons who furnish information that leads to the arrest and/or conviction of persons charged with crimes.

(Code 1965, § 4920; Code 2002, § 54-91. Ord. No. 1122)

2.50.100 Offer of reward by resolution.

Specific authorization for offering a reward shall be by resolution of the City Council. Such resolution will incorporate by reference the provisions of this article, set forth the amount of reward, the crime to which it applies, and terms and conditions in addition to those contained herein that will apply to a specific reward.

(Code 1965, § 4921; Code 2002, § 54-92. Ord. No. 1122)

2.50.110 Filing of claim.

Any person claiming a reward for information leading to the arrest and conviction of a person charged with a crime must, within ten days of furnishing such information, complete and file with the Police Department a “Claim for Reward.” Such claim form shall be provided by the Police Department and shall be in the following form:

CLAIM FOR REWARD

I __________, address ________________, hereby claim reward in the amount of ________ for information that I have voluntarily furnished to the Concord Police Department. This claim is made in accordance with chapter 2.50 of the Concord Municipal Code and Resolution No. ________ of the Concord City Council, a copy which I have received.

That I will cooperate with the Concord Police Department and the Contra Costa County District Attorney to the extent of furnishing information and testifying at any hearing or trial.

I recognize that the reward is limited to the amount set forth in the resolution and that other persons may claim this reward. In the event there is any dispute as to my entitlement to receive the reward or the amount, I agree to having this claim determined by the City Manager as set forth in section 2.50.140 of the Municipal Code.

I understand that payment of the reward is conditional upon the information/testimony that I furnished being of a type and nature that would lead to arrest and/or conviction.

There has been no other offer or promise to me except as contained in the described resolution.

Dated: _________

Signed: ________________

(Code 1965, § 4922; Code 2002, § 54-93. Ord. No. 1122)

2.50.120 Time of payment.

Rewards as provided herein shall not be paid until a criminal case is closed by sentencing of the defendant, judgment of acquittal, dismissal of charges, or the expiration of five years from the date the information was furnished.

(Code 1965, § 4923; Code 2002, § 54-94. Ord. No. 1122)

2.50.130 Anonymity of informant.

Upon request of the Chief of Police and a finding by the City Council that it is in the best interest, the name of the claimant for a reward may be confidential information and kept anonymous.

(Code 1965, § 4924; Code 2002, § 54-95. Ord. No. 1122)

2.50.140 Decision by City Manager regarding qualification to receive reward.

The determination as to whether an individual(s) is qualified to receive a reward and the amount(s), and the persons who shall receive such a reward or proportion thereof, shall be subject to the sole discretion and approval of the City Manager after report and recommendation of the Chief of Police. The decision of the City Manager shall be final and without appeal to the City Council.

(Code 1965, § 4925; Code 2002, § 54-96. Ord. No. 1122)

Article IV. Police and Fire Department Services at Special Events

2.50.150 General.

In any instance in which a special event or occurrence, such as but not limited to the premiere of a motion picture, the opening of a new store, a new building, a bazaar, a wedding, a sports or athletic event, a carnival, a circus, or any gathering which may attract a large number of people or which for some reason may be, or become, a hazard to the public peace, health, safety, or general welfare unless attended or supervised by the Chief of Police or the Contra Costa County Consolidated Fire District, as the case may be, or personnel under their respective commands, or in any instance where a person, firm, or corporation desires special public safety services over and above the normal services provided by the Police Department or the Contra Costa County Consolidated Fire District, such services, if approved by the Chief of Police or the Contra Costa County Consolidated Fire District, as the case may be, may be provided at the expense of the applicant or person in charge of such event under the following conditions:

(1) The Chief of Police or the Contra Costa County Consolidated Fire District, as the case may be, shall notify the person in charge of such event of the necessity of having in attendance at such event, as the case may be, police officers or firemen, and the required number of each;

(2) A. The person, firm, organization, or corporation in charge of such event and so required to or desiring to employ the services of the city’s police or district’s fire personnel to be in attendance there at shall file a request for such services with the Chief of Police or the Contra Costa County Consolidated Fire District, as the case may be, stating the nature of the event, the approximate number of police officers or firemen requested to be in attendance, and the approximate length of time such services are required or are desired, and execute a written agreement to pay the city and/or district for such special services as provided elsewhere herein;

b. The Chief of Police or the Contra Costa County Consolidated Fire District, as the case may be, may approve or deny such request or increase or decrease the number of personnel assigned for such special security assignment;

(3) When assigned for duty on such special security assignment, police officers or firemen, as the case may be, shall be deemed to be on regular duty under the general supervision of the Chief of Police or the Contra Costa County Consolidated Fire District and any officer in charge under their respective commands and shall be entitled to any and all benefits provided by law for such personnel as members of the Police Department or Contra Costa County Consolidated Fire District, except that the rate of pay for such special security services shall be set forth herein. The pay for each employee thus employed during such employment shall be at the police officer’s or fireman’s regular hourly pay rate with a four-hour minimum. The Chief of Police shall report to the Finance Director the name of the person, firm, organization, or corporation requesting or requiring the services of police officers, the names of the employees so employed, and the number of hours of employment of each. The Director of Finance shall thereupon bill the person, firm, or corporation employing such personnel for the amount paid to each, plus a reasonable sum as determined by the Director of Finance to cover workers’ compensation charges and other administration costs. Any failure of said person, firm, or corporation billed for services of such personnel to make payment therefor shall constitute a debt due solely to the city. The payment for services of firemen shall be arranged with the Contra Costa County Consolidated Fire District.

(Code 1965, § 3800; Code 2002, § 54-121. Ord. No. 747)

2.50.160 Charge for police officers at event conducted by public agency.

Notwithstanding the provisions of section 2.50.150(3), providing that the charge for a police officer employed on special security services shall be at the police officer’s regular hourly pay rate with a four-hour minimum, when the services of a police officer are required at any special event or occurrence conducted by, or under the direct supervision of, any public agency or governmental district, the said four-hour minimum rate shall not apply and the pay for such police officer shall be computed on the basis of hours actually worked.

(Code 1965, § 3801; Code 2002, § 54-122. Ord. No. 757)

Article V. Police Towing Services

2.50.170 Declaration of purpose.

The City Council finds that it is in the best public interest to:

(1) Provide the Police Department with an expeditious means for moving damaged and disabled vehicles from the streets and highways of the city and for removing abandoned vehicles, illegally parked vehicles, and those vehicles which must be removed for safekeeping or other lawful reasons.

(2) Provide a dependable towing service to the public through the establishment of a rotation towing system with minimum standards for city-related vehicle towing services.

(Code 1965, § 3330; Code 2002, § 54-151. Ord. No. 86-20)

2.50.180 Unlawful solicitation.

It shall be unlawful for any tow operator, his agent, or employee to solicit any tow job under this article at the scene of an accident without having first been called by the owner or operator of the disabled vehicle or by the Concord Police Department.

(Code 1965, § 3331; Code 2002, § 54-152. Ord. No. 86-20)

2.50.190 Adoption of rules and regulations.

The City Council, by resolution, shall promulgate rules and regulations describing the duties and procedures to be complied with by towing service operators providing city-related towing services pursuant to this article. Such rules and regulations and amendments, upon being filed with the City Clerk, shall constitute enforceable provisions of this article and shall be subject to the penalty provided therein. Violations of the rules and regulations adopted pursuant to this section shall be punishable in accordance with section 1.05.230 of this Code.

(Code 1965, § 3332; Code 2002, § 54-153. Ord. No. 17; Ord. No. 86-20; Ord. No. 92-17)

2.50.200 Indemnification of city.

Any towing service operator selected to participate in the police towing services program shall indemnify, defend, and hold harmless the city against and from any and all claims or suits for damages or injury arising from the operator’s performance pursuant to this article.

(Code 1965, § 3333; Code 2002, § 54-154. Ord. No. 86-20; Ord. No. 92-17)

2.50.210 Administrative fees; establishment of maximum rates.

(a) Upon filing an application to be placed on the rotation list, the applicant shall deposit the processing, inspection, and administration fees as established by the Resolution Establishing Fees and Charges for Various Municipal Services. Every towing service operator providing towing services pursuant to this article shall be subject to the maximum rates for towing services and the annual fees for vehicle and equipment inspections, background investigations, and towing program administration as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(b) The City Council shall, upon recommendation from the Chief of Police, determine the maximum chargeable fees and rates for each normal rotation request. These rates shall be set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. The Council shall fix the rates after reviewing the rates allowed in neighboring communities and operating data supplied by operators who have been placed on the rotation list. The fees may be reviewed by Council every two years and may be modified as necessary to comply with this section. For towing services provided under this article, the operator shall charge no more than the rate fixed by the City Council. The operator shall maintain the business records of all rates charged and collected for towing services for a period of four years.

(Code 1965, § 3334; Code 2002, § 54-155. Ord. No. 86-20; Ord. No. 92-17)

Article VI. Private Patrol Services

2.50.220 Definitions.

For purposes of this article, the following words and phrases shall have the meanings ascribed to them as follows:

(1) Private patrol operator. A person who, for any consideration whatsoever, agrees to furnish, or furnishes, a watchman, guard, patrolman, or other person to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, or concealment of any goods, wares, merchandise, money, bonds, stock, notes, documents, or property of any kind, or perform the service of such watchman, guard, patrolman, or other person for any such purposes.

(2) Street patrol operator. A private patrol operator who employs persons to perform the functions listed in subsection (1) by a street patrol service utilizing foot patrol, motor patrol, or other means of transportation in public areas, streets or thoroughfares in order to serve multiple customers.

(3) Armored contract carrier. Such terms do not include an armored contract carrier, which is defined as a contract carrier operating armored vehicles pursuant to the authority of the state Highway Patrol and Public Utilities Commission.

(4) Exception. Such terms do not include any person employed exclusively and regularly by one employer in connection with the affairs of the employer only and where there exists an employer-employee relationship, provided that such person at no time carries or uses any deadly weapon, as the term is defined in Business and Professions Code § 7582.2(a).

(5) Person. An individual, firm, company, association, organization, partnership or corporation.

(Code 1965, § 3160; Code 2002, § 54-181. Ord. No. 00-5)

Cross references: Definitions generally, § 1.05.100.

2.50.230 Registration required.

(a) Each private patrol operator and street patrol operator doing business within the city shall register with the Chief of Police before commencing business within the city. Private patrol operators and street patrol operators already doing business within the city at the time of final passage of the ordinance codified in this article shall register with the Chief of Police within 30 days after the effective date of the ordinance codified in this article. No fee shall be charged for registration.

(b) Each private patrol operator and street patrol operator shall file the following documents at time of registration:

(1) A registration form to be provided by the Chief of Police which shall include the name, business address and business telephone number of the private patrol service or street patrol service being registered; the name, residence address and residence telephone number of the private patrol operator holding the license from the state for such private patrol service; the name, address and telephone number of each establishment within the city served by the private patrol service; and the name, business or residence address, date of birth and state registration card number of all persons employed as private security officers by the private patrol service who regularly work within the city; and

(2) Copies of both the private patrol operator’s or street patrol operator’s state identification card, and private patrol operator’s or street patrol operator’s license issued by the state; and

(3) A copy of the private patrol operator’s or street patrol operator’s city business license.

(c) Each private patrol operator shall submit to the Chief of Police, on a quarterly basis, a report showing the name, address and telephone number of each establishment within the city served by the operator and the name, business or residence address, date of birth, and state registration card number of all private security officers employed by the operator who regularly work within the city. This report is to be used for the sole purpose of enforcing this article. It shall be deemed to be confidential and no access shall be allowed to any person having an interest in a guard company.

(Code 1965, § 3161; Code 2002, § 54-182. Ord. No. 00-5)

2.50.240 Revocation or suspension of registration.

(a) The Chief of Police may revoke or suspend the registration of any company registered pursuant to section 2.50.230 upon a determination that:

(1) The registrant has violated or is violating one or more provisions of this article; or

(2) Grounds exist which would justify denial of an application for registration if such application were then pending; or

(3) The registrant has violated any statute or ordinance related directly to the operation or management of a private patrol business; or

(4) The registrant has been convicted of, or has engaged in, conduct constituting any of the following offenses:

a. Any offense involving gambling specified in Penal Code §§ 319--337.9; or

b. Any felony offense involving the sale of controlled substances specified in Health and Safety Code § 11054, 11055, 11056, or 11058; or

c. Penal Code § 266(i), 315, 316, 318, or 647(b); or

d. Any offense which requires registration as a sex offender under Penal Code § 290; or

e. Any offense in another state, which, if committed in this state, would have been punishable as one or more of the foregoing offenses; or

f. Any offense involving the use of force or violence upon the person of another; or

g. Any offense involving theft, embezzlement, or moral turpitude.

(b) The term of suspension of any registration shall be not more than 60 days.

(c) Registration issued to a person under this article may be revoked or suspended for cause after notice and hearing for any reason set forth in subsection (a) of this section. Such hearing shall be held before the Chief of Police or his designee. The Chief of Police shall advise the owner in writing of the time and place of the hearing at least seven days in advance of such hearing. At the hearing, evidence will be received and the Chief of Police shall render his decision within seven days after the hearing is closed. The decision of the Chief of Police or his designee may be appealed by the registrant as set forth in section 2.50.250 of this Code.

(Code 1965, § 3162; Code 2002, § 54-183. Ord. No. 00-5)

2.50.250 Appeal.

The procedure for appeals of denials of applications for registration shall be as set forth in section 2.05.040 of this Code.

(Code 1965, § 3162; Code 2002, § 54-184. Ord. No. 00-5)

2.50.260 Uniforms and equipment.

(a) The Chief of Police shall have the authority to prescribe or approve the style and type of uniform, including badges, if any, to be used by uniformed employees of a private patrol operator for the purpose of maintaining readily apparent distinction from the uniforms worn by regularly employed police officers of the city.

(b) The Chief of Police shall have the power to prescribe or approve the type or character of identification markings or insignia placed on any motor vehicle used in the operation of a private patrol service.

(Code 1965, § 3163; Code 2002, § 54-185. Ord. No. 00-5)

2.50.270 Reporting of unusual occurrences required.

Whenever a street patrol special officer or a member or employee of a patrol service observes any unusual occurrence, whether on patrol or at any other time, he shall report such occurrence to the Police Department forthwith. The officer, member, or employee shall preserve the scene of occurrence intact and shall allow no moving, disturbance, or other interference with the property, persons, or things affected. Any violation of this section shall be grounds for revocation or suspension of registration.

(Code 1965, § 3164; Code 2002, § 54-186. Ord. No. 00-5)

2.50.280 Scope of authority.

No rights, duties, or privileges granted or permitted under this article shall create, permit, or otherwise vest in any registrant any powers specially reserved to peace officers as defined in the Penal Code of the state as distinguished from private citizens.

(Code 1965, § 3165; Code 2002, § 54-187. Ord. No. 00-5)

2.50.290 Business license required.

Nothing in this article shall be construed to permit any person to act as a private patrol operator or to operate a private patrol service within the city unless such person shall first pay any license tax that may be required by chapter 5.05, of this Code. Nothing herein shall be construed as a waiver of any such license.

(Code 1965, § 3166; Code 2002, § 54-188. Ord. No. 00-5)

2.50.300 Violations; penalties.

A violation of any provision of this article shall be a misdemeanor and shall be punished as provided in section 1.05.230 of this Code.

(Code 1965, § 3167; Code 2002, § 54-189. Ord. No. 00-5)

2.50.310 Complaints by Chief of Police.

The Chief of Police is authorized, empowered, and directed to file or cause to be filed with the Bureau of Consumer’s Affairs of the state a complaint against any private patrol operator or private patrol service or any person employed as a private security officer by a private patrol operator or private patrol service whenever he believes good cause exists therefor. A copy of each such complaint shall be furnished to the private patrol operator involved.

(Code 1965, § 3168; Code 2002, § 54-190. Ord. No. 00-5)