Berkeley Municipal Code Ch. 2.64 Police Department

*For Charter provisions concerning the director of the Police Department, see Charter § 20; for provisions authorizing the council to create City departments, see Charter § 31.

For pension provisions, see Chs. 4.24, 4.28 and 4.32 of this code.

For impersonating officers, see Ch. 13.04 of this code.

For false reports to police, see Ch. 13.08 of this code.

For shooting range responsibilities, see Ch. 13.72 of this code.

A Police Department is created which shall be under the direction of the Chief of Police, subject to the general administrative direction of the City Manager. (Ord. 5964-NS § 1, 1990; Ord. 5434-NS § 2 (part), 1982; Ord. 3069-NS § 9.02, 1949)

The Chief of Police, subject to the approval of the City Manager, shall organize and maintain such divisions in the department as the operations may in their judgment require. (Ord. 5964-NS § 1, 1990; Ord. 5434-NS § 2 (part), 1982; Ord. 3069-NS § 9.02, 1949)

The Chief of Police shall be responsible for the supervision and control of all divisions of the department and for the performance of the functions herein assigned to the department. The Chief of Police shall, subject to the provisions of the City Charter, have all the powers that are now or hereafter may be conferred upon sheriffs by the laws of the state, and shall be entitled to the same protection. (Ord. 5434-NS § 2 (part), 1982; Ord. 3069-NS § 9.03, 1949)

The Chief of Police, subject to the approval of the City Manager, shall have authority to adopt rules and regulations for the administration, discipline, equipment and uniforms of the members and officers of the department, fixing powers and duties and prescribing penalties for violations of any such rules and regulations, and providing for their enforcement. (Ord. 5434-NS § 2 (part), 1982; Ord. 3069-NS § 9.04, 1949)

The functions of the Police Department are:

A. The maintenance of law and order in the City.

B. The enforcement in the City of all laws of the United States and of the State of California, and all ordinances of the City, except when such enforcement is by such law, ordinance or the Charter of the City made the responsibility of another officer or department, or when such enforcement is the responsibility of a state or federal agency or officer.

C. The administration of the City prison and the care, custody and control of prisoners.

D. The management of the parking enforcement function, which shall enforce parking regulations in the City.

E. The operation of the communications center for police, fire and other emergency communications.

F. The performance of such other functions as may be assigned by the City Manager or prescribed by ordinance of the Council or by applicable state law. (Ord. 5964-NS § 1, 1990; Ord. 5434-NS § 2 (part), 1982; Ord. 4940-NS § 1 (part), 1976; Ord. 3350-NS (part), 1953; Ord. 3069-NS § 9.05, 1949)

In the case of absence or disability of the Chief of Police, a member of the Police Department designated by the City Manager shall perform the duties and exercise the powers of the Chief of Police. (Ord. 5434-NS § 2 (part), 1982; Ord. 3069-NS § 9.06, 1949)

The City of Berkeley declares that it desires to qualify to receive aid from the State of California under the provisions of Chapter 1 of Title 4, Part 4 of the California Penal Code. (Ord. 3781-NS § 1, 1960)

Pursuant to Section 13522 of said Chapter 1, the City of Berkeley, while receiving aid from the State of California pursuant to said Chapter 1, will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training. (Ord. 3781-NS § 2, 1960)

All property or money taken from persons under arrest, or taken under suspicion or with knowledge of its having been stolen or feloniously obtained, 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 them for that purpose a detailed description of the 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 the final disposition thereof. (Ord. 2973-NS § 1, 1948)

When any person arrested shall be adjudged innocent of the offense charged by a court of competent jurisdiction, which shall adjudge that the property or money belongs to such person, the Chief of Police shall thereupon deliver such property or money to them personally, and not to their attorney or agent, and take their receipt therefor. If the accused be held for trial or examination, such money or property shall remain in the custody of the Chief of Police until the discharge or conviction of the person accused, unless prior thereto they have delivered the same to a state or county officer, as provided by law. (Ord. 2973-NS § 2, 1948)

All unclaimed property that has been in the possession of the Police Department for at least 90 days and is no longer needed as evidence shall be disposed of by the Chief of Police in one of the following ways:

A. It shall be destroyed, if so directed by federal, state or City laws, and may be destroyed if authorized by said laws.

B. All guns or firearms which are not required or authorized to be destroyed by federal or state laws shall be destroyed in the manner specified in the Dangerous Weapons’ Control Law of the State of California.

C. If the use of any such property is requested by any department of the City and the property so requested is not subject to destruction under applicable federal, state or City laws, or as provided herein, said property shall be turned over to the purchasing agent of the City, who shall sign a receipt therefor, for distribution to the department making the request.

D. All such property which is not disposed of as hereinabove provided in subsections A, B and C, shall be sold at public auction to the highest bidder. Such public auction shall be held at least once each year at a time and place to be fixed by the City Council. The purchasing agent or some person designated by them shall give notice of said auction sale at least five days before the time fixed therefor by publication once in the official newspaper. Said notice shall state the day and hour when such sale shall commence, the place at which it is to be held, and shall contain a general description of the property to be sold, or shall refer to a list thereof on file with the City Clerk. Said notice shall be signed by the purchasing agent or by the person designated by them to conduct such public auction. The proceeds of such sale shall, together with all moneys unclaimed for a period of 90 days, be paid into the City Treasury. (Ord. 4346-NS § 1, 1968; Ord. 2973-NS § 3, 1948)

The Police Department is authorized to sell to authorized persons copies of motor vehicle accident reports and photographs made in connection therewith for the following fees:

A. For each photocopy of motor vehicle accident report, ten dollars.

B. For each black and white photograph enlarged to eight by ten inches on single-weight paper, six dollars.

C. For each color photograph enlarged to eight by ten inches on single-weight paper, ten dollars.

D. For each three by five color photograph on single-weight paper, three dollars. (Ord. 5452-NS § 2 (part), 1982; Ord. 5265-NS § 1, 1980; Ord. 5168-NS § 1 (part), 1979; Ord. 5102-NS § (part), 1978; Ord. 5076-NS § 1 (part), 1978; Ord. 4760-NS § 1, 1968; Ord. 4553-NS § 1, 1971)

In response to appropriate inquiry, the Police Department furnishes a letter confirming the fact of a report of a theft or other crime, which confirmation letter provides a general description of any property involved but does not give investigative details. The Police Department also furnishes good conduct letters required of citizens seeking visas to visit foreign countries. The Police Department is authorized to charge a fee established by Council resolution, for each such confirmation or clearance letter. (Ord. 6819-NS § 1, 2004; Ord. 5434-NS § 2 (part), 1982; Ord. 5265-NS § 2, 1980; Ord. 5168-NS § 1 (part), 1979; Ord. 5102-NS § 1 (part), 1978; Ord. 5076-NS § 1 (part), 1978; Ord. 4553-NS § 2, 1971)

The fees set forth in Sections 2.64.120 and 2.64.130 of this chapter shall not apply to federal, state or local agencies, county, City and other political subdivisions and public districts. (Ord. 4553-NS § 3, 1971)

The Police Department is authorized to charge for fingerprinting for noncriminal or non-City purposes at a fee to be established by Council resolution, such fee to be in addition to charges incurred by the department for processing of the fingerprints by the State Department of Justice. (Ord. 6818-NS § 1, 2004; Ord. 6691-NS § 1, 2002; Ord. 5452-NS § 1, 1982; Ord. 5168-NS § 1 (part), 1979; Ord. 5102-NS § 1 (part), 1978; Ord. 5076-NS § 1 (part), 1978; Ord. 4553-NS § 2, 1971)

A. The Police Department shall give lowest priority to enforcement of the laws against possession, use and cultivation of marijuana.

B. The Police Department shall make no arrests for the possession, use or cultivation of marijuana without the authorization of the City Council. (Ord. 4642-NS (part), 1973)