Culver City Municipal Code Ch. 3.04 Police Department

Section

General Provisions

Police Badges

Police Reserve Corps

Disposition of Unclaimed Property

Military Equipment Use Policy

Cross-reference:

Police officers' and fire fighters' salaries, see §§ 3.05.200 through 3.05.215

Unruly parties and gatherings; law enforcement expenses, see §§ 9.06.005 through 9.06.025

Application for parade permit; investigation by Police Department, see § 9.06.120

GENERAL PROVISIONS

A. Purpose. It is the purpose and intention of this Section to provide for a method whereby certain services rendered by the Police Department are compensated on the basis of an equitable schedule as determined by City Council resolution.

('65 Code, § 28-18)

B. Services included. The following services are to be compensated in sums fixed by City Council resolution:

• 1. Providing copies of traffic accident reports;
• 2. Issuing citizen clearance letters and related services;
• 3. Taking fingerprints;
• 4. Furnishing accident photographs to persons involved in an accident.

('65 Code, § 28-19)

• C. Exceptions. No fee shall be charged for fingerprints of:

• 1. Persons in criminal matters;
• 2. Applicants for Culver City Civil Service examinations;
• 3. Applicants for Culver City licenses;
• 4. Persons required to be fingerprinted for service in charitable organizations.

('65 Code, § 28-20) (Ord. No. CS-457)

POLICE BADGES

A. Type. The official police officer badge of the City shall be of the type and design and size approved by the City Council in Resolutions Nos. 2249 and 2617. The “Shield type” shall be issued exclusively to regularly employed members of the Police Department.

('65 Code, § 28-1)

B. Manner issued. All police badges shall be issued only by the City Council.

('65 Code, § 28-2)

An official identification card of the type approved by the Chief of Police shall be issued to each regular appointed police officer, which card shall contain photograph, description, name, address, rank, and number and be signed by the Chief of Police.

('65 Code, § 28-3)

It shall be unlawful for any person to have in his possession any official badge of the type designated herein, unless such badge has been regularly issued to him pursuant to his official capacity with the City.

('65 Code, § 28-5) (Ord. No. 943 § 1 (part))

It shall be unlawful for any person, firm or corporation to manufacture, design, make, sell or transfer any badge which closely resembles an official badge as designated herein, unless the City Council has authorized same in writing.

('65 Code, § 28-6)

The Chief of Police shall at all times keep a record of all badges issued and shall act as custodian of all unissued badges.

('65 Code, § 28-7)

The City Treasurer shall administer a fund to be known as the Police Badge Revolving Fund, which shall provide the funds for return of badge deposits, re-plating and repairing of badges.

('65 Code, § 28-8)

It is unlawful for any person, upon demand of the Chief of Police, not to return to the Chief of Police any badge issued to said person by the City; provided, that upon retirement a badge engraved “retired” may be retained by the retired employee.

('65 Code, § 28-9) (Ord. No. 943 § 1 (part))

POLICE RESERVE CORPS

There is hereby established, in and for the City of Culver City, a Police Reserve Corps, each member appointed by the Chief of Police.

('65 Code, § 28-12) (Ord. No. CS-58 § 1)

The membership of the Police Reserve Corps shall be limited to 100 members.

('65 Code, § 28-13) (Ord. No. CS-58 § 2)

The members of the Corps shall be qualified to assist regular police officers in their duties and shall be subject to such requirements of training as prescribed by the Chief of Police and the Police Reserve Manual as adopted by the City Council. When lawfully performing duties assigned by the Chief of Police, the Corps members shall have the same power as a regular police officer.

('65 Code, § 28-14) (Ord. No. CS-770 § 1)

During service in the Corps, each member shall wear such uniform and shall carry such identification as prescribed by the Chief of Police.

('65 Code, § 28-15) (Ord. No. CS-58 § 5)

The Chief of Police may terminate any member of the Corps at any time.

('65 Code, § 28-16) (Ord. No. CS-58 § 7)

It shall be unlawful for any person not an authorized member of the Corps to represent himself in any manner as one.

('65 Code, § 28-17) (Ord. No. CS-58 § 6)

DISPOSITION OF UNCLAIMED PROPERTY

A. Unclaimed property in the possession of the Police Department shall be held by the Police Department for a period of at least four (4) months, except that bicycles shall be held for a period of at least three (3) months.

B. Thereafter, unless otherwise provided by law, the Police Department shall:

1. Sell such property at public auction to the highest bidder, with notice of the sale being given by the Chief of Police at least five days before the time fixed therefor by publication once in a newspaper of general circulation, circulated within the City and published in the County, or

2. Transfer such property to the Purchasing Officer for sale to the public at public auction, or

3. Transfer to the Chief of Police any such bicycle which is needed for use in a program designed to prevent juvenile delinquency; a record of such use or disposition shall be kept by the Chief.

('65 Code, § 28-21) (Ord. No. CS-94 § 1; Ord. No. CS-970 § 1)

The Chief of Police shall keep a complete record showing when such property came into the possession of the Police Department, a description thereof, a record of where the same was found or from whom taken, and when claimed, the person making such claim, or when advertised and sold, the date of such sale, the name and address of the purchaser and the sale price thereof.

('65 Code, § 28-22)

All monies received as a result of such sales shall be paid to the City Treasurer and by him deposited in the General Fund of the City.

('65 Code, § 28-23) (Ord. No. CS-94 § 2)

Any property not exceeding Ten Thousand Dollars ($10,000.00) in value or cash not exceeding Ten Thousand Dollars ($10,000.00) coming into the possession of the Police Department which is determined by the City Manager to be unclaimed and needed for City use shall be converted for City use; provided, however, that nothing shall be construed herein to limit or modify the provisions of the Penal Code pertaining to the disposition of weapons or contraband. Property valued in excess of Ten Thousand Dollars ($10,000.00) or cash exceeding Ten Thousand Dollars ($10,000.00) shall be submitted to the City Council for review before conversion.

('65 Code, § 28-25) (Ord. No. CS-538; Ord. No. 95-019 § 1; Ord. No. 2006-009 § 22 (part))

The provisions of this Subchapter shall have no application to property that has been intentionally abandoned by its owner.

(Ord. No. 2005-013 § 1)

MILITARY EQUIPMENT USE POLICY

For the purposes of this Subchapter, the following terms shall have the following meanings:

CITY. Any department, agency, bureau, and/or subordinate division of the City of Culver City.

CITY COUNCIL. The governing body that is the Culver City Council.

MILITARY EQUIPMENT. Includes all of the following, as defined in Cal. Gov’t Code § 7070:

1. Unmanned, remotely piloted, powered aerial or ground vehicles;

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. Police versions of standard consumer vehicles are specifically excluded from this Subchapter;

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. Unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this Subchapter;

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion;

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units;

6. Weaponized aircraft, vessels, or vehicles of any kind;

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. Items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this Subchapter;

8. Firearms of .50 caliber or greater. Standard issue shotguns are specifically excluded from this Subchapter;

9. Ammunition of .50 caliber or greater. Standard issue shotgun ammunition is specifically excluded from this Subchapter;

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Cal. Penal Code §§ 30510 and 30515, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency;

11. Any firearm or firearm accessory that is designed to launch explosive projectiles;

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray;

13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD);

14. The following projectile launch platforms and their associated munitions: 40 mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons;

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding Paragraphs 1. through 15. above, MILITARY EQUIPMENT does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency.

MILITARY EQUIPMENT USE POLICY. A publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment;

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment;

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment;

4. The legal and procedural rules that govern each authorized use;

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment Use Policy;

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority and, if applicable, what legally enforceable sanctions are put in place for violations of the policy;

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

POLICE DEPARTMENT. Any division, section, bureau, employee, volunteer and/or contractor of the Culver City Police Department.

STATE AGENCY. The law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

TYPE. Each item that shares the same manufacturer model number.

(Ord. 2022-005 § 3 (part))

A. The Culver City Police Department shall obtain approval of the City Council, by a motion adopting a Military Equipment Use Policy at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act, commencing with Cal. Gov’t Code § 54950, prior to engaging in any of the following:

1. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code;

2. Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers;

3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing;

4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City of Culver City;

5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this Subchapter;

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment;

7. Acquiring military equipment through any means not provided by this section.

B. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the military equipment is available for use.

C. The City Council shall review this Subchapter at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act commencing with Cal. Gov’t Code § 54950.

(Ord. 2022-005 § 3 (part))

A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of military equipment approved by the City Council within one year of approval, and annually thereafter for as long as the military equipment is available for use.

B. The Police Department shall also make each annual Military Equipment Report required by this Section publicly available on its internet website for as long as the military equipment is available for use.

C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use;

2. A summary of any complaints or concerns received concerning the military equipment;

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response;

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual Military Equipment Report;

5. The quantity possessed for each type of military equipment;

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment.

E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this Section, whether each type of military equipment identified in that report has complied with the standards for approval set forth in this Subchapter and the Military Equipment Use Policy. If the City Council determines that a type of military equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

(Ord. 2022-005 § 3 (part))